HOUSE BILL REPORT
EHB 2168
As Amended by the Senate
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
Majority Report: Do pass with amendments. (12)
Signed by Representatives Nelson, Chair; Todd, Vice Chair; Hankins, Ranking Republican Member; Brooks, Cooper, Gallagher, Jacobsen, Jesernig, May, R. Meyers, H. Myers and S. Wilson.
House Staff:Harry Reinert (786-7110)
Rereferred House Committee on Appropriations
Majority Report: Do pass as amended by Committee on Energy and Utilities. (25)
Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Belcher, Bowman, Braddock, Brekke, Bristow, Brough, Dorn, Ebersole, Ferguson, Hine, May, McLean, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, VAlle, Wang and Wineberry.
House Staff: Nancy Stevenson (786-7136)
AS PASSED HOUSE MARCH 10, 1989
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 State has been certified and the Department of Ecology has been designated as the state's RCRA enforcing agency.
At the federal level there has been uncertainty about which federal agency has authority to regulate mixed wastes, those that have both hazardous and radioactive components. Some of these uncertainties have been resolved by a United States Department of Energy (USDOE) interpretive rule that USDOE maintains regulatory authority over only the nuclear components of mixed wastes for which it 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 relationship between those two agencies with respect to hazardous substances and radioactive wastes over which the NRC has authority.
The EPA has required that states which are authorized to enforce RCRA must also be able to regulate mixed wastes. Washington state has been certified as meeting that 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. Specifically included in the requirements which must be complied with are reasonable service charges. The President may exempt a 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 that contain both hazardous and radioactive components or against similar facilities which are 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.
$2,650,000 is appropriated to the Department of Ecology from the State Toxics Control Account.
The act is declared to be an emergency and takes effect immediately.
EFFECT OF SENATE AMENDMENTS: The Senate Amendment specifically excludes commercial low-level radioactive waste facilities from the service charge for closure of facilities containing mixed wastes. The Senate amendments also provide that a service charge may not be imposed on a mixed waste facility undergoing closure until the Department of Ecology adopts rules to implement the service charge.
Appropriation: $2,650,000 is appropriated to the Department of Ecology.
Revenue: The bill has a revenue impact.
Fiscal Note: Requested February 28, 1989.
Effective Date:The bill contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: (Energy & Utilities) Christine Gregoire, Department of Ecology; Sara McCoy, Puget Sound SANE; Michael Gilbert, Heart of American Northwest.
(Appropriations) Terry Husseman, Department of Ecology; Barry Bede, U.S. Ecology.
House Committee - Testified Against: (Energy & Utilities) None Presented.
(Appropriations) None Presented.
House Committee - Testimony For: (Energy & Utilities) This bill will help the Department of Ecology work with the U.S. Department of Energy on clean-up of the Hanford Reservation.
(Appropriations) Allows the Department of Ecology to charge a service fee to the U.S. Department of Energy to cover the cost of the state's oversight regarding the cleanup of the Hanford Reservation.
House Committee - Testimony Against: (Energy & Utilities) None Presented.
(Appropriations) None Presented.
VOTE ON FINAL PASSAGE:
Yeas 96; Excused 2
Excused: Representatives Bowman and Hankins