AN ACT Relating to planning for toxic air emissions; amending RCW 70.94.030 and 70.94.152; and adding a new section to chapter 70.94 RCW.

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

Sec. 1. Section 3, chapter 232, Laws of 1957 as last amended by section 119, chapter 141, Laws of 1979 and RCW 70.94.030 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof, including toxic air contaminants.

(2) "Toxic air contaminant" means a substance that, because of its toxic, mutagenic, carcinogenic, or reproductive effects, poses a potential threat to human health or the environment.

(3) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property.

((~~(3)~~)) (4) "Person" means and includes an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

((~~(4)~~)) (5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

((~~(5)~~)) (6) "Board" means the board of directors of an authority.

((~~(6)~~)) (7) "Control officer" means the air pollution control officer of any authority.

((~~(7)~~)) (8) "State board" means the state air pollution control board, or any department or agency which by law shall succeed to its powers, duties and functions.

((~~(8)~~)) (9) "Emission" means a release into the outdoor atmosphere of air contaminants.

((~~(9)~~)) (10) "Department" means the state department of social and health services.

((~~(10)~~)) (11) "Ambient air" means the surrounding outside air.

((~~(11)~~)) (12) "Multicounty authority" means an authority which consists of two or more counties.

((~~(12)~~)) (13) "Emission standard" means a limitation on the release of a contaminant or multiple contaminants into the ambient air.

((~~(13)~~)) (14) "Air quality standard" means an established concentration, exposure time and frequency of occurrence of a contaminant or multiple contaminants in the ambient air which shall not be exceeded.

((~~(14)~~)) (15) "Air quality objective" means the concentration and exposure time of a contaminant or multiple contaminants in the ambient air below which undesirable effects will not occur.

NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:

(1) The department of ecology or the board of any authority may require toxic emission control plans to be submitted for any new, existing, or potential toxic air contaminant source that include, as a minimum: (a) Preventative measures to avoid the accidental release of toxic air contaminants, and (b) plans for protecting public health in the event of an emergency or accidental release of toxic air contaminants.

(2) The department of ecology shall adopt rules to implement this section. The rules shall: (a) Specify a procedure for review and approval of toxic emission control plans, (b) provide for exemptions for toxic air contaminant sources if it is demonstrated that there is no reasonable danger of an emergency or accidental release of toxic air contaminants, and (c) allow the plans required by subsection (1)(b) of this section to be prepared in coordination with the requirements of Title III of Public Law 99-499, the superfund amendment and reauthorization act of 1986.

(3) The department, in developing criteria to identify toxic air contaminants under the definition in RCW 70.94.030(2), shall consider criteria developed in accordance with federal laws and regulations in order to avoid inconsistencies in state and federal law.

Sec. 3. Section 29, chapter 238, Laws of 1967 as last amended by section 2, chapter 193, Laws of 1973 1st ex. sess. and RCW 70.94.152 are each amended to read as follows:

(1) The department of ecology or board of any authority may require notice of the construction, installation, or establishment of any new air contaminant sources except single family and duplex dwellings. The department of ecology or board may require such notice to be accompanied by a fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given to either the board or to the department of ecology shall preclude a further notice to be given to any other board or to the department of ecology. Within thirty days of its receipt of such notice, the department of ecology or board may require, as a condition precedent to the construction, installation, or establishment of the air contaminant source or sources covered thereby, the submission of plans, specifications, and such other information as it deems necessary in order to determine whether the proposed construction, installation, or establishment will be in accord with applicable rules and regulations in force pursuant to this chapter, and will provide all known available and reasonable methods of emission control. If on the basis of plans, specifications, or other information required pursuant to this section the department of ecology or board determines that the proposed construction, installation, or establishment will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto, or will not provide all known available and reasonable means of emission control, it shall issue an order for the prevention of the construction, installation, or establishment of the air contaminant source or sources. If on the basis of plans, specifications, or other information required pursuant to this section, the department of ecology or board determines that the proposed construction, installation, or establishment will be in accord with this chapter, and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto and will provide all known available and reasonable methods of emission control, it shall issue an order of approval of the construction, installation, and establishment of the air contaminant source or sources, which order may provide such conditions of operation as are reasonably necessary to assure the maintenance of compliance with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto. If the department of ecology or board of any authority determines that an air contaminant source could emit an accidental release of toxic air contaminants either in such a volume or of such a toxicity that public health would be substantially endangered, the approval order shall include provisions allowing the department of ecology and the authority to require modifications to the air contaminant source if it is determined, on the basis of an inspection, that the air contaminant source is operating in such a manner that unacceptable safety risks exist.

(2) For the purposes of this chapter, addition to or enlargement or replacement of an air contaminant source, or any major alteration therein, shall be construed as construction or installation or establishment of a new air contaminant source. The determination, under subsection (1) of this section, of whether a proposed construction, installation, or establishment will be in accord with this chapter and the applicable ordinances, resolutions, rules, and regulations adopted pursuant thereto shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be exceeded.

(3) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or devices of any particular type, from any particular supplier, or produced by any particular manufacturer.

(4) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) hereof shall be maintained in good working order.

(5) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section shall not relieve any person from his obligation to comply with any emission control requirements or with any other provision of law.