title: RCW 70A.35.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community scaled project" means a weatherization project that includes multiple dwelling units that are located in the same neighborhood or area where overlapping factors such as environmental, social, or economic conditions may adversely impact residents, as determined by the department.
(2) "Department" means the department of commerce.
(3) "Direct outreach" means:
(a) The use of door-to-door contact, community events, and other methods of direct interaction with customers to inform them of energy efficiency and weatherization opportunities; and
(b) The performance of energy audits.
(4) "Energy audit" means an analysis of a dwelling unit to determine the need for cost-effective energy conservation measures as determined by the department.
(5) "Healthy housing improvements" means increasing the health and safety of a home by integrating energy efficiency activities and indoor environmental quality measures, consistent with the weatherization plus health initiative of the federal department of energy and the healthy housing principles adopted by the federal department of housing and urban development.
(6) "Household" means an individual or group of individuals living in a dwelling unit as defined by the department.
(7) "Low income" means household income as defined by the department, provided that the definition may not exceed 80 percent of median household income, adjusted for household size, for the county in which the dwelling unit to be weatherized is located.
(8) "Nonutility sponsor" means any sponsor other than a public service company, municipality, public utility district, mutual or cooperative, furnishing gas or electricity used to heat low-income residences.
(9) "Residence" means a dwelling unit as defined by the department.
(10) "Sponsor" means any entity that submits a proposal under RCW 70A.35.040, including but not limited to any local community action agency, tribal nation, community service agency, or any other participating agency or any public service company, municipality, public utility district, mutual or cooperative, or any combination of such entities that jointly submits a proposal.
(11) "Sponsor match" means the share of the cost of weatherization to be paid by the sponsor.
(12) "Sustainable residential weatherization" or "weatherization" means activities that use funds administered by the department for one or more of the following: (a) Energy and resource conservation; (b) energy efficiency improvements; (c) repairs, indoor air quality improvements, and health and safety improvements; (d) client education; and (e) community scaled projects. Funds administered by the department for activities authorized under this subsection may only be used for the preservation of a dwelling unit occupied by a low-income household, except for dwelling units that are part of a community scaled project, and must, to the extent feasible, be used to support and advance sustainable technologies.
(13) "Weatherizing agency" means any approved department grantee, tribal nation, or any public service company, municipality, public utility district, mutual or cooperative, or other entity that bears the responsibility for ensuring the performance of weatherization of residences under this chapter and has been approved by the department.
[ 2026 c 94 s 1; 2020 c 20 s 1392; 2015 c 50 s 2; 2010 c 287 s 2. Prior: 2009 c 565 s 51; 2009 c 379 s 201; 1995 c 399 s 199; 1987 c 36 s 2. Formerly RCW 70.164.020.]
Notes:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 70A.35.030

text:
(1) The low-income weatherization and structural rehabilitation assistance account is created in the state treasury. All moneys from the money distributed to the state pursuant to Exxon v. United States, 561 F.Supp. 816 (1983), affirmed 773 F.2d 1240 (1985), or any other oil overcharge settlements or judgments distributed by the federal government, that are allocated to the low-income weatherization and structural rehabilitation assistance account shall be deposited in the account. The department may accept such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, and shall deposit such funds in the account. Any moneys received from sponsor match payments shall be deposited in the account. The legislature may also appropriate moneys to the account. Moneys in the account shall be spent pursuant to appropriation and only for the purposes and in the manner provided in RCW 70A.35.040. Any moneys appropriated that are not spent by the department shall return to the account.
(2) The purposes of the low-income weatherization and structural rehabilitation assistance account are to:
(a) Maximize the number of energy efficient residential structures in the state;
(b) Achieve the greatest possible expected monetary and energy savings by low-income households and other energy consumers over the longest period of time;
(c) Identify and correct, to the extent practicable, health and safety problems for residents of low-income households, including asbestos, lead, and mold hazards;
(d) Leverage the many available state and federal programs aimed at increasing the quality and energy efficiency of low-income residences in the state;
(e) Create family-wage jobs that may lead to careers in the construction trades or in the energy efficiency sectors; and
(f) Leverage, to the extent feasible, sustainable technologies, practices, and designs, including renewable energy systems.
[ 2020 c 20 s 1393; 2010 c 287 s 3; 1991 sp.s. c 13 s 62; 1987 c 36 s 3. Formerly RCW 70.164.030.]
Notes:
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Low-income weatherization and structural rehabilitation assistance account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.35.040

