CERTIFICATION
OF ENROLLMENT
SUBSTITUTE
HOUSE BILL 2338
Chapter
204, Laws of 1996
(partial
veto)
54th
Legislature
1996
Regular Session
ANHYDROUS
AMMONIA USED AS FERTILIZER--EXEMPTION FROM REGULATION
EFFECTIVE
DATE: 6/6/96
|
Passed by the House February 6, 1996
Yeas 97 Nays 0
 CLYDE BALLARD
Speaker
of the
House
of Representatives
Passed by
the Senate March 1, 1996
Yeas 47 Nays 0
|
CERTIFICATE
I, Timothy
A. Martin, Chief Clerk of the House of Representatives of the State of
Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL
2338 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
|
|
JOEL
PRITCHARD
President
of the Senate
|
 TIMOTHY
A. MARTIN
Chief
Clerk
|
|
Approved
March 28, 1996, with the exception of section 1, which is vetoed.Place Style On Codes above, and Style Off Codes below.
|
FILED
March
28, 1996 - 4:20 p.m.
|
|
|
|
|
MIKE
LOWRY
Governor
of the State of Washington
|
Secretary
of State
State
of Washington
|
_______________________________________________
SUBSTITUTE
HOUSE BILL 2338
_______________________________________________
Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/31/96.
Prohibiting the
department of ecology from regulating ammonia emissions for nonproduction
activity related to making or using ammonia as agricultural or silvicultural
fertilizer.
AN ACT Relating to
anhydrous ammonia; adding a new section 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:
(1) Anhydrous
ammonia is the most important nutrient material used for the production of
wheat and barley crops in Washington state;
(2) The federal
environmental protection agency regulates one hundred eighty-nine toxic air
pollutants;
(3) Ammonia is
not federally regulated as a toxic air pollutant;
(4) Ammonia is
regulated at the state and federal level through rules established to protect
workers from unhealthful levels of exposure to ammonia; and
(5) The
department of ecology regulates ammonia as a toxic air pollutant and uses a
threshold that is three hundred times more stringent than the standard used to
protect workers.
*Sec. 1
was vetoed. See message at end of chapter.
NEW SECTION. Sec.
2. A new section is added
to chapter 70.94 RCW to read as follows:
The department shall
not regulate ammonia emissions resulting from the storage, distribution,
transport, or application of ammonia for use as an agricultural or
silvicultural fertilizer.
Passed
the House February 6, 1996.
Passed
the Senate March 1, 1996.
Approved by the Governor March 28, 1996, with the
exception of certain items that were vetoed.
Filed in
Office of Secretary of State March 28, 1996.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 1, Substitute House Bill No. 2338
entitled:
"AN ACT Relating to anhydrous ammonia;"
Substitute House Bill No. 2338 prohibits the
Department of Ecology from regulating ammonia emissions from the storage,
distribution, transport, or application of ammonia for use as an agricultural
or silvicultural fertilizer.
Section 1 of Substitute House Bill No. 2338
contains some misleading and inaccurate statements which I cannot approve.
First, it is misleading to state, as is done in section 1, that the Department
of Ecology regulates ammonia as a toxic air pollutant by using a threshold that
is "three hundred times more stringent than the standard used to protect
workers." The Department does use a high threshold for the purpose of
screening, not regulation. As such, this threshold is used as a tool to
determine whether further evaluation is warranted.
Second, section 1 of Substitute House Bill
No. 2338 suggests that the Department has no role whatsoever in regulating
ammonia and is engaging in regulatory overkill. Clearly, where ammonia is used
in large industrial facilities or processes, the Department's oversight role is
essential for protecting public health and safety.
The intent language in section 1 of
Substitute House Bill No. 2338 is not relevant to the substance of the bill
which is contained in section 2. The Department of Ecology has not, and does
not, regulate such use of ammonia. Section 2 of Substitute House Bill No. 2338
is a reflection of existing Department of Ecology policy which I do support.
For these reasons, I have vetoed section 1 of
Substitute House Bill No. 2338.
With the exception of
section 1, Substitute House Bill No. 2338 is approved."