AN ACT Relating to
pollution prevention; adding a new section to chapter 70.95C RCW; adding a new
section to chapter 90.48 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 70.95C RCW to read as follows:
(1) Not later than
January 1, 1995, the department shall designate an industry type and up to ten
individual facilities within that industry type to be the focus of a pilot multimedia
program. The program shall be designed to coordinate department actions
related to environmental permits, plans, approvals, certificates,
registrations, technical assistance, and inspections. The program shall also
investigate the feasibility of issuing facility-wide permits. The director
shall determine the industry type and facilities based on:
(a) A review of at
least three industry types; and
(b) Criteria which
shall include at least the following factors:
(i) The potential for
the industry to serve as a state-wide model for multimedia environmental
programs including pollution prevention;
(ii) Whether the
industry type is subject to regulatory requirements relating to at least two of
the following subject areas: Air quality, water quality, or hazardous waste
management;
(iii) The existence
within the industry type of a range of business sizes; and
(iv) Voluntary
participation in the program.
(2) Not later than
January 1, 1997, the department shall submit to the governor and the appropriate
standing committees of the legislature:
(a) A report evaluating
the pilot multimedia program. The report shall consider the program's effect
on the efficiency and effectiveness of program delivery and shall evaluate the
feasibility of expanding the program to other industry types; and
(b) A report analyzing
the feasibility of a facility-wide permit program.
(3) In developing the
program, the department shall consult with and seek the cooperation of the
environmental protection agency.
(4) For purposes of
this section, "facility-wide permit" means a single multimedia permit
issued by the department to the owner or operator of a facility incorporating
the permits and any other relevant department approvals previously issued to
the owner or operator or currently required by the department.
NEW SECTION. Sec.
2. The purpose of this
section and section 3 of this act is to establish a pilot program to encourage
environmental permit program efficiency and pollution prevention through
increased private sector participation in the preparation of wastewater
discharge permits currently administered by the department of ecology.
The legislature
recognizes that pollution prevention can often be accomplished through
cooperative partnerships between government and industry and through voluntary
changes in industrial production methods. By using expertise available in the
private sector, the pilot program provided for in this section and section 3 of
this act is intended to reduce the backlog of expired wastewater discharge
permits in order to better protect the water quality of the state.
The legislature intends
that the pilot program be implemented through the use of technical assistance
and administrative guidelines; it is not the intent of this act to authorize
additional rule making. The legislature also intends that the pilot program be
implemented without causing a reduction in the number of state employees
involved in administration of the wastewater discharge permit program.
The provisions in this
act do not affect the authority of the department to bring enforcement actions,
nor do they affect provisions in existing law for public participation and
rights of appeal of permit decisions.
NEW SECTION. Sec.
3. A new section is added
to chapter 90.48 RCW to read as follows:
(1) For the period
beginning July 1, 1994, and ending July 1, 1996, the department shall conduct a
pilot program to test the feasibility and effectiveness of allowing certain
industries that require a permit, renewal, or modification under RCW 90.48.260
or 90.48.160 to submit an application in the form of a draft permit and fact
sheet.
(2) Within thirty days
of the effective date of this section, the department shall request approval
from the federal environmental protection agency to implement the pilot program
as provided in this section. If the environmental protection agency grants
approval, the department shall:
(a) Establish criteria
for a variety of types of applicants that are eligible to participate. Such
criteria shall include:
(i) Consideration of
the applicant's compliance history; and
(ii) The potential for
the industry to serve as a model for increased private sector participation in
permit preparation;
(b) Develop guidelines
specifying the elements of a complete draft permit and fact sheet;
(c) Make available a
list of approved contractors with whom applicants may contract for draft permit
preparation;
(d) Document cost and
time savings that may or may not result from draft permit preparation by
applicants and reflect such savings in the next revision of permit fees for
such applicants. Any reduction in fees for permittees participating in the
pilot program shall not cause an increase in fees for other permittees; and
(e) Limit the number of
facilities that will be eligible to participate in the pilot program to ten.
(3) Nothing in this section
affects the requirements for public participation and right of appeal under RCW
90.48.260 and chapter 43.21B RCW. The department shall retain full authority
under this chapter to approve, modify, or disapprove any draft permit or fact
sheet submitted under this section.
(4) By July 1, 1995,
the department shall provide an interim report to the appropriate standing
committees of the legislature evaluating the effectiveness of the pilot program
authorized under this section. A final report shall be submitted by December
1, 1996.
NEW SECTION. Sec.
4. (1) The legislature finds
that utilization of private sector expertise may also benefit other
administrative functions within the department of ecology's wastewater discharge
permit program. The legislature therefore directs the department to conduct a
study, in cooperation with the federal environmental protection agency, to
evaluate the feasibility of utilizing private sector expertise for permit
compliance assurance activities. By December 1, 1994, the department shall
submit a report to the appropriate standing committees of the legislature that
includes the following elements:
(a) A review of options
for utilizing the private sector in the performance of annual compliance
inspections of facilities covered under wastewater discharge permits. Such
options shall include a review of the feasibility of: (i) The department
contracting for compliance inspection services; (ii) the permittee contracting
for compliance inspection services; and (iii) any other options identified by
the department;
(b) An analysis of
whether the options identified in (a) of this subsection are permissible under
the federal clean water act and implementing regulations;
(c) An evaluation of
whether cost savings or other benefits would result from utilizing private
sector resources;
(d) An evaluation of
whether staffing reductions would result from such privatization and, if so,
what plan should be followed in order to transfer these employees to other
appropriate classifications within the water quality program;
(e) An analysis of
changes that may be necessary in the wastewater discharge permit fee schedule
to accomplish such privatization; and
(f) Identification of
any other alternative compliance strategies, in addition to privatization, that
will improve the effectiveness and efficiency of the wastewater discharge
permit program, and thereby improve the water quality of the state.
(2) The department
shall seek recommendations from the federal environmental protection agency as
to what federal waivers or approvals, if any, may be required to implement the
options identified in subsection (1)(a) of this section.
NEW
SECTION. Sec. 5. If any part of this act
is found to be in conflict with federal requirements, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect
to the agencies directly affected, and this finding does not affect the
operation of the remainder of this act in its application to the agencies
concerned.