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall solicit proposals for low-income weatherization programs from potential sponsors. A proposal must state the amount of the sponsor match, the amount requested, the name of the weatherizing agency, and any other information required by the department.
(2)(a) A sponsor may use its own moneys, including corporate or ratepayer moneys, or moneys provided by landlords, charitable groups, government programs, the Bonneville power administration, or other sources to pay the sponsor match.
(b) Moneys provided by a sponsor pursuant to requirements in this section must be in addition to, and must not supplant any funding for, low-income weatherization that would otherwise have been provided by the sponsor or any other entity enumerated in (a) of this subsection.
(c) No proposal may require any contribution as a condition of weatherization from any household whose residence is weatherized under the proposal.
(d) A proposal must provide that full levels of all cost-effective, structurally feasible, sustainable residential weatherization materials, measures, and practices, as determined by the department, will be installed when a low-income residence is weatherized, unless the proposal is for a community scaled project.
(3) A sponsor may propose to utilize grant awards and matching funds to make healthy housing improvements to homes undergoing weatherization.
(4)(a) The department may in its discretion accept, accept in part, or reject proposals submitted.
(b) The department shall prioritize allocating funds from the low-income weatherization and structural rehabilitation assistance account to projects that maximize energy efficiency, extend the usable life of an affordable home, and improve the health and safety of its residents by: (i) Installing energy efficiency measures; and (ii) providing structural rehabilitation and repairs, so that funding from federal energy efficiency programs such as the weatherization assistance program, the weatherization plus health initiative, the energy efficiency and conservation block grant program, residential energy efficiency components of the state energy program, and the retrofit ramp-up program is distributed expeditiously.
(c) When allocating funds from the low-income weatherization and structural rehabilitation assistance account, the department shall, to the extent feasible, consider local and state benefits including pledged sponsor match, available energy efficiency, repair, and rehabilitation funds from other sources, the preservation of affordable housing, and balance of participation in proportion to population among low-income households for: (i) Geographic regions in the state; (ii) types of fuel used for heating, except that the department shall encourage the use of energy efficient sustainable technologies; (iii) owner-occupied and rental residences; and (iv) single-family and multifamily dwellings.
(d) The department shall then allocate funds appropriated from the low-income weatherization and structural rehabilitation assistance account for energy efficiency and repair activities among proposals accepted or accepted in part.
(e) The department shall develop policies to ensure prudent, cost-effective investments are made in homes and buildings requiring energy efficiency, repair, and rehabilitation improvements that will maximize energy savings, extend the life of a home, and improve the health and safety of its residents.
(f) The department shall give priority to the structural rehabilitation and weatherization of dwelling units occupied by low-income households with incomes at or below 125 percent of the federally established poverty level, unless those dwelling units are part of a community scaled project.
(g) The department may allocate funds to a nonutility sponsor without requiring a sponsor match if the department determines that such an allocation is necessary to provide the greatest benefits to low-income residents of the state.
(h) The department shall require weatherizing agencies to employ individuals trained from workforce training and apprentice programs established under chapter 536, Laws of 2009 if these workers are available, pay prevailing wages under chapter 39.12 RCW, hire from the community in which the program is located, and create employment opportunities for veterans, members of the national guard, and low-income and disadvantaged populations.
(5)(a) A sponsor may elect to: (i) Pay a sponsor match as a lump sum at the time of structural rehabilitation or weatherization; or (ii) make yearly payments to the low-income weatherization and structural rehabilitation assistance account over a period not to exceed 10 years. If a sponsor elects to make yearly payments, the value of the payments shall not be less than the value of the lump sum payment that would have been made under (a)(i) of this subsection.
(b) The department may permit a sponsor to meet its match requirement in whole or in part through providing labor, materials, or other in-kind expenditures.
(6) Service providers receiving funding under this section must report to the department at least quarterly, or in alignment with federal reporting, whichever is the greater frequency, the project costs, and the number of dwelling units repaired, rehabilitated, and weatherized, the number of jobs created or maintained, and the number of individuals trained through workforce training and apprentice programs. The director of the department shall review the accuracy of these reports.
[ 2026 c 94 s 3; 2015 c 50 s 3; 2010 c 287 s 4; 2009 c 379 s 202; 1987 c 36 s 4. Formerly RCW 70.164.040.]
Notes:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Proposals for low-income weatherization programs—Matching funds.


title: RCW 70A.35.050

text:
(1) The department is responsible for ensuring that sponsors and weatherizing agencies comply with the state laws, the department's rules, and the sponsor's proposal in carrying out proposals.
(2) Before a residence is weatherized, the department shall require that an energy audit be conducted.
(3) To the greatest extent practicable and allowable under federal rules and regulations, the department shall maximize available federal low-income home energy assistance program funding for weatherization projects.
[ 2009 c 379 s 203; 1987 c 36 s 5. Formerly RCW 70.164.050.]
Notes:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Program compliance with laws and rules—Energy audit required.


