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Department of Ecology News Release - November 14, 2001
01-191
SPOKANE - Save Our Summers (SOS), eight individual plaintiffs and the Washington Department of Ecology (Ecology) have reached a mediated settlement to resolve SOS' lawsuit over wheat-stubble burning.
Under the agreement, Ecology will continue to improve its existing burn program until a new regulation is adopted by the fall of 2006 that will more specifically govern the burning of cereal-grain stubble. The public "rule-making" process will begin by spring 2004.
Meanwhile, Ecology will convene a panel of health and meteorology experts to review the state's existing cereal-grain burning program and make recommendations about how the existing program can be improved to lessen the health effects of smoke.
The state Department of Health will be asked to take an active role in the review panel. The committee's preliminary recommendations are expected before the fall 2002 burn season. The experts also will participate in a complete health assessment of the effects of wheat-stubble burning prior to Ecology's rule-making effort.
Under the agreement, Ecology will provide better notification so the public knows how much burning to expect.
"We are confident this agreement is good for clean air and for the health of our citizens, and it's also a positive step for the wheat industry," said Ecology Director Tom Fitzsimmons. "The agreement gives farmers a clearer picture of what the future holds, which is important for their planning purposes."
Ecology's current burn program includes making daily burn/no-burn calls to allow burning only when ventilation is adequate; managing an active, $200,000-per-biennium research program to identify and develop alternatives to burning; and a strong enforcement program.
The existing program also includes an aggressive permitting program managed in partnership with local, delegated permitting authorities.
Approximately 2,000 permit applications are reviewed each year. Using updated best management practices, the permit process seeks to prevent any unnecessary burning.
Save Our Summers and two individuals sued Ecology in October 1999 under the federal Americans with Disabilities Act (ADA) and the Rehabilitation Act to force Ecology to stop issuing burn permits and to make more than 17 modifications to its current efforts to prevent and control wheat-stubble burning.
Six additional individuals joined the suit in September 2000.
The settlement must still be approved by the court.
Contact: Jani Gilbert, Ecology public information manager, 509-456-4464; pager, 509-622-1289
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
