Rulemaking: Chapters 173-425, 173-430, and 173-400 WAC, Flame Cap Kilns and Air Curtain Incinerators
Agency
Ecology, Department of
Title of action
Rulemaking: Chapters 173-425, 173-430, and 173-400 WAC, Flame Cap Kilns and Air Curtain Incinerators
Date significant agency action was initiated
Thursday, February 6, 2025
Category
Significant legislative rules
Brief description of significant agency actions for which the agency is initiating an environmental justice assessment.
This rulemaking will consider two amendments to the existing rule. First, it will explore adding the definition of “flame cap kilns” and “silvicultural burning” in rule to align with amendments made to RCW by Substitute Senate Bill (SSB) 6121. Adding the definitions will not change the existing laws on what, where, and when burning is legal. Second, this rulemaking will address the air curtain incinerator permitting process. Current technology for air curtain incinerators makes it difficult to meet some emission limits, and therefore permit applications for ACIs require additional consideration and information. This requires additional work by the applicant and Ecology and additional time needed to issue the necessary permit. With proper siting criteria and operation standards, ACIs may still be more beneficial to air quality than open burning. This will also not change the existing laws related to burning. The area(s) most likely to be impacted if there is an increase in emissions are those where burning takes place frequently, such as the central and eastern regions of the state. In addition to the two potential amendments mentioned above, this rulemaking may also consider other amendments to these chapters to clarify language and improve regulatory requirements for air quality.
Methods for providing public comment for agency consideration as part of the environmental justice assessment.
Ecology plans to conduct engagement focused on connecting with overburdened communities and vulnerable populations for the purpose of the environmental justice assessment of this rulemaking. Engagement is anticipated to begin in Fall 2025. Public meetings will be held (virtually, in person, or both depending on the need), during which time we will open the floor for Q&A and informal comments from the public. Ecology welcomes oral comments during public hearings(s), electronically submitted comments, comments submitted by mail related to the Environmental Justice Assessment for this rulemaking. More information will be provided on our webpage as the rulemaking further develops.
Link to agency webpage where the action is posted.
Status