HOUSE BILL REPORT

SB 5072

As Amended by the House

BYSenator Kreidler

Authorizing the department of ecology to participate in certain hazardous waste programs.

House Committe on Environmental Affairs

Majority Report:  Do pass with amendments.  (8)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, Jesernig, Lux, Pruitt, Sprenkle and Unsoeld.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Ferguson, Schoon, D. Sommers and Walker.

House Staff:Susan Gulick (786-7116)

AS PASSED HOUSE APRIL 7, 1987

BACKGROUND:

In 1976 Congress passed the Resource Conservation and Recovery Act (RCRA) to establish a regulatory program for hazardous wastes.  Many new elements were added by Congress in 1984 including more stringent provisions for generators of small quantities of hazardous wastes, used oil regulations, and underground storage tank provisions.  The act is administered by the U.S. Environmental Protection Agency (EPA) unless EPA delegates the responsibility to a state.  In order for states to receive authorization to administer their own hazardous waste program, they must demonstrate to EPA that their program is consistent and no less stringent than the federal program, and that adequate enforcement provisions are included in the state program.  Currently the state programs provide maximum penalties of $10,000 per day; maximum penalties under federal law are $25,000 per day.

In 1981, the legislature passed the Hazardous Waste Management Act to establish the original state program.  On January 31, 1985, the Department of Ecology received authorization from EPA to administer all aspects of the EPA program except those portions that were established by the 1984 amendments to RCRA.

To receive authority to administer the new elements, Ecology must be empowered by the legislature to apply for authorization from EPA.  Any portion of the program that is not delegated to the state will be administered by EPA.

SUMMARY:

The Department of Ecology is given the authority to administer all the provisions of the federal Resource Conservation and Recovery Act except the provisions for underground storage tanks.  Penalties under the state Hazardous Waste Management Act are increased from $10,000 to $25,000.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Washington Environmental Council; Department of Ecology.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The state benefits by administering its own program rather than deferring to a federal agency.  The legislature must pass this bill in order for the state to receive authority to administer its own program.

House Committee - Testimony Against:      None Presented.