title: RCW 70A.35.060

text:
Before a leased or rented residence is weatherized, written permission shall be obtained from the owner of the residence for the weatherization. The department shall adopt rules to ensure that: (1) The benefits of weatherization assistance, including utility bill reduction and preservation of affordable housing stock, accrue primarily to low-income tenants occupying a leased or rented residence; (2) as a result of weatherization provided under this chapter, the rent on the residence is not increased and the tenant is not evicted; and (3) as a result of weatherization provided under this chapter, no undue or excessive enhancement occurs in the value of the residence. This section is in the public interest and any violation by a landlord of the rules adopted under this section shall be an act in trade or commerce violating chapter 19.86 RCW, the consumer protection act.
[ 2009 c 379 s 204; 1987 c 36 s 6. Formerly RCW 70.164.060.]
Notes:
Finding—Intent—Effective date—2009 c 379: See notes following RCW 70A.50.010.

catchline: Weatherization of leased or rented residences—Limitations.


title: RCW 70A.35.070

text:
Payments to the low-income weatherization and structural rehabilitation assistance account shall be treated, for purposes of state law, as payments for energy conservation and shall be eligible for any tax credits or deductions, equity returns, or other benefits for which conservation investments are eligible.
[ 2010 c 287 s 5; 1987 c 36 s 7. Formerly RCW 70.164.070.]

catchline: Payments to low-income weatherization and structural rehabilitation assistance account.


title: RCW 70A.35.080

text:
(1) A sponsor may submit a proposal to the department for the use of grant and matching funds for a community scaled project. The proposal may include full or partial weatherization, energy efficiency measures, or structural rehabilitation and repairs for multiple dwelling units within the same community.
(2) A sponsor must identify priority communities to be served by the community scaled project using indicators determined by the department and defined in rule. Indicators may include data reflecting environmental health disparities, housing vulnerability, and pollution exposure, among others.
(3) The department must consider publicly available socioeconomic data to prioritize community scaled project proposals that serve areas with low-income households.
(4) The department must approve or deny a proposal within 90 days of the closing of the application period in which the proposal was received.
[ 2026 c 94 s 2.]

catchline: Community scaled weatherization projects—Grants.


title: RCW 70A.35.090

text:
The department shall adopt rules to carry out this chapter. Rule making conducted under this chapter may be treated as a capital expenditure by the department.
[ 2026 c 94 s 4.]

catchline: Rule making.


title: RCW 70A.350.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "6PPD" means the chemical compound N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine.
(2) "Consumer product" means any item, including any component parts and packaging, sold for residential or commercial use.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department.
(5) "Electronic product" includes personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen that are used to access interactive software, and the peripherals associated with such products.
(6) "Inaccessible electronic component" means a part or component of an electronic product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product.
(7) "Manufacturer" means any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product or is an importer or domestic distributor of a product sold or offered for sale in or into the state.
(8)(a) "Motorized vehicle" means, for purposes of 6PPD as a priority chemical, a motorized vehicle intended for on-highway or off-highway use.
(b) "Motorized vehicle" does not include, for purposes of 6PPD as a priority chemical, the tires equipped on the vehicle nor tires sold separately for replacement purposes.
(9) "Organohalogen" means a class of chemicals that includes any chemical containing one or more halogen elements bonded to carbon.
(10) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS chemicals" means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(11) "Phenolic compounds" means alkylphenol ethoxylates and bisphenols.
(12) "Phthalates" means synthetic chemical esters of phthalic acid.
(13) "Polychlorinated biphenyls" or "PCBs" means chemical forms that consist of two benzene rings joined together and containing one to ten chlorine atoms attached to the benzene rings.
(14) "Priority chemical" means a chemical or chemical class used as, used in, or put in a consumer product including:
(a) Perfluoroalkyl and polyfluoroalkyl substances;
(b) Phthalates;
(c) Organohalogen flame retardants;
(d) Flame retardants, as identified by the department under chapter 70A.430 RCW;
(e) Phenolic compounds;
(f) Polychlorinated biphenyls;
(g) 6PPD; or
(h) A chemical identified by the department as a priority chemical under RCW 70A.350.020.
(15) "Safer alternative" means an alternative that is less hazardous to humans or the environment than the existing chemical or chemical process. A safer alternative to a particular chemical may include a chemical substitute or a change in materials or design that eliminates the need for a chemical alternative.
(16) "Sensitive population" means a category of people that is identified by the department that may be or is disproportionately or more severely affected by priority chemicals, such as:
(a) Men and women of childbearing age;
(b) Infants and children;
(c) Pregnant women;
(d) Communities that are highly impacted by toxic chemicals;
(e) Persons with occupational exposure; and
(f) The elderly.
(17) "Sensitive species" means a species or grouping of animals that is identified by the department that may be or is disproportionately or more severely affected by priority chemicals, such as:
(a) Southern resident killer whales;
(b) Salmon; and
(c) Forage fish.
[ 2024 c 343 s 2; 2020 c 20 s 1451. Prior: 2019 c 292 s 1. Formerly RCW 70.365.010.]
Notes:
Findings—Intent—2024 c 343: "(1) The legislature finds that 6PPD is a chemical commonly used in motor vehicle tires to keep them flexible and prevent them from degrading quickly. 6PPD works by moving to the surface of the tire and forming a film that protects the tire. As the film breaks down, it produces 6PPD-quinone. When it rains, tire particles containing 6PPD-quinone are washed into streams, rivers, and other water bodies through stormwater runoff.
(2) The legislature also finds that 6PPD-quinone is directly linked to urban runoff mortality syndrome, a condition where Coho salmon die prior to spawning. 6PPD-quinone is known to be toxic to aquatic species and is the primary causal toxicant for Coho salmon. In June 2023, the department of ecology identified 6PPD as a draft priority chemical under safer products for Washington, cycle 2. Additionally, 6PPD has been identified as a hazardous substance under the model toxics control act and as a chemical of concern for sensitive populations and sensitive species.
(3) The legislature finds it important to reduce sources and uses of 6PPD in Washington to protect aquatic life, particularly salmon. Since 6PPD is ubiquitous in motorized vehicle tires, the legislature intends to identify 6PPD as a priority chemical and certain motorized vehicle tires containing 6PPD as priority consumer products under safer products for Washington." [ 2024 c 343 s 1.]


