HOUSE BILL REPORT
HB 478
BYRepresentatives Lux, Allen, Sprenkle, Valle, Pruitt, Crane, Meyers, Peery, Rust, Cole, Leonard, Unsoeld, Fisher, Jacobsen and Todd
Requiring permits for the operation of an air contaminant source.
House Committe on Environmental Affairs
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (12)
Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, Ferguson, Jesernig, Lux, May, Pruitt, D. Sommers, Sprenkle, Unsoeld and Walker.
House Staff:Bonnie Austin (786-7107)
AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS JANUARY 21, 1988
BACKGROUND:
The Washington Clean Air Act (Act) was enacted in 1967 to implement the requirements of the Federal Clean Air Act and to ensure safe and healthful levels of air quality. Air contaminant sources must be registered with either the Department of Ecology (Ecology) or the local Air Pollution Control Authority. A registration fee is charged to cover the costs of administering the registration program.
Under the Act, air contaminant sources are classified and regulated according to the type of industry. Industries must meet emission standards and other regulatory standards set for their particular industry. General regulatory standards apply to all industries that do not have specific standards established. Specific standards are set for the pulp and paper industry and the aluminum industry. Typical regulatory standards include opacity and fallout requirements and limits on the amount of specific pollutants (e.g., sulfur dioxide, carbon monoxide, fluoride, particulate) that may be emitted from a source. Periodic monitoring and reporting is generally required.
The requirements for the construction of a new air contaminant source are more stringent than those for existing sources. A notice of construction must be submitted to Ecology or the local authority. The agency may require the submission of plans, specifications, and other information necessary to determine whether the proposed air contaminant source will comply with the regulatory standards established in the Act. If the standards are met, an order for approval of construction is granted. The order may contain conditions that must be met to ensure the maintenance of compliance with the standards. If the agency finds that the proposed source does not comply with the requirements of the Act, an order for the prevention of the construction is issued.
Operating permits are not required under the Act. Routine inspection of facilities to monitor compliance with the standards does not occur. Inspection and enforcement takes place on a complaint basis.
SUMMARY:
SUBSTITUTE BILL: The Washington State Institute for Public Policy (Institute) shall conduct a study to determine whether air operating permits are needed in this state to improve air quality, ensure compliance with regulatory standards, control toxic air emissions, and give regulatory agencies additional authority to impose permit conditions and new technologies. The Institute must make recommendations and report to the Legislature by January 1, 1989.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The original bill authorized Ecology or any local air authority to issue operating permits for air contaminant sources, conduct inspection programs, and charge permit fees. The substitute bill deletes all of these provisions and instead calls for a study of the need for air operating permits.
Appropriation: $40,000 to the Washington State Institute for Public Policy.
Fiscal Note: Requested January 22, 1988.
Effective Date:The bill contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: Elizabeth Tabbutt, Washington Environmental Council; Bruce Wishart, Sierra Club.
House Committee - Testified Against: None Presented.
House Committee - Testimony For: A comprehensive study of the benefits of requiring air operating permits should be conducted before the state requires air operating permits.
House Committee - Testimony Against: None Presented.