Establish a Whitman County Air Pollution Control Authority

-The Washington Clean Air Act (RCW 70.94) seeks "to preserve, protect, and enhance the air quality for current and future generations," as well as "to protect the public welfare and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions."
-Whitman County has NOT enforced the WA Clean Air Act & has provided NO protections to county residents impacted by existing marijuana facilities.
-Whitman County has protected the growing of marijuana by treating it as an agricultural activity, despite it not meeting the state definition: “at least five acres of land devoted primarily to the commercial production of livestock, agricultural commodities, or cultured aquatic products.” (RCW 70.94.640)
-Even if marijuana grow operations met the definition of agricultural activity (5 acre size not allowed by Liquor and Cannabis Board license) the agricultural exemption in the clean air act only applies to odors and fugitive dust, NOT volatile organic compounds (VOC). (RCW 70.94.640)
-Other Washington State air quality agencies have determined that production and processing of marijuana has the potential to emit air contaminants in the form of odors and volatile organic compounds (VOC) (eg. Puget Sound Clean Air Agency/PSCAA).
-The Eastern Region Department of Ecology, Air Quality Division, does not respond to complaints about marijuana odor or volatile emissions.
-Whitman County needs an air quality authority to enforce the Washington Clean Air Act.

-Examples of enforcement commonly used in other WA counties or Air Quality Agencies:
1. Hire a county employee whose responsibilities would include inspecting facilities to ensure compliance, enforcement, and responding to odor/VOC complaints.
2. Require all marijuana operations (new & existing) to register with the county.
3. Marijuana operations will pay an annual fee, amount determined on a yearly basis, to cover all county Air Pollution Control Authority costs. (RCW 70.94.162)
4. Require operating standards that include: “No marijuana producer, processor, or retailer shall emit smoke or odors that is detectable at or beyond the lot lines.”
5. Existing producers and processors have 1 year to demonstrate compliance. (Spokane Regional Clean Air Agency SRCAA)