SENATE BILL REPORT
SB 6428
BYSenators Talmadge, Rasmussen, Niemi, Bender and Warnke
Restricting the use of chlorofluorocarbons.
Senate Committee on Environment & Natural Resources
Senate Hearing Date(s):January 24, 1990
Majority Report: Do pass and refer to Committee on Ways & Means.
Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Benitz, Kreidler, Patterson, Sutherland.
Senate Staff:Dawn P. Vyvyan (786-7717)
January 26, 1990
Senate Committee on Ways & Means
Senate Hearing Date(s):February 5, 1990; February 6, 1990
Majority Report: That Substitute Senate Bill No. 6428 be substituted therefor, and the substitute bill do pass.
Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Johnson, Lee, Moore, Niemi, Saling, Smith, Talmadge, Warnke, Wojahn.
Senate Staff:Steve Jones (786-744)
February 9, 1990
AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 6, 1990
BACKGROUND:
Chlorofluorocarbons (CFCs) are chemicals used as refrigerants, cleaning solvents, aerosol propellants, and polystyrene blowing agents. CFCs are nontoxic, nonflammable, noncorrosive, and stable chemicals in the lower atmosphere, where they can persist for up to 100 years. Because of their longevity, CFCs eventually rise into the upper atmosphere, where they break down from intense solar radiation. The chlorine and bromine atoms released during this breakdown catalyze the destruction of stratospheric ozone.
Stratospheric ozone, concentrated in an "ozone layer" approximately 15 miles above the earth's surface, helps shield the earth from ultra-violet radiation from the sun. Studies have shown reductions in stratospheric ozone of between 2 and 6 percent over the past 20 years. The actual rate of ozone depletion varies with latitude and season.
Increased levels of ultra-violet radiation resulting from a reduction in stratospheric ozone may affect the survival and productivity of plants and marine organisms, and could increase the risk of skin cancer and cataracts in humans. Increased ultra-violet radiation reaching the earth's surface may also suppress the human immune system.
In 1978, the U.S. Environmental Protection Agency (EPA) restricted the use of CFCs in most aerosol applications. The Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol), an international agreement signed by over 30 nations and ratified by the United States in 1988, calls for a freeze in CFC production at 1986 levels, and a 50 percent decrease in production by 1998.
EPA, under authority of the Federal Clean Air Act, has adopted rules implementing the Protocol in the United States. EPA rules limit the production and consumption of ozone depleting chemicals, by implementing an allocated quota system. EPA has not adopted rules to directly control CFC releases into the atmosphere.
SUMMARY:
The Department of Ecology shall administer a schedule to phase out or recycle chlorofluorocarbons, products which use this chemical, and other ozone-depleting chemicals.
Motor vehicle air conditioners must be serviced with equipment that is certified by the Underwriters Laboratories, Inc., or an institution determined by the Department of Ecology to be comparable in meeting the Society of Automotive Engineers' standards. The department shall establish a phased schedule for the acquisition of this type of equipment by motor vehicle repair facilities, to be completed by January 1, 1992.
After October 1, 1990, no persons may sell containers with less that 15 pounds of chlorofluorocarbon coolant unless they have warning labels indicating the product's danger to ozone in the stratosphere. After January 1, 1992, the sale of the coolant for motor vehicle air conditioners for noncommercial or nonindustrial use, or in containers smaller than 15 pounds is banned altogether.
After January 1, 1991, nonindustrial fire extinguishers (except those used by fire departments), nonindustrial cleaning sprays for electronic and photographic equipment, chlorofluorocarbon-propelled plastic party streamers, or noise horns cannot be sold or offered for sale.
After model year 1994, motor vehicles with air conditioning units using chlorofluorocarbons are not allowed to be registered in the state, or sold to a consumer or dealer in the state.
By March 1, 1991, the department shall adopt rules requiring the use of equipment that meets standards established by the Underwriters Laboratories, Inc., or a comparable institution, for the recovery and recycling of chlorofluorocarbon coolant during the servicing of building air conditioning or large refrigeration units, if that equipment is portable and suitable for those purposes.
By January 15, 1991, the department shall complete a study and report to the Legislature on the uses of ozone-depleting chemicals within the state. The department shall also report on alternatives to the use of these chemicals. Additional recommendations shall be made by January 15, 1992, to the Legislature for the retrieval, storage, and appropriate reuse of chlorofluorocarbons.
Regional agreements for elimination of ozone-depleting chemicals shall be undertaken by the Governor through negotiation with other interested states.
EFFECT OF PROPOSED SUBSTITUTE:
No motor vehicle with model year designation 1997 or thereafter may be registered or sold if it is equipped with an air conditioning unit using chlorofluorcarbons. A delay of the ban is allowed for up to one year. The appropriation is removed.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: ENVIRONMENT & NATURAL RESOURCES: Senator Talmadge, prime sponsor (pro); Bruce Wishart, Sierra Club (pro); Janice Gee, Washington Retail Association (pro); Nancy Pearson, Washington Citizens for Recycling (pro); Earl Tower, Department of Ecology (pro); Stu Clark, Department of Ecology (pro)
Senate Committee - Testified: WAYS & MEANS: Jim Austin, Auto Manufacturers' Association; Nancy Pearson, Washington Citizens for Recycling and representing Bruce Wishart, Sierra Club