H-628                _______________________________________________

                                                   HOUSE BILL NO. 1830

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Phillips, Rust, D. Sommers, Sprenkle, Valle, Jacobsen, Anderson, Pruitt, Fraser, Nelson and Todd

Read first time 2/8/89 and referred to Committee on Environmental Affairs.

AN ACT Relating to waste-derived fuels burned at air contaminant sources; adding new sections to chapter 70.94 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that the quality of fuel burned at industrial facilities has a significant impact on air emissions from these facilities and a consequent impact on air quality in the state.  Since a majority of the states regulate the quality of waste-derived fuels that are used in industrial burners, Washington has become a repository for low grade fuels mixed with dangerous wastes or otherwise containing high amounts of sulfur dioxide, carbon byproducts, nitrogen compounds, and particulates.  To protect the state's air quality, the legislature intends for the department of ecology to adopt minimum state-wide standards regulating the quality of waste-derived fuels.

NEW SECTION. Sec. 2.     (1)  By January 1, 1990, the department of ecology shall adopt state-wide standards specifying the maximum contaminant levels for waste-derived fuels.  "Waste-derived fuels" shall be defined by rule by the department to include all fuels that are contaminated with a dangerous waste or exceed limits to be established by the department for the following:   (a) Ash; (b) lead; (c) arsenic; (d) cadmium; (e) chromium; (f) chlorides; (g) polychlorinated biphenyls; (h) sulfur; and (i) flash point.  These standards shall apply to all waste-derived fuels that are burned at air contaminant sources and shall be set at a level that is protective of human health and the environment.  Maximum contaminant levels for waste-derived fuels shall be no less stringent than those adopted by the environmental protection agency under the resource conservation and recovery act.  Local air authorities may adopt local standards more stringent than the state-wide standards.

          (2)  The department of ecology shall require that any person who sells waste-derived fuel report the following information to the department or local air authority on a monthly basis:

          (a) The name and address of, and the amount of waste-derived fuel delivered to, each customer;

          (b) The contaminant levels of the waste-derived fuel; and

          (c) Other pertinent information as determined by the department.

NEW SECTION. Sec. 3.     After January 1, 1990, no person shall:

          (1) Burn waste-derived fuel in an air contaminant source unless approved by the department of ecology or local air authority; or

          (2)  Sell, or make available for sale, waste-derived fuel for burning at an air contaminant source to a person who has not obtained approval as required in subsection (1) of this section.

NEW SECTION. Sec. 4.     Sections 2 and 3 of this act are each added to chapter 70.94 RCW.