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Program Template photo identifier

Air Quality Program

Chapter 173-430 WAC - Agricultural Burning

Agricultural Burning Rule Making
Earlier this year, the Washington State Legislature passed legislation raising the cap for agricultural burning fees (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/6556-S.SL.pdf). On November 10, Ecology adopted amendments to Chapter 173-430 WAC, Agricultural Burning. These amendments:

  • Increased agricultural burning fees within the new caps. The additional money will pay for a larger portion of the costs of the program.
  • Adopted a process to review the fees at least every two years and adjust them as necessary.
  • Changed the pile burning fee from a per-acre to a per-ton fee.
  • Deleted language that the state court of appeals (Rasmussen v. Ecology) found to be outside Ecology’s authority. The deleted language determined the length of the crop rotation cycle needed to get a waiver for open burning of field or turf grasses.
  • Made minor changes for consistency:
    • Corrected references to the renumbered statute.
    • Corrected PM2.5 index number.
    • Clarified the refund language.
    • Re-organized the rule to accommodate new sections.
    • Added definitions for field, spot, and pile burning.

The amendments take effect December 12, 2010. Ecology will begin charging the new fees January 1, 2011.

You can find the adopted rule text here.

Updated Fee Schedule (starting January 1, 2011)

Minimum Fee Variable Fee
$30 for the first 10 acres $3.00 for each additional acre
$30 for 10 acers of less N/A
$80 for the first 100 tons $.50 for each additional ton

Agricultural Burning Practices and Research Task Force
The Agricultural Burning Practices and Research Task Force (Task Force) determines the fees within the cap. On May 4, 2010, the Task Force met to determine the 2011 fees.

The Task Force also served as the rule advisory committee, assisting Ecology with key issues and providing input during the development of the rule.

You can get more information about the Task Force here: www.ecy.wa.gov/programs/air/aginfo/Task_force.htm 

Press Releases
November 15, 2010
August 4, 2010

Email Updates
Sign up for email updates about this rule making here.

Contact Information
If you have any questions, please contact:

Richelle Perez
(360) 407-7528

Public Hearings Held

Dayton, WA
Thursday, Aug 26, 2010
7 pm
Columbia Rural
Library District
111 S. 3rd Street

Wenatchee, WA
Thursday, Sept 2, 2010
6 pm
Wenatchee Public Library
310 Douglas Street

Hearing Presentation


Adopted Rule Text

Sign up for e-mail updates about this rule making

Chapter 173-430: Current rule-making activity

Agricultural Burning Practices and Research Task Force meetings

Senate Substitute Bill 6556

More information about agricultural burning

Contact: Richelle Perez
(360) 407-7528