FINAL BILL REPORT

SSB 5071

                                  C 488 L 87

BYSenate Committee on Parks & Ecology (originally sponsored by Senators Kreidler, Williams and Rinehart)

Changing provisions relating to dangerous wastes.

Senate Committee on Parks & Ecology

House Committe on Environmental Affairs

SYNOPSIS AS ENACTED

BACKGROUND:

Current statutory language (in RCW 70.105) may exclude the Department of Ecology from regulating hazardous wastes that are also radioactive.

The Department of Ecology is seeking authority to regulate the hazardous waste component of certain "mixed wastes" (wastes that are both hazardous and have low-level radioactivity).  These wastes are produced primarily at the Hanford reservation by the U.S. Department of Energy (USDOE).

It is uncertain as to how regulatory authority over mixed wastes produced at USDOE facilities will be divided between the federal agencies.  The U.S. Department of Energy has authority over radioactive wastes under the Atomic Energy Act.  However, the U.S. Environmental Protection Agency (EPA) has recently adopted rules requiring the EPA, or states having an EPA-authorized program, to regulate the hazardous components of mixed wastes under the Resource Conservation and Recovery Act, the federal hazardous waste law.  The Department of Ecology is now in the process of applying to the EPA for authority to regulate mixed wastes.

Commercial facilities within the state also produce small quantities of mixed wastes.  The Department of Social and Health Services has regulatory authority over the radioactive component of these wastes.

SUMMARY:

The Department of Ecology has authority to regulate the hazardous waste component of mixed wastes unless preempted by federal law.

Provisions are established allowing the USDOE to dispose of extremely hazardous wastes containing radioactive components under certain circumstances.

VOTES ON FINAL PASSAGE:

      Senate    48     1

      House 96   0 (House amended)

      Senate            (Senate refused to concur)

      House             (House refused to recede)

Conference Committee

      House 88   0

      Senate    44     1

EFFECTIVE:July 26, 1987