SENATE BILL REPORT

ESSB 5071

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

Changing provisions relating to dangerous wastes.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):January 15, 1987; January 19, 1987

Majority Report:  That Substitute Senate Bill No. 5071 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Rick Anderson (786-7717)

                  April 17, 1987

AS PASSED SENATE, MARCH 12, 1987

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 had authority over these 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 hazardous wastes having a radioactive component unless preempted by federal law.

Fiscal Note:      requested

Senate Committee - Testified: Barry Bede, US Ecology, Inc.; Jackie Kettman, WashPIRG; Elizabeth Tabbutt, WEC

HOUSE AMENDMENTS:

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

The Department of Ecology is to prepare a report describing the compliance record of major federal facilities with respect to the handling of hazardous wastes.