FINAL BILL REPORT

HB 2168

                                  C 376 L 89

BYRepresentatives Nelson, Hankins, Jesernig, Raiter, Miller, May, Rust, Inslee, Valle and Spanel

Authorizing services charges on facilities handling wastes composed of both radioactive and hazardous components.

House Committe on Energy & Utilities

Rereferred House Committee on Appropriations

Senate Committee on Energy & Utilities and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

In 1985 the Legislature enacted a comprehensive hazardous waste management program.  The Department of Ecology has broad powers to regulate the management of hazardous wastes and the release of hazardous substances.  The materials covered by the Hazardous Waste Management Act are classified as dangerous wastes, extremely hazardous wastes, hazardous substances, hazardous household substances, and moderate-risk wastes.  Hazardous waste can include substances which have both radioactive and hazardous components.  The department has authority to regulate hazardous substances containing both radioactive and hazardous components to the extent that federal law allows.

The federal Resource Conservation and Recovery Act (RCRA) is the major federal legislation governing the management of hazardous substances.  The Environmental Protection Agency (EPA) has primary authority for enforcement of RCRA.  RCRA permits states with satisfactory hazardous waste management programs to be certified to enforce RCRA in the state.  Washington is certified and the Department of Ecology is designated as the state's RCRA enforcing agency.

At the federal level it is not clear which federal agency has authority to regulate mixed wastes, wastes that have both hazardous and radioactive components.  Some of the uncertainty has been resolved by a United States Department of Energy (USDOE) interpretive rule that asserts regulatory authority over only the nuclear components of mixed wastes for which USDOE is responsible.  The hazardous waste components are the responsibility of EPA or the state RCRA enforcing agency.  EPA and the Nuclear Regulatory Commission (NRC) have developed a similar understanding with respect to hazardous substances and radioactive wastes over which the NRC has authority.

The EPA requires that states which are authorized to enforce RCRA must also be able to regulate mixed wastes.  Washington has been certified as meeting this requirement.

RCRA directs that all federal agencies engaged in any activity which results or may result in the disposal of hazardous waste must comply with procedural and substantive requirements of state law to the same extent any other person.  The payment of reasonable service charges is specifically included in the requirements with which federal agencies must comply.  The President may exempt a federal facility from compliance with any state requirement if the exemption is in the paramount interest of the United States.  An exemption may not be based on lack of an appropriation unless the President has requested an appropriation and Congress has failed to provide the necessary funding.  An exemption is valid for only one year, but it may be renewed.

SUMMARY:

The Department of Ecology may assess a reasonable service charge against facilities that store, treat, incinerate, or dispose of wastes containing both hazardous and radioactive components or against similar facilities which are undergoing closure.  Service charges may not be imposed against commercial low-level radioactive waste facilities undergoing closure.  The service charge may be assessed for costs of permit development, issuance and review and of monitoring to assure compliance with the hazardous waste management act.  All charges collected shall be deposited in the state Toxics Control Account.  No charges may be collected until the department adopts rules to implement the service charges.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    44     0 (Senate amended)

      House 97   0 (House concurred)

EFFECTIVE:May 12, 1989