SENATE BILL REPORT

SHB 414

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives Pruitt, Walker, Rust, Lux, Allen, Sprenkle, May, Unsoeld, Ferguson and D. Sommers) 

Requiring toxic emission control plans.

House Committe on Environmental Affairs

Senate Committee on Parks & Ecology

Senate Hearing Date(s):March 31, 1987; April 2, 1987

Majority Report:  Do pass as amended.

      Signed by Senators Kreidler, Chairman; Rinehart, Vice Chairman; Hansen.

Senate Staff:Gary Wilburn (786-7453)

                  April 3, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, APRIL 2, 1987

BACKGROUND:

The Department of Ecology (Ecology) is responsible for statewide air pollution control.  Ecology has authority to 1) enforce federal laws and regulations and 2) to adopt more stringent standards.

Toxic air contaminants are substances that may cause cancer, birth defects, or other threats to human health.  The U.S. Environmental Protection Agency (EPA) is in the process of adopting standards for toxic air contaminants but many remain undeveloped.  Current law does not specifically give Ecology the authority to require plans for (1) the prevention of accidental toxic air emissions and (2) emergency actions necessary to protect public health in the event of an accidental release.

SUMMARY:

The Department of Ecology (Ecology) or a local air pollution control authority may require facilities to prepare toxic emission control plans that include (1) preventive measures to avoid accidental release of toxic air contaminants and (2) plans for protecting public health in the event of an accidental release.

Ecology shall adopt rules to implement this requirement.  The rules shall specify a procedure for review and approval of plans.  Exemptions will be provided for a facility if there is no reasonable danger of an emergency or accidental release of air contaminants.  The plans may be prepared in coordination with plans required by federal law.  In identifying toxic air contaminants, Ecology is to consider federal criteria.

For new toxic air contaminant sources that could emit either (a) unusually high volumes of toxic air contaminants or (b) contaminants of unusually high toxicity, Ecology is given the authority to evaluate the adequacy of safety precautions and to require modifications to the source if unacceptable safety risks exist.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Ecology rules for review and approval of plans are required to incorporate state-adopted provisions of the Uniform Fire Code relating to hazardous material.  Criteria for designating toxic air contaminants are to be developed in accordance with other state laws to avoid inconsistencies.  A sunset review date of July 1, 1992 is set.

Fiscal Note:      available

Senate Committee - Testified: Catherine Bens, Department of Ecology; Gary Smith, IBA