BILL REQ. #:  H-0721.2 

Read first time 02/11/09.   Referred to Committee on Environmental Health.

     AN ACT Relating to hazardous waste releases and cleanup at facilities in substantial noncompliance with chapter 70.105 RCW; adding new sections to chapter 70.105 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) There are hazardous waste facilities in this state located on sites listed on the United States environmental protection agency's national priority list, pursuant to 42 U.S.C. Sec. 9605, due to releases of hazardous substances, or on the same contiguous property containing these sites. Some hazardous waste management units at these facilities are in significant noncompliance with the requirements of this act and pose special dangers to human health and the environment. Cleanup of these hazardous substances will require a substantial commitment of time, money, and effort. Sites and facilities with releases of hazardous substances on the United States environmental protection agency's national priority list are the most serious of hazardous substance release sites in the state.
     (2) Disposing of additional hazardous waste to hazardous waste management units located at facilities within these sites or on the same contiguous property containing such sites, where releases have yet to be cleaned up and while hazardous waste management units located at the facility remain in significant noncompliance with this act, is likely to: Slow the cleanup; use capacity for disposal that may be needed for cleanup and disposal of wastes from the site or property; add to the cumulative impacts from the site; increase the amount of cleanup required; or adversely affect the efforts to bring the facility into compliance with the requirements of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.105 RCW to read as follows:
     It is the policy of the state to ensure cleanup and compliance at facilities with large releases of hazardous substances, and where a hazardous waste management unit or units located on the same property or site are in significant noncompliance with this act, before permitting the disposal of more hazardous waste that is not generated from the cleanup of the same site, facility, or property.
     It is the further policy of the state to ensure prompt cleanup of releases of hazardous waste and hazardous waste constituents, ensure timely development of treatment and disposal capacity for hazardous wastes currently stored in tank systems and awaiting disposal, and ensure compliance by hazardous waste facilities with all requirements of this act and the implementing rules of the Washington Administrative Code.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.105 RCW to read as follows:
     (1) The restriction on the disposal of hazardous waste in this section is limited to hazardous waste that Washington state has received authorization to regulate from the United States under the state's approved hazardous waste management program under 42 U.S.C. Sec. 6926, as amended, or 42 U.S.C. Sec. 6939c, as amended.
     (2) The department may not permit disposal of hazardous waste at a facility located on a site named by the United States environmental protection agency as a national priority list site pursuant to the federal comprehensive environmental response, compensation, and liability act, 42 U.S.C. Sec. 9605, or that is on the same contiguous property as such a site, where:
     (a) A hazardous waste management unit at such a facility is in significant noncompliance with the requirements of this chapter; and
     (b) The hazardous waste is not generated from cleanup, corrective, or remedial action under this chapter, 42 U.S.C. Sec. 9605, or chapter 70.105D RCW at the facility or other facilities or sites located on the same contiguous property or that was released from these facilities or sites.
     (3) The department may adopt rules to define what constitutes significant noncompliance for purposes of this section or to otherwise implement this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 70.105 RCW to read as follows:
     (1) This act does not in any way affect or modify the enforceability of any order issued by the department or compliance schedules (otherwise known as milestones) under the Hanford federal facility agreement and consent order, also known as the tri-party agreement, in effect on the effective date of this section.
     (2) Rules adopted by the department to implement this chapter that provide for exemptions or exclusions from hazardous or dangerous waste permitting including, but not limited to, exemptions for small quantities of dangerous wastes, materials used in manufacturing, lab samples, and special wastes remain fully applicable and available to any qualifying permit applicant under this act.
     (3) Section 3 of this act does not apply to currently permitted disposal of hazardous waste contained in sealed structures such as naval reactor vessels, which the department has determined under the state environmental policy act, chapter 43.21C RCW, will not pose a significant risk of release to the environment over extended time periods, as long as the receiving hazardous waste management unit remains in significant compliance with the requirements of this chapter and relevant permits.
     (4) The department may grant an annual waiver from the provisions of section 3 of this act for disposal of de minimis quantities of hazardous waste. The waiver applies only if the department determines that the:
     (a) Specific hazardous waste or hazardous waste constituent proposed to be disposed of is within the scope of wastes fully considered in permitting and in any impact statement or threshold determination issued or adopted under the state environmental policy act, chapter 43.21C RCW, for the facility or unit;
     (b) Unit that will receive the waste is in compliance with the conditions of any applicable permit, compliance order, or agreement and the requirements of this chapter; and
     (c) Disposal will not adversely affect the availability of disposal capacity for cleanup or remediation of releases, compliance, and corrective action at the site or have any other adverse effect upon remediation and corrective action. The department shall adopt rules determining: (i) What is a de minimis quantity of wastes for purposes of this subsection, with a presumption that such a quantity does not exceed an annual volume to be determined by the department; and (ii) the criteria and procedures, including public notice and comment, for obtaining an annual waiver of the prohibition in section 3 of this act. Criteria for annual waivers may include, but are not limited to: Whether disposal of the waste stream benefits research on environmental cleanup or treatment of hazardous wastes or national security; impacts to health and groundwater from future projected releases; whether any other facilities are available for disposal; and potential for significant impacts at any point in the cycle of treatment, storage, or disposal.
     (5) This act is intended to operate within the existing regulatory scope of this chapter and, consistent with RCW 70.105.109, to regulate hazardous wastes to the extent not preempted by federal law.
     (6) This act does not limit the department's authority to develop and implement facility-specific permit terms and conditions as necessary to protect human health and the environment.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.