HOUSE BILL REPORT

HB 414

BYRepresentatives Pruitt, Walker, Rust, Lux, Allen, Sprenkle, May, Unsoeld, Ferguson and D. Sommers 

Requiring toxic emission control plans.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Jesernig, Lux, Pruitt, Sprenkle and Unsoeld.

Minority Report:     Do not pass.  (4)

     Signed by Representatives Ferguson, May, D. Sommers and Walker.

House Staff:Susan Gulick (786-7116)

AS REPORTED BY COMMITTEE ON ENVIRONMENTAL AFFAIRS FEBRUARY 24, 1987

BACKGROUND:

The Department of Ecology (Ecology) is responsible for statewide air pollution control.  Ecology has authority to 1) enforce federal laws and regulations and 2) to adopt more stringent standards.

Toxic air pollutants are substances that may cause cancer, birth defects, or other threats to human health.  The U.S. Environmental Protection Agency (EPA) is in the process of adopting standards for toxic air pollutants but many remain undeveloped.  Current law does not specifically give Ecology the authority to require plans for 1) the prevention of accidental toxic air emissions and 2) emergency actions necessary to protect public health in the event of an accidental release.

SUMMARY:

SUBSTITUTE BILL:  The Department of Ecology (Ecology) or a local air authority may require facilities to prepare toxic emission control plans that include 1) preventive measures to avoid accidental release of toxic air contaminants and 2) plans for protecting public health in the event of an accidental release.

Ecology will adopt rules to implement this requirement.  The rules will specify a procedure for review and approval of plans.  Exemptions will be provided for a facility if there is no reasonable danger of an emergency or accidental release of air contaminants.  The plans may be prepared in coordination with plans required by federal law.  In identifying toxic air contaminants, Ecology will consider federal criteria.

For new toxic air contaminant sources that could emit either a) unusually high volumes of toxic air contaminants or b) contaminants of unusually high toxicity, Ecology is given the authority to evaluate the adequacy of safety precautions and to require modifications if unacceptable safety risks exist.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill added the following provisions:  The plans may be prepared in coordination with plans required by federal law.  In identifying toxic air contaminants, Ecology will consider federal criteria.

For new toxic air contaminant sources that could emit either a) unusually high volumes of toxic air contaminants or b) contaminants of unusually high toxicity Ecology is given the authority to evaluate the adequacy of safety precautions and to require modifications if unacceptable safety risks exist.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     American Lung Association of Washington; Puget Sound Air Pollution Control Association; Audubon Society.

House Committee - Testified Against: Northwest Pulp and Paper Association; Kaiser Aluminum; ALCOA; Shell Oil Co.

House Committee - Testimony For:     Every precaution should be taken in this state to avoid an incident similar to the Bhopal disaster.  This bill provides protection for the public, employees and emergency response teams.  There have been numerous accidents in this state and this provides the necessary provisions to prevent accidents and to respond to accidents.

House Committee - Testimony Against: This bill conflicts with similar requirements of federal laws.  It is unnecessary.  Existing requirements for industry should be examined prior to enacting new requirements.