SENATE BILL REPORT

EHB 2168

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

Senate Hearing Date(s):March 21, 1989; March 30, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators Benitz, Chairman; Metcalf, Nelson, Owen, Stratton, Sutherland, Williams.

Senate Staff:Phil Moeller (786-7445)

                  March 31, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):April 3, 1989

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Hayner, Johnson, Lee, Matson, Moore, Newhouse, Niemi, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Charles Langen (786-7715)

                  April 4, 1989

AS REPORTED BY COMMITTEE ON WAYS & MEANS, APRIL 3, 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 allows 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 as any person.  Specifically included as a requirement are reasonable service charges assessed by a state.

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 it 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.

Appropriation:    $2,650,000 is appropriated to the Department of Ecology.

Revenue:    yes

Fiscal Note:      requested February 28, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.

SUMMARY OF PROPOSED ENERGY & UTILITIES AMENDMENT:

The Department of Ecology must adopt rules before assessing charges against facilities covered by this legislation which are undergoing closure.

SUMMARY OF PROPOSED WAYS & MEANS AMENDMENT:

Any commercial low-level radioactive waste facility is excluded from the definition of "service charges" and from the assessment of service charges against facilities.

Senate Committee - Testified: ENERGY & UTILITIES:  Jim Boldt, Westinghouse; Earl Tower and Roger Stanley, Department of Ecology; Barry Bede, US Ecology

Senate Committee - Testified: WAYS & MEANS:  Senator Max Benitz; Jim Boldt, Westinghouse; Barry Bede, US Ecology; Terry Husseman, DOE