title: RCW 70A.350.020

text:
Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must report to the appropriate committees of the legislature its decision to designate at least five priority chemicals that meet at least one of the following:
(1) The chemical or a member of a class of chemicals are identified by the department as a:
(a) High priority chemical of high concern for children under chapter 70A.430 RCW; or
(b) Persistent, bioaccumulative toxin under chapter 70A.300 RCW;
(2) The chemical or members of a class of chemicals are regulated:
(a) In consumer products under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW; or
(b) As a hazardous substance under chapter 70A.300 or 70A.305 RCW; or
(3) The department determines the chemical or members of a class of chemicals are a concern for sensitive populations and sensitive species after considering the following factors:
(a) A chemical's or members of a class of chemicals' hazard traits or environmental or toxicological endpoints;
(b) A chemical's or members of a class of chemicals' aggregate effects;
(c) A chemical's or members of a class of chemicals' cumulative effects with other chemicals with the same or similar hazard traits or environmental or toxicological endpoints;
(d) A chemical's or members of a class of chemicals' environmental fate;
(e) The potential for a chemical or members of a class of chemicals to degrade, form reaction products, or metabolize into another chemical or a chemical that exhibits one or more hazard traits or environmental or toxicological endpoints, or both;
(f) The potential for the chemical or class of chemicals to contribute to or cause adverse health or environmental impacts;
(g) The chemical's or class of chemicals' potential impact on sensitive populations, sensitive species, or environmentally sensitive habitats;
(h) Potential exposures to the chemical or members of a class of chemicals based on:
(i) Reliable information regarding potential exposures to the chemical or members of a class of chemicals; and
(ii) Reliable information demonstrating occurrence, or potential occurrence, of multiple exposures to the chemical or members of a class of chemicals.
[ 2020 c 20 s 1452; 2019 c 292 s 2. Formerly RCW 70.365.020.]

catchline: Report to the legislature—Priority chemicals.


