BP BHEAD INT H

AN ACT Relating to volatile organic compound emissions; amending RCW 70.94.030; adding new sections to chapter 70.94 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In the interest of the public health and welfare and in keeping with the objectives of RCW 70.94.011, it is the policy of the state to control, reduce, and prevent air pollution caused by volatile organic compound emissions. It is the policy of the state to limit the sale of a paint product that contains volatile organic compound material to those individuals who understand and abide by the laws and rules applicable to the use of the material.

Sec. 2. RCW 70.94.030 and 1991 c 199 s 103 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW.

(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air which shall not be exceeded.

(4) "Ambient air" means the surrounding outside air.

(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

(6) "Automotive volatile organic compound" means an organic compound that participates in atmospheric photochemical reactions and is used on an automobile. However, "volatile organic compound" does not mean a compound determined to have negligible photochemical reactivity by the United States environmental protection agency and listed in 40 C.F.R. Sec. 51.165.

(7) "Board" means the board of directors of an authority.

((~~(7)~~)) (8) "Control officer" means the air pollution control officer of any authority.

((~~(8)~~)) (9) "Department" means the department of ecology.

((~~(9)~~)) (10) "Emission" means a release of air contaminants into the ambient air.

((~~(10)~~)) (11) "Emission standard" means a limitation on the release of an air contaminant or multiple contaminants into the ambient air.

((~~(11)~~)) (12) "Multicounty authority" means an authority which consists of two or more counties.

((~~(12)~~)) (13) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.

((~~(13)~~)) (14) "Silvicultural burning" means burning of wood fiber on forest land consistent with the provisions of RCW 70.94.660.

(15) "User identification number" means the number a business or individual receives from the department after meeting the criteria necessary to use automotive volatile materials under section 3 of this act.

NEW SECTION. Sec. 3. (1) A business or individual, or its agent, may purchase over one pint of automotive volatile organic compound material only if that business or individual has received a volatile organic compound user identification number from the department, except as provided in section 4 of this act.

(2) In order to obtain a volatile organic compound user identification number, a business or individual shall provide the information requested and comply with the rules adopted by the department under this section.

(3) The department shall adopt rules governing the user identification number process by January 1, 1994. The rules must at least include:

(a) The format of the application for obtaining a user identification number, including an emphasis on understanding the rules governing automotive volatile organic compound application and disposal relevant to the county where that applicant is going to use the automotive volatile organic compound material;

(b) A one-time fee of up to fifty dollars for the issuance of a user identification number; and

NEW SECTION. Sec. 4. (1) A business or individual may purchase up to one one-gallon container of automotive volatile organic compound material without a user identification number if the purchaser obtains a temporary user identification number from the business or individual selling the material.

(2) In order to obtain a temporary user identification number, a business or individual shall provide the information requested and comply with the rules adopted by the department under this section.

(3) The department shall adopt rules governing the temporary user identification number process under this section by January 1, 1994. The rules must at least include:

(a) The format of the application for obtaining a temporary user identification number, including an emphasis on understanding the rules governing automotive volatile organic compound application and disposal relevant to the county where that applicant is going to use the automotive volatile organic compound; and

(b) That the temporary user identification number must cost fifty percent of the amount charged for the user identification number.

NEW SECTION. Sec. 5. (1) A business or individual that sells automotive paints or supplies may not sell over one pint of automotive volatile organic compound material to a business or individual that has not obtained a user identification number under section 3 of this act, unless the purchaser and seller comply with the rules governing the temporary user identification number under section 4 of this act.

(2) A business or individual that sells automotive paint or supplies shall place on the invoice for over one pint of automotive volatile organic compound material the name and address of the business or individual, the user identification number, or temporary user identification number of the purchaser, and have the authorized purchaser using the user identification number sign the invoice.

NEW SECTION. Sec. 6. A business or person that sells over one pint of automotive volatile organic compound material to a business or individual that does not have a valid user identification number or temporary user permit is subject to a fine of an amount to be determined by rule adopted by the department.

NEW SECTION. Sec. 7. Sections 3 through 6 of this act are each added to chapter 70.94 RCW.