H-1104 _______________________________________________
HOUSE BILL NO. 414
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State of Washington 50th Legislature 1987 Regular Session
By Representatives Pruitt, Walker, Rust, Lux, Allen, Sprenkle, May, Unsoeld, Ferguson and D. Sommers
Read first time 1/28/87 and referred to Committee on Environmental Affairs. Referred to Committee on Ways & Means 2/25/87. Referred to Committee on Rules 2/27/87.
AN ACT Relating to planning for toxic air emissions; amending RCW 70.94.030; 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.
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(4) "Person" means and includes an individual, firm, public or
private corporation, association, partnership, political subdivision,
municipality or government agency.
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(5) "Authority" means any air pollution control agency whose
jurisdictional boundaries are coextensive with the boundaries of one or more
counties.
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(6) "Board" means the board of directors of an authority.
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(7) "Control officer" means the air pollution control officer
of any authority.
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(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.
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(9) "Emission" means a release into the outdoor atmosphere of
air contaminants.
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(10) "Department" means the state department of social and
health services.
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(11) "Ambient air" means the surrounding outside air.
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(12) "Multicounty authority" means an authority which consists
of two or more counties.
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(13) "Emission standard" means a limitation on the release of
a contaminant or multiple contaminants into the ambient air.
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(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.
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(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 or existing air contaminant source that include, as a minimum: (a) Preventative measures to avoid the accidental release of air contaminants, and (b) plans for protecting public health in the event of an emergency or accidental release of 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, and (b) provide for exemptions for an air contaminant source if it is demonstrated that there is no reasonable danger of an emergency or accidental release of air contaminants.