title: RCW 70A.350.030

text:
(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, shall identify priority consumer products that are a significant source of or use of priority chemicals. The department must submit a report to the appropriate committees of the legislature at the time that it identifies a priority consumer product.
(2) When identifying priority consumer products under this section, the department must consider, at a minimum, the following criteria:
(a) The estimated volume of a priority chemical or priority chemicals added to, used in, or present in the consumer product;
(b) The estimated volume or number of units of the consumer product sold or present in the state;
(c) The potential for exposure to priority chemicals by sensitive populations or sensitive species when the consumer product is used, disposed of, or has decomposed;
(d) The potential for priority chemicals to be found in the outdoor environment, with priority given to surface water, groundwater, marine waters, sediments, and other ecologically sensitive areas, when the consumer product is used, disposed of, or has decomposed;
(e) If another state or nation has identified or taken regulatory action to restrict or otherwise regulate the priority chemical in the consumer product;
(f) The availability and feasibility of safer alternatives; and
(g) Whether the department has already identified the consumer product in a chemical action plan completed under chapter 70A.300 RCW as a source of a priority chemical or other reports or information gathered under chapter 70A.430, 70A.405, 70A.222, 70A.335, 70A.340, 70A.230, or 70A.400 RCW.
(3) The department is not required to give equal weight to each of the criteria in subsection (2)(a) through (g) of this section when identifying priority consumer products that use or are a significant source of priority chemicals.
(4) To assist with identifying priority consumer products under this section and making determinations as authorized under RCW 70A.350.040, the department may order a manufacturer to submit a notice to the department that contains the information specified in RCW 70A.430.060 (1) through (6) or other information relevant to subsection (2)(a) through (d) of this section. The manufacturer must provide the notice to the department no later than six months after receipt of such a demand by the department.
(5)(a) Except as provided in (b) of this subsection, the department may not identify the following as priority consumer products under this section:
(i) Plastic shipping pallets manufactured prior to 2012;
(ii) Food or beverages;
(iii) Tobacco products;
(iv) Drug or biological products regulated by the United States food and drug administration;
(v) Finished products certified or regulated by the federal aviation administration or the department of defense, or both, when used in a manner that was certified or regulated by such agencies, including parts, materials, and processes when used to manufacture or maintain such regulated or certified finished products;
(vi) Motorized vehicles, including on and off-highway vehicles, such as all-terrain vehicles, motorcycles, side-by-side vehicles, farm equipment, and personal assistive mobility devices; and
(vii) Chemical products used to produce an agricultural commodity, as defined in RCW 17.21.020.
(b) The department may identify the packaging of products listed in (a) of this subsection as priority consumer products.
(6) For an electronic product identified by the department as a priority consumer product under this section, the department may not make a regulatory determination under RCW 70A.350.040 to restrict or require the disclosure of a priority chemical in an inaccessible electronic component of the electronic product.
[ 2022 c 264 s 3; 2020 c 20 s 1453; 2019 c 292 s 3. Formerly RCW 70.365.030.]

catchline: Identification of priority consumer products—Report to the legislature—Exempt products.


title: RCW 70A.350.040

text:
(1) Every five years, and consistent with the timeline established in RCW 70A.350.050, the department, in consultation with the department of health, must determine regulatory actions to increase transparency and to reduce the use of priority chemicals in priority consumer products. The department must submit a report to the appropriate committees of the legislature at the time that it determines regulatory actions. The department may:
(a) Determine that no regulatory action is currently required;
(b) Require a manufacturer to provide notice of the use of a priority chemical or class of priority chemicals consistent with RCW 70A.430.060; or
(c) Restrict or prohibit the manufacture, wholesale, distribution, sale, retail sale, or use, or any combination thereof, of a priority chemical or class of priority chemicals in a consumer product.
(2)(a) The department may order a manufacturer to submit information consistent with RCW 70A.350.030(4).
(b) The department may require a manufacturer to provide:
(i) A list of products containing priority chemicals;
(ii) Product ingredients;
(iii) Information regarding exposure and chemical hazard; and
(iv) A description of the amount and the function of the high priority chemical in the product.
(3) The department may restrict or prohibit a priority chemical or members of a class of priority chemicals in a priority consumer product when it determines:
(a) Safer alternatives are feasible and available; and
(b)(i) The restriction will reduce a significant source of or use of a priority chemical; or
(ii) The restriction is necessary to protect the health of sensitive populations or sensitive species.
(4) When determining regulatory actions under this section, the department may consider, in addition to the criteria pertaining to the selection of priority chemicals and priority consumer products that are specified in RCW 70A.350.020 and 70A.350.030, whether:
(a) The priority chemical or members of a class of priority chemicals are functionally necessary in the priority consumer product; and
(b) A restriction would be consistent with regulatory actions taken by another state or nation on a priority chemical or members of a class of priority chemicals in a product.
(5) A restriction or prohibition on a priority chemical in a consumer product may include exemptions or exceptions, including exemptions to address existing stock of a product in commerce at the time that a restriction takes effect.
[ 2020 c 20 s 1454; 2019 c 292 s 4. Formerly RCW 70.365.040.]

catchline: Regulatory actions—Report to the legislature—Authority to restrict or prohibit priority chemicals.


