H-1234              _______________________________________________

                                                    HOUSE BILL NO. 693

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Peery and Sutherland

Read first time 2/6/87 and referred to Committee on Environmental Affairs.

AN ACT Relating to toxic air contaminants; and amending RCW 70.94.152.

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

        Sec. 1.  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.