SENATE BILL REPORT

SB 5071

BYSenators 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)

                  January 19, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, JANUARY 19, 1987

BACKGROUND:

Current statutory language (in RCW 70.105) may exclude the Department of Ecology from regulating dangerous 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 presently 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 traditionally had authority over these wastes.  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 waste components of mixed wastes.  The Department of Ecology is now in the process of applying to the EPA for this authority.

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

SUMMARY:

The Department of Ecology is to have authority to regulate the hazardous waste component of those wastes having a radioactive component unless preempted by federal law.

EFFECT OF PROPOSED SUBSTITUTE:

Minor technical changes are made to the definition of dangerous wastes.

Fiscal Note:      requested

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