title: RCW 70A.350.050

text:
(1)(a) By June 1, 2020, and consistent with RCW 70A.350.030, the department shall identify priority consumer products that are a significant source of or use of priority chemicals specified in RCW 70A.350.010(14) (a) through (f).
(b) By June 1, 2022, and consistent with RCW 70A.350.040, the department must determine regulatory actions regarding the priority chemicals and priority consumer products identified in (a) of this subsection. The deadline of June 1, 2022, does not apply to the priority consumer products identified in RCW 70A.350.090.
(c) By June 1, 2023, the department must adopt rules to implement regulatory actions determined under (b) of this subsection.
(2)(a) By June 1, 2024, and every five years thereafter, the department shall select at least five priority chemicals specified in RCW 70A.350.010(14) (a) through (h) that are identified consistent with RCW 70A.350.020.
(b) By June 1, 2025, and every five years thereafter, the department must identify priority consumer products that contain any new priority chemicals after notifying the appropriate committees of the legislature, consistent with RCW 70A.350.030.
(c) By June 1, 2027, and every five years thereafter, the department must determine regulatory actions for any priority chemicals in priority consumer products identified under (b) of this subsection, consistent with RCW 70A.350.040.
(d) By June 1, 2028, and every five years thereafter, the department must adopt rules to implement regulatory actions identified under (c) of this subsection.
(3)(a) The designation of priority chemicals by the department does not take effect until the adjournment of the regular legislative session immediately following the identification of chemicals, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the list of priority chemicals to be considered by the department.
(b) The designation of priority consumer products by the department does not take effect until the adjournment of the regular legislative session immediately following the identification of priority consumer products, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the list of priority consumer products to be considered by the department.
(c) The determination of regulatory actions by the department does not take effect until the adjournment of the regular legislative session immediately following the determination by the department, in order to allow an opportunity for the legislature to add to, limit, or otherwise amend the regulatory determinations by the department.
(d) Nothing in this subsection (3) limits the authority of the department to:
(i) Begin to identify priority consumer products for a priority chemical prior to the effective date of the designation of a priority chemical;
(ii) Begin to consider possible regulatory actions prior to the effective date of the designation of a priority consumer product; or
(iii) Initiate a rule-making process prior to the effective date of a determination of a regulatory action.
(4)(a) When identifying priority chemicals and priority consumer products under this chapter, the department must notify the public of the selection, including the identification of the peer-reviewed science and other sources of information that the department relied upon, the basis for the selection, and a draft schedule for making determinations. The notice must be published in the Washington State Register. The department shall provide the public with an opportunity for review and comment on the regulatory determinations.
(b)(i) By June 1, 2020, the department must create a stakeholder advisory process to provide expertise, input, and a review of the department's rationale for identifying priority chemicals and priority consumer products and proposed regulatory determinations. The input received from a stakeholder process must be considered and addressed when adopting rules.
(ii) The stakeholder process must include, but is not limited to, representatives from: Large and small business sectors; community, environmental, and public health advocacy groups; local governments; affected and interested businesses; an expert in scientific data analysis; and public health agencies.
[ 2024 c 343 s 3; 2022 c 264 s 2; 2020 c 20 s 1455; 2019 c 292 s 5. Formerly RCW 70.365.050.]
Notes:
Findings—Intent—2024 c 343: See note following RCW 70A.350.010.

catchline: Identification of priority consumer products—Regulatory actions—Rules—Public notice.


title: RCW 70A.350.060

text:
(1) A manufacturer that submits information or records to the department under this chapter may request that the information or records be made available only for the confidential use of the department, the director, or the appropriate division of the department. The director shall give consideration to the request and if this action is not detrimental to the public interest and is otherwise within accord with the policies and purposes of chapter 43.21A RCW, the director must grant the request for the information to remain confidential as authorized in RCW 43.21A.160. Under the procedures established under RCW 43.21A.160, the director must keep confidential any records furnished by a manufacturer under this chapter that relate to proprietary manufacturing processes or chemical formulations used in products or processes.
(2) For records or other information furnished to the department by a federal agency on the condition that the information be afforded the same confidentiality protections as under federal law, the director may determine that the information or records be available only for the confidential use of the director, the department, or the appropriate division of the department. All such records and information are exempt from public disclosure. The director is authorized to enter into an agreement with the federal agency furnishing the records or information to ensure the confidentiality of the records or information.
[ 2019 c 292 s 6. Formerly RCW 70.365.060.]

catchline: Confidentiality of information and records.


title: RCW 70A.350.070

text:
(1) A manufacturer violating a requirement of this chapter, a rule adopted under this chapter, or an order issued under this chapter, is subject to a civil penalty not to exceed five thousand dollars for each violation in the case of a first offense. Manufacturers who are repeat violators are subject to a civil penalty not to exceed ten thousand dollars for each repeat offense.
(2) Any penalty provided for in this section, and any order issued by the department under this chapter, may be appealed to the pollution control hearings board.
(3) All penalties collected under this chapter shall be deposited in the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 s 1456; 2019 c 292 s 7. Formerly RCW 70.365.070.]

catchline: Penalty.


title: RCW 70A.350.080

text:
(1) The department may adopt rules as necessary for the purpose of implementing, administering, and enforcing this chapter.
(2)(a) The department must adopt rules to implement the determinations of regulatory actions specified in RCW 70A.350.040(1) (b) or (c). When proposing or adopting rules to implement regulatory determinations specified in this subsection, the department must identify the expected costs and benefits of the proposed or adopted rules to state agencies to administer and enforce the rules and to private persons or businesses, by category of type of person or business affected.
(b) A rule adopted to implement a regulatory determination involving a restriction on the manufacture, wholesale, distribution, sale, retail sale, or use of a priority consumer product containing a priority chemical may take effect no sooner than three hundred sixty-five days after the adoption of the rule.
(c) Each rule adopted to implement a determination of regulatory action specified in RCW 70A.350.040(1) (b) or (c) is a significant legislative rule for purposes of RCW 34.05.328. The department must prepare a small business economic impact statement consistent with the requirements of RCW 19.85.040 for each rule to implement a determination of a regulatory action specified in RCW 70A.350.040(1) (b) or (c).
[ 2020 c 20 s 1457; 2019 c 292 s 8. Formerly RCW 70.365.080.]

