[atlas:bill]

AN ACT Relating to persistent, bioaccumulative, toxics reduction and education; adding a new chapter to Title 70 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds and declares that:

(1) There is a need to address the potential risks posed by mercury and other persistent, bioaccumulative, toxic substances;

(2) Persistent, bioaccumulative, toxic substances are durable and break down very slowly when released into the environment;

(3) Animals and people accumulate persistent, bioaccumulative, toxic substances in their bodies, primarily from the food they eat. As these chemicals move up the food chain, they increase in concentration;

(4) The intent of this chapter is to reduce and, where feasible, eliminate the risks to human health and the environment within the state posed by mercury and persistent, bioaccumulative, toxic substances through the identification, prioritization, and management of such substances;

(5) It is necessary to establish precise, science-based criteria, and a consistent procedure for identifying and prioritizing mercury and persistent, bioaccumulative, toxic substances;

(6) It is necessary to build on existing state and federal programs that address mercury and persistent, bioaccumulative, toxic substances, to use a full range of risk management options, both regulatory and nonregulatory, and to reduce, and where feasible, eliminate potential risks posed by mercury and persistent, bioaccumulative, toxic substances;

(7) It is necessary to develop a cross-media approach for managing persistent, bioaccumulative, toxic substances because those substances move readily between air, water, and land; and

(8) To ensure progress towards reducing and, where feasible, eliminating risks posed by persistent, bioaccumulative, toxic substances it is necessary to regularly measure the results of risk management actions and, where necessary, improve risk management actions.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Bioaccumulation" means the buildup of a chemical in biological organisms compared with their surrounding physical environment. A substance bioaccumulates if: (a) Evidence that the bioconcentration factor or bioaccumulation factor in aquatic species for the chemical is greater than five thousand or, in the absence of such data, that the log kow is greater than five; (b) evidence that a chemical presents other reasons for concern, such as high bioaccumulation in other species, high toxicity, or ecotoxicity; or (c) monitoring data in biota indicating that the bioaccumulation potential of the chemical is sufficient to justify its consideration in the scope of this chapter.

(2) "Department" means the department of ecology.

(3) "Director" means the director of the department of ecology.

(4) "Persistence" means the ability of a substance to remain in the environment and is defined as: (a) Evidence that the half-life of the chemical in water is greater than two months, or that the chemical's half-life in soil is greater than six months; (b) that the chemical's half-life in sediment is greater than six months; (c) evidence that the chemical is otherwise sufficiently persistent to justify its consideration within the scope of this chapter.

(5) "Persistent, bioaccumulative, toxic substance" means a substance that concentrates primarily in water, sediment, or soil, and is not removed at a rate adequate to prevent its bioaccumulation in aquatic or terrestrial species, and is, therefore, present in the environment in toxic concentrations. A persistent, bioaccumulative, toxic substance satisfies all of these three criteria: (a) Bioaccumulation, (b) persistence, and (c) toxicity.

(6) "Persistent, bioaccumulative, toxic substance working list" means the list of substances that exhibit the characteristics of persistence, bioaccumulation, and toxicity, and pose an unreasonable risk to human health and the environment within the state.

(7) "Risk management" means activities taken to reduce or eliminate risks to human health or the environment. Risk management includes regulation as well as nonregulatory actions, such as voluntary programs or educational activities that reduce exposures.

(8) "Toxicity" means the inherent capacity of a substance to produce injury. A substance is toxic if it causes adverse effects to human health or to the environment at levels typically encountered in the environment.

NEW SECTION. Sec. 3. IDENTIFICATION AND PRIORITIZATION OF PERSISTENT, BIOACCUMULATIVE, TOXIC SUBSTANCES. (1) The department must adopt scientific criteria for determining bioaccumulation, persistence, and toxicity.

(2) The department must, using the persistent, bioaccumulative, toxic substance selection criteria developed in subsection (1) of this section, identify substances that meet the criteria for persistence, bioaccumulation, and toxicity, and that may pose an unreasonable risk to human health or the environment within the state. In determining whether a substance poses an unreasonable risk to human health or the environment, the department must apply scientifically based risk assessment techniques.

(3) The department must apply its persistent, bioaccumulative, toxic substance selection criteria and use its risk determinations described in subsection (2) of this section to establish a persistent, bioaccumulative, toxic substance working list of candidate persistent, bioaccumulative, toxic substances that the department will consider for risk management actions. The department must prioritize persistent, bioaccumulative, toxic substances on its persistent, bioaccumulative, toxic substance working list according to the potential risks to human health and the environment in the state posed by such substances, giving highest priority to persistent, bioaccumulative, toxic substances that pose the greatest potential risk. The working list does not represent any type or form of regulatory or statutory requirement, nor does it represent a ban on any chemicals or chemical groups.

(4) The department must establish by rule, a process for adding and removing substances from its persistent, bioaccumulative, toxic substance working list and for altering the priority assigned individual persistent, bioaccumulative, toxic substances.

(5) The department must use the working list to establish the priority for selecting specific persistent, bioaccumulative, toxic substances for risk management action by the state.

