BP BHEAD INT S

AN ACT Relating to the integration of environmental permits; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that existing media-specific environmental operating permit programs increase administrative costs due to duplication, are unnecessarily confusing to those required to obtain and renew permits, and impede the achievement of comprehensive environmental protection strategies that address total pollutant emissions to all environmental media. Therefore, it is the intent of the legislature to create a single administrative unit with the department of ecology to integrate existing environmental operating permits, with its creation to be phased in over time. It is further the intent of the legislature to create procedures for integrating the administration of other permits administered by other units of government, without affecting the jurisdiction of such units over such permits. It is further the intent of the legislature that the department assess and make recommendations upon multimedia permit initiatives to obtain better information upon cross-media impacts and to encourage cross-media emission trade offs and allowances for the purpose of economic efficiency and maximizing total emissions reductions.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Department" means the department of ecology.

(2) "Director" means the director of the department of ecology.

(3) "Office" means the environmental permits office created by section 3 of this act.

(4) "Permit" or "environmental permit" means a license, permit, registration, certificate, approval, regular compliance reporting, or similar requirements that condition the operation of an activity, imposed under:

(a) Chapter 90.48 RCW, relating to the discharge of pollutants to state waters;

(b) Chapter 70.94 RCW, relating to the emission of pollutants to the air;

(d) Chapter 70.95 RCW, relating to the management and disposal of solid waste.

NEW SECTION. Sec. 3. CREATION OF ENVIRONMENTAL PERMITS OFFICE. (1) There is created the environmental permits office within the department. By November 1, 1995, the director shall prepare a plan for transferring the functions described in section 4 of this act to the office. The plan may provide for phased compliance in transferring functions for any period up to June 30, 2001. The plan shall be submitted to the governor for review and inclusion in the governor's recommended budget for the succeeding biennium, and shall also be submitted to the fiscal and environmental standing committees of the senate and house of representatives. Beginning November 1, 1996, the director shall report annually to the governor and such legislative committees on the status of implementation of the office, including the identification of federal legal or administrative barriers to implementation and recommendations for statutory modification to facilitate carrying out the intent of this chapter.

(2) It is the intent of the legislature that the office be comprised of employees of the department engaged in the administration of the program functions on the effective date of the transfer of such functions to the office. The director's plan for the transfer of such functions shall include the transfer of such administrative staff and facilities as are necessary to administratively support the same functions within the environmental permits office.

NEW SECTION. Sec. 4. PERMIT FUNCTIONS WITHIN THE OFFICE. (1) The environmental permits office shall be responsible for the following functions upon transfer by the director to the office:

(a) The administration of wastewater discharge permits under the authority of chapter 90.48 RCW;

(b) The administration of air quality operating permits under the jurisdiction of the department under chapter 70.94 RCW;

(c) The administration of registration of new sources and source modifications under the jurisdiction of the department under chapter 70.94 RCW;

(d) The administration of standards and reporting requirements applicable to hazardous waste generators under chapter 70.105 RCW; and

(e) The administration of solid waste permits by the department under intergovernmental agreements entered pursuant to section 6 of this act.

(2) The office shall administer all aspects of permit issuance and compliance for those programs transferred to the office, except that the director may retain functions relating to permit enforcement in other department programs.

(3) The transfer and consolidation of functions within the environmental permits office shall not be the basis for any increase in fees applicable to permit administration by the department. No later than November 1, 1998, the department shall report on whether reductions in the fees applicable to the permits administered within the office may be achieved based upon the projected implementation the consolidation initiatives within the office.

NEW SECTION. Sec. 5. ADMINISTRATION CONSOLIDATION. (1) For those facilities subject to two or more permits or media-specific standards administered by the office, the director shall provide in the plan developed under section 3 of this act for the following administrative consolidation initiatives:

(a) A single, multimedia permit encompassing all permit requirements otherwise applicable under other provisions of law;

(b) Unified deadlines for expiration and renewal of all elements of the single, comprehensive permit;

(c) A designated permit coordinator for each facility subject to a multimedia permit that serves as the principal source of contact for the permit holder;

(d) Consolidating media-specific monitoring and permit compliance functions, such as frequency and timing of monitoring and data reporting;

(e) Integrating compliance with the state environmental policy act, chapter 43.21C RCW, with major decisions relating to issuance and renewal of the multimedia permit;

(f) Providing comprehensive public participation procedures ensuring early and timely opportunity for public review and comment upon proposed issuance, renewal, or significant modification of the multimedia permit; and

(g) Providing a consolidated appeal procedure applicable uniformly to department decisions relating to the multimedia permit.

(2) The director may phase in the consolidation initiatives under subsection (1) of this section over a period up to June 30, 2001.

(3) In implementing the consolidation initiatives of this section, the director shall comply with substantive and procedural requirements of state and federal statutes relating to the media-specific program functions subject to consolidation. Where the director identifies a statutory requirement that directly conflicts with a requirement of this chapter, the director shall report such conflict to the governor and legislature as part of its annual progress report submitted under section 3 of this act, together with its recommendations for resolving the conflict. In cases of potential conflict, the director shall exercise his or her discretion under existing statutory requirements to the maximum extent practicable to implement fully the consolidation initiatives of this chapter.

NEW SECTION. Sec. 6. CONSOLIDATION WITH OTHER GOVERNMENTAL UNITS. (1) The department and any agency or agencies administering an environmental permit for a facility shall negotiate the provisions of an intergovernmental agreement for the consolidated administration of the environmental permits applicable to such facility, upon request by the holder of the permits for the facility. The agreement may provide for the delegation of program functions from one governmental agency to another, where consistent with otherwise applicable state or federal law, but such delegation is not required. At a minimum the agreement should designate a single permit coordinator for all matters relating to environmental permits covering the facility, and for consolidated monitoring and data reporting, public participation, and appeal procedures.

(2) Notwithstanding a request from the facility permit holder, the department and any other agency that both administer an environmental permit for the same facility may enter an agreement for the consolidation of permit administration functions consistent with the initiatives of section 5 of this act.

NEW SECTION. Sec. 7. POLLUTION PREVENTION A PRIORITY. In all aspects of administration of the permits within the environmental permits office, pollution prevention as a cost-effective method of environmental quality protection shall be emphasized. The office shall provide technical assistance in achieving pollution prevention as a high-priority activity.

NEW SECTION. Sec. 8. DEPARTMENT STUDY. On or before November 1, 1998, the department shall review the experience to date with the consolidation initiatives of the environmental permits office, and existing state and federal statutory requirements, and prepare a report on:

(1) Methods of monitoring and data management and analysis to comprehensively measure total pollutant emissions from single facilities, to measure pollutant loading trends over time and over geographic areas, and to analyze the cross-media impacts of differing emission limitations and standards;

(2) The costs and benefits of programs for cross-media emission trades and allowances, and the role of multimedia permit programs in administering such programs; and

(3) Means to better integrate the environmental operating permit responsibilities of local, regional, state, and federal agencies.

In preparing the report, the department shall consider the emission reduction goals and standards of existing state and federal environmental regulatory programs, and its recommendations shall be designed to achieve further emission reductions, and at minimum to prevent any backsliding from otherwise applicable limitations.

NEW SECTION. Sec. 9. CAPTIONS. Section captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 43 RCW.