catchline: Adoption of rules.


title: RCW 70A.350.090

text:
(1) For purposes of the regulatory process established in this chapter, the department may consider any product identified in the department's final PFAS chemical action plan dated November 2021 as a source of or use of PFAS chemicals to be a priority consumer product under this chapter. No additional action, including publication in the Washington State Register, is required for the department to designate such a product as a priority consumer product for purposes of this chapter. For such products, the department may, under the process established in RCW 70A.350.040, determine regulatory actions and adopt rules to implement those regulatory determinations.
(2) Firefighting personal protective equipment, as defined in RCW 70A.400.005, is established as a priority consumer product for PFAS chemicals.
(3) For the products identified in this section, the department is directed to:
(a) Determine an initial set of regulatory actions under this chapter by June 1, 2024; and
(b) Adopt rules to implement the initial set of determinations of regulatory actions under (a) of this subsection by December 1, 2025.
[ 2022 c 264 s 1.]

catchline: PFAS chemicals.


title: RCW 70A.350.100

text:
(1) The department must petition the United States environmental protection agency to reassess its regulations on excluded manufacturing processes from prohibitions on manufacturing, processing, distribution in commerce, and use of PCBs and PCB items under 40 C.F.R. Sec. 761.3 for the purpose of eliminating or reducing the presence of PCBs in consumer products.
(2) In petitioning the United States environmental protection agency, the department must include legislative findings in section 1, chapter 399, Laws of 2023 and information on:
(a) Health effects of PCBs;
(b) Release and exposure of PCBs including, but not limited to, concentrations of PCBs measured in consumer products and in state waters, soils, and fish tissue;
(c) Safer alternatives for consumer products that contain PCBs, including the availability and feasibility of alternatives; and
(d) Other relevant data or findings as determined by the department.
(3) The department is not required to generate new data and may use previously compiled data and findings developed in the performance of duties under this section.
(4) The department may consult with the department of health and other relevant state agencies in developing the petition under this section.
(5) To the extent practicable, the department must seek completion of the petition review by January 1, 2025.
[ 2023 c 399 s 2.]
Notes:
Findings—Intent—2023 c 399: "(1) The legislature finds that polychlorinated biphenyls, or PCBs, are a hazardous chemical class that have been identified as carcinogenic, a developmental toxicant, toxic to aquatic organisms, and persistent and bioaccumulative. According to the United States environmental protection agency, PCBs are probable human carcinogens and may have serious and potential effects on the immune system, reproductive system, nervous system, and endocrine system.
(2) Humans and other organisms can be exposed to PCBs in a number of ways. PCBs can be released into the environment from hazardous waste sites, illegal dumping, or disposal of PCB wastes or PCB-containing products in areas or landfills not designed to handle hazardous waste, leaks, or releases from electrical transformers containing PCBs, and wastewater discharges. Once PCBs are released, the chemicals do not readily break down in the environment and can cycle for long periods between air, water, and soil. PCBs can accumulate in leaves and above-ground parts of plants and food crops, and they are also taken up into the bodies of small organisms and fish, resulting in potential exposure for people and organisms that ingest the fish.
(3) In 1979, the United States banned the production of PCBs under the toxic substances control act. However, the United States environmental protection agency's regulations implementing the toxic substances control act for PCBs allow some inadvertent generation of PCBs to occur in excluded manufacturing processes. These manufacturing by-product PCBs have been identified in wastewater, sediments, and air in numerous locations and have been positively identified in the testing of new products.
(4) The legislature finds that the state has done much to address PCB contamination, including cleanup, permitting, stormwater management, and fish advisories. In addition, the United States environmental protection agency, Washington state, and the Spokane tribe of Indians have established PCB water quality standards to protect human health and the environment. These standards are critical for addressing release and exposure from legacy and nonlegacy PCBs. However, the standards cannot be achieved with currently available water treatment technology if the waste stream continues to include new sources of PCBs allowable under the toxic substances control act at levels measured in products such as paints, inks, and pigments that are billions of times higher than applicable water quality standards. While the United States environmental protection agency has restored a human health criteria standard of seven parts per quadrillion in Washington waters, the toxic substances control act limit for PCBs in products is an annual average of 25 parts per million, with a maximum 50 parts per million adjusted total PCBs. Therefore, the legislature finds that nonlegacy PCB contamination may most effectively be managed upstream at the product and process source as opposed to downstream facilities at the end of the product life cycle. The toxic substances control act standard for inadvertent PCBs does not reflect current science on limits needed to protect human health and the environment and is overdue for revision.
(5) While previous industry analysis of toxic substances control act rule making has asserted negative impacts and infeasibility in disallowing by-product PCBs, the legislature finds that safer, feasible, and available alternatives to PCB-containing paints and printing inks now exist, as determined by the department in its June 2022 Safer Products for Washington report. Moreover, since safer and available products and processes to produce paints and printing inks do exist, the legislature finds that use of manufacturing processes resulting in products with PCB by-products is not inadvertent, but intentional, and constitutes a use of the chemical within the product.
(6) Therefore, the legislature intends to direct the department of ecology to petition the United States environmental protection agency to reassess its PCB regulations under the toxic substances control act." [ 2023 c 399 s 1.]

catchline: Eliminating or reducing PCBs in consumer products—Department must petition United States environmental protection agency to reassess certain regulations.


title: RCW 70A.350.110

text:
For the purposes of the regulatory process established in this chapter, a motorized vehicle tire containing 6PPD that is equipped on or intended to be installed as a replacement tire on a motorized vehicle for on-highway use is a priority consumer product. For these priority products, the department must determine regulatory actions and adopt rules to implement those regulatory determinations consistent with the process established in RCW 70A.350.040 and 70A.350.050. In determining regulatory actions under this section, the department must specifically consider the effect of the regulatory actions on driver and passenger safety.
[ 2024 c 343 s 4.]
Notes:
Findings—Intent—2024 c 343: See note following RCW 70A.350.010.

catchline: Motor vehicle tire containing 6PPD.


title: RCW 70A.350.120

text:
(1) For the purposes of the regulatory process established in this chapter, cookware containing lead is a priority consumer product. The department must evaluate lead in cookware as a priority product beginning with the June 1, 2029, review cycle established under RCW 70A.350.050(2)(b). For this priority product, the department must determine regulatory actions by June 1, 2032, and adopt rules to implement those regulatory determinations by June 1, 2033, consistent with the process established in RCW 70A.350.040 and 70A.350.050. In determining regulatory actions under this section, the department must:
(a) Adopt a lead limit of either 20 parts per million or the lowest lead limit that is feasible and available based on data obtained during the review;
(b) Consider to the extent feasible, the entire life of the cookware product, including when surfaces become damaged, scratched, or heavily used. The department may also consider end-of-life management and recyclability of the product; and
(c) Adopt, as appropriate, discrete exemptions from restrictions under this section applicable to categories of cookware, such as noncooking surfaces, for which it is not feasible to comply with the requirements of this section or the 20 parts per million limit established in chapter 70A.565 RCW that takes effect January 1, 2034.
(2) The department may not, under subsection (1) of this section, adopt a restriction on aluminum or brass pots or pans or aluminum or brass pot or pan components at a level that is higher than 20 parts per million.
(3) The department must order cookware manufacturers to provide data regarding lead levels in their products, in accordance with RCW 70A.350.040(2), and to the extent practicable, make the data publicly available. Manufacturers that fail to comply with an order to provide data are subject to penalties pursuant to RCW 70A.350.070. In assessing a penalty, the department must consider each product covered by an order as a separate offense.
(4) For purposes of this section, "cookware" also includes cookware components and utensils.
[ 2026 c 110 s 4.]

catchline: Lead in cookware.


title: RCW 70A.350.900

text:
This act may be known and cited as the pollution prevention for healthy people and Puget Sound act.
[ 2019 c 292 s 14. Formerly RCW 70.365.900.]

catchline: Short title—2019 c 292.


title: RCW 70A.355.005

text:
The legislature finds that leaking underground storage tanks containing petroleum and other regulated substances pose a serious threat to human health and the environment. To address this threat, the legislature intends for the department of ecology to establish an underground storage tank program designed, operated, and enforced in a manner that, at a minimum, meets the requirements for delegation of the federal underground storage tank program of the resource conservation and recovery act of 1976, as amended (42 U.S.C. Sec. 6901, et seq.). The legislature intends that statewide requirements for underground storage tanks adopted by the department be consistent with and no less stringent than the requirements in the federal regulations and the underground storage tank compliance act of 2005 (42 U.S.C. Sec. 15801 et seq., energy policy act of 2005, P.L. 109-58, Title XV, subtitle B).
The legislature further finds that certain areas of the state possess physical characteristics that make them especially vulnerable to threats from leaking underground storage tanks and that in these environmentally sensitive areas, local requirements more stringent than the statewide requirements may apply.
[ 2007 c 147