(6) The department must initially consider for placement on its persistent, bioaccumulative, toxic substance working list: Aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene, mercury, mirex, toxaphene, polychlorinated biphenyls, DDT, and polychlorinated dibenzo-p-dioxin and dibenzofurans. The department shall include on its persistent, bioaccumulative, toxic substance working list only those internationally recognized priority persistent, bioaccumulative, toxic substances that are present in the state's environment and pose an unreasonable risk to human health or the environment in the state.

NEW SECTION. Sec. 4. MANAGEMENT OF PERSISTENT, BIOACCUMULATIVE, TOXIC SUBSTANCES. When designing and implementing actions to manage persistent, bioaccumulative, toxic substances in order to reduce and, where feasible, eliminate risks to human health and the environment within the state, the department must use the following process:

(1) Every two years the department may select from its persistent, bioaccumulative, toxic substance working list, those substances that pose the greatest risk to human health and the environment within the state. The department must select for risk management actions the number of priority persistent, bioaccumulative, toxic substances that it has the resources and ability to fully address.

(2) The department must develop an inventory of sources, uses, stockpiles, and reservoirs of priority persistent, bioaccumulative, toxic substances selected for risk management activity. The inventories must include all sources of priority persistent, bioaccumulative, toxic substances selected for action within the state, including industrial, nonindustrial, and natural sources of selected priority persistent, bioaccumulative, toxic substances.

(3) The department must identify all regulatory and nonregulatory measures available to the department to manage selected priority persistent, bioaccumulative, toxic substances. The department must also identify federal regulatory and nonregulatory programs for managing priority persistent, bioaccumulative, toxic substances selected for action.

(4) The department must identify regulatory and nonregulatory options for managing the potential human health and environmental risks associated with exposure to priority persistent, bioaccumulative, toxic substances selected for action.

(5) The department must identify economic, environmental, and social factors associated with management options for priority persistent, bioaccumulative, toxic substances selected for action, and quantify the economic, environmental, and social impacts associated with different persistent, bioaccumulative, toxic substance management options.

(6) The department must assess the possible risks and impacts associated with different persistent, bioaccumulative, toxic substance management options. The department must consider the cost and availability of alternate products and processes and the risks posed by such alternative products and processes. The department must also consider the impact different persistent, bioaccumulative, toxic substance management options may have on waste generation and disposal capacity within the state.

(7) The department must select and implement risk management actions to reduce the potential human health and environmental risks associated with exposures to priority persistent, bioaccumulative, toxic substances selected for action. In selecting persistent, bioaccumulative, toxic substance management options, the department must analyze and consider all available approaches, including voluntary and educational programs, to manage priority persistent, bioaccumulative, toxic substances. If nonregulatory approaches are insufficient to adequately manage the risks posed by selected priority persistent, bioaccumulative, toxic substances, the department must use available rule-making authority to manage persistent, bioaccumulative, toxic substances and, to the extent necessary, adopt other necessary rules for managing persistent, bioaccumulative, toxic substances consistent with state law.

(8) Regulatory approaches for managing priority persistent, bioaccumulative, toxic substances selected for action must:

(a) Be based on best available science;

(b) Be technologically and practically feasible;

(d) Minimize socioeconomic impacts on the state and its citizens;

(e) Result in measurable benefits to human health or the environment in the state;

(f) Use a multimedia approach;

(g) Coordinate with relevant national and international efforts;

(h) Be cost-effective;

(i) Be effective and efficient for purposes of reducing risks to human health and the environment; and

(j) Reduce overall risks to human health and the environment.

(9) The department must involve stakeholders in the selection of risk management actions to reduce and, where feasible, eliminate the potential human health and environmental risks associated with exposures to priority persistent, bioaccumulative, toxic substances.

NEW SECTION. Sec. 5. MEASUREMENT AND REPORTING REQUIREMENTS. (1) Every two years the department must measure its progress towards reducing and, where feasible, eliminating risks posed by persistent, bioaccumulative, toxic substances achieved by implemented persistent, bioaccumulative, toxic substance management actions.

(2) The department must develop and implement additional or alternative persistent, bioaccumulative, toxic substance risk management actions if the department finds that existing persistent, bioaccumulative, toxic substance risk management actions are not sufficiently protective of human health or the environment, or if the department finds that existing persistent, bioaccumulative, toxic substance risk management actions no longer comply with section 4(8) of this act. Additional or alternative persistent, bioaccumulative, toxic substance risk management actions must comply with section 4 of this act.

(3) Every two years the department must update its inventory of services, uses, stockpiles, and reservoirs of priority persistent, bioaccumulative, toxic substances selected for risk management activities. The inventory updates will report on all sources of priority persistent, bioaccumulative, toxic substances selected for action including industrial, nonindustrial, and natural sources.

(4) The department must issue biennial reports to the legislature and describe the department's progress towards managing persistent, bioaccumulative, toxic substances in the state and the effectiveness of the department's persistent, bioaccumulative, toxic substance risk management activities. The biennial reports must also include the department's updated inventory of sources, uses, stockpiles, and reservoirs of priority persistent, bioaccumulative, toxic substances selected for risk management activities.

NEW SECTION. Sec. 6. The department must adopt rules to implement and enforce this chapter.

NEW SECTION. Sec. 7. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 8. This act takes effect July 1, 2002.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act constitute a new chapter in Title 70 RCW.