HOUSE BILL REPORT

                 ESHB 1810

                    As Passed Legislature

Title:  An act relating to the authority of the state for cleanup standards under the model toxics control act.

Brief Description:  Changing the scope of cleanup standards for remedial actions under the model toxics control act.

Sponsors:  By House Committee on Agriculture & Ecology (originally sponsored by Representatives Chandler, Honeyford, Thompson and L. Thomas).

Brief History:

  Committee Activity:

Agriculture & Ecology:  2/23/95, 3/1/95 [DPS];

Appropriations:  3/3/95 [DPS(AG)].

Floor Activity:

Passed House:  3/13/95, 86-11.

Senate Amended.

House Concurred.

Passed Legislature.

HOUSE COMMITTEE ON AGRICULTURE & ECOLOGY

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 15 members:  Representatives Chandler, Chairman; Koster, Vice Chairman; McMorris, Vice Chairman; Mastin, Ranking Minority Member; Chappell, Assistant Ranking Minority Member; Boldt; Clements; Delvin; Honeyford; Johnson; Kremen; Poulsen; Regala; Robertson and Schoesler.

Minority Report:  Without recommendation.  Signed by 2 members:  Representatives R. Fisher and Rust.

Staff:  Rick Anderson (786-7114).

HOUSE COMMITTEE ON APPROPRIATIONS

Majority Report:  The substitute bill by Committee on Agriculture & Ecology be substituted therefor and the substitute bill do pass.  Signed by 20 members:  Representatives Silver, Chairman; Clements, Vice Chairman; Huff, Vice Chairman; Pelesky, Vice Chairman; Beeksma; Brumsickle; Carlson; Cooke; Crouse; G. Fisher; Foreman; Grant; Lambert; Lisk; McMorris; Poulsen; Reams; Sehlin; Sheahan and Talcott.

Minority Report:  Do not pass.  Signed by 7 members:  Representatives Sommers, Ranking Minority Member; Valle, Assistant Ranking Minority Member; Basich; Jacobsen; Rust; Thibaudeau and Wolfe.

Staff:  Nancy Stevenson (786-7137).

Background:  The Model Toxics Control Act (MTCA), adopted through the initiative process in 1987, does not establish specific hazardous waste cleanup standards.  Instead, it directs the Department of Ecology (Ecology) to establish and periodically update cleanup standards, which must be "at least as stringent" as the cleanup standards under the federal Superfund law and all other "applicable" federal and state laws, including health-based standards.

In 1991, the department adopted rules establishing general cleanup standards and methods to establish cleanup standards for specific sites.  In general, the rules provide three basic methods (A, B, and C) for determining the level of cleanup at a site.  

Method A establishes specific numeric cleanup standards for 25 specific contaminants. This method is used for sites that have only a few types of contaminants, and then only for sites with contaminants for which standards have been set.  Method B provides a standard method for determining cleanup levels for ground water, surface water, soil, and air that is based on a site specific risk assessment.  The risk assessment uses a number of assumptions that are determined by the department.  Examples of these assumptions include: how much contaminant could be ingested;  toxicity of the contaminant, body weight of the person ingesting a contaminant, how much risk is acceptable, etc.  Method C provides a "conditional" method involving site-specific risk assessment and is used when Methods A and B may be impossible to implement or may cause greater environmental harm.    Method C is similar to Method B in that it allows a site specific risk assessment.  Unlike method B, method C assumes that "acceptable risk" for cancer causing substances is one in 100,000.  Method B uses an acceptable risk assumption of one in one million.

 In 1991, Ecology adopted rules to establish soil cleanup standards for industrial sites.  The rules allowed these industrial sites to use less stringent cleanup standards if institutional controls are used (i.e. keeping the land in industrial use, fences, etc.).  The rules specified the standards could be used only at large industrial areas.  Legislation enacted in 1994 broadened the scope of when the industrial soil cleanup standards could be used.   The department is currently writing rules to implement this legislation. 

Summary of Bill:  A policy advisory committee is created to review the model toxics control act and the cleanup standards adopted by the Department of Ecology.  The committee is to consist of four legislators, the departments of Ecology and Health,  and one member representing each of the following groups:  the science advisory board,  environmental industries, ports, cities, and counties; four members representing small and large businesses, and four members representing citizens and environmental organizations.    The Department of Ecology is to select three additional members based on recommendations of the committee.  By December 15, 1996, the committee is to submit a final report to the Legislature on six issues relating to hazardous waste cleanups. Provisions for reimbursing task force members are specified.

The policy advisory committee is directed to select two pilot projects to evaluate the effectiveness of the alternative cleanup standards.   The sites chosen for the pilot project must meet certain requirements, including having multiple potentially responsible parties and community support.  The department is to apply alternative cleanup standards and remedial actions on these sites, based in part on risk assessment information prepared by the potentially liable parties.  The project managers from the department and the lead potentially liable party must submit interim and final reports on the progress of the pilot projects.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date of Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  (Agriculture & Ecology)  The hazardous waste cleanup process is broken.  The costs of these cleanups are too high.  As a result, past industrial areas are being vacated and new industrial development is moving to previously unindustrialized "greenfields."    Hazardous waste cleanups result in eliminating one premature death per every $4.5 billion spent by industry.  Hazardous waste sites represent the same risk to people as do stairs.   In an era of scarce resources, money can be better spent to protect public health. 

 (Appropriations)  We are looking for better ways to clean up hazardous waste sites.  It makes more sense for industries to locate in industrial areas rather than moving to previously unindustrialized "greenfields."

Testimony Against:   (Agriculture & Ecology)  Do not let the lawyers of the potential liable parties negotiate their own cleanup standards.  Their interests will win out over citizen's interests every time.  The state's hazardous waste program is working.  Hundreds of cleanups have occurred in this state.  The cleanup process is slow because of delays by the potentially liable parties.  The health of the community is more important that the extra dollars spent by the potentially liable parties.

 (Appropriations)  None.

Testified:  (Agriculture & Ecology)  Randy Lewis, City of Tacoma (pro); Victoria Chiechi, Washington Refuse and Recycle Association (pro);  Marcia Newlands, Heller Ehrman (pro); Don Chance, Association of Washington Business (pro); Naki Stevens, People for Puget Sound (con); Doris Cellarious, Sierra Club (con); Philip Johnson, (con); and Laurie Valeriano, Washington Toxics Coalition (con).

(Appropriations)  Representative Gary Chandler, prime sponsor.