HOUSE BILL REPORT

ESHB 644

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Rust, Allen, May, Hine, Unsoeld, Valle and Rasmussen; by request of Puget Sound Water Quality Authority)

Authorizing the department of ecology to certify testing laboratories for departmental submittals.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, D. Sommers, Sprenkle, Unsoeld and Walker.

Minority Report:     Do not pass.  (1)

     Signed by Representative Schoon.

House Staff:Susan Gulick (786-7116)

AS PASSED HOUSE MARCH 20, 1987

BACKGROUND:

Laboratory analyses are often required by federal, state, or local water quality laws. The Department of Ecology and the U.S. Environmental Protection Agency rely on these results to determine whether the law and associated permit requirements are being followed and whether enforcement action is necessary.  The Department of Social and Health Services relies on results of analyses of water quality and shellfish tissues to be sure that fecal coliform levels are within specific levels designed to protect human health.  Laboratory analyses are also conducted for routine ambient monitoring to establish trends and for investigations designed to answer specific questions.

Procedures for the collection and analysis of environmental samples are not currently standardized.  Quality control and quality assurance procedures are generally lacking.  In cases where they exist, there is no method to determine to what extent they are followed.  Thus, laboratory results may come into question, and their usefulness can be impaired.  Some entities utilize their own laboratories to test their effluent, and each one may have a slightly different procedure.  This results in data bases that are not comparable.  Agencies with large ambient monitoring programs also lack comparable data from year to year.  This makes it difficult to determine trends and toxicant levels in a specific body of water.

SUMMARY:

The Department of Ecology is authorized to certify laboratories that submit data to the department.  Fees for certification may be charged to cover the department's costs. The certification may consider:  1) evaluation of procedures, 2) determination of the accuracy of test results, 3) certification of laboratories based on prior certification by another state, and 4) other appropriate factors.  The department may require any person submitting data to the department to use laboratory certified by either the department or the U.S. Environmental Protection Agency.  The maximum fee that can be charged to persons who a) have a federal permit, b) operate a lab solely for their own use and c) require certification solely for conventional pollutants is $4,000.

Persons who have state or federal wastewater discharge permits will not be charged a fee before September 30, 1988.  The Department of Ecology may not duplicate federal requirements.

EFFECT OF SENATE AMENDMENT(S):  The maximum fee that can be charged to persons who a) have a federal permit, b) operate a lab solely for their own use, and c) require certification for only conventional pollutants is the actual cost of providing certification or $4,000, whichever is less.  Labs a) owned by persons holding wastewater permits and operated solely for their own use and b) that participate in federal quality assurance programs are exempt from certain certification and fee requirements.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Puget Sound Water Quality Authority; Department of Ecology.

House Committee - Testified Against: Northwest Pulp and Paper.

House Committee - Testimony For:     The bill provides the necessary data management for good environmental regulation in the state.

House Committee - Testimony Against: Existing programs are adequate; there is no need for such a costly change.  Unannounced inspections of dischargers is a far more efficient method of providing quality assurance.

VOTE ON FINAL PASSAGE:

     Yeas 94; Nays 3; Excused 1

Voting Nay:     Representatives Chandler, Fuhrman and C. Smith

Excused:   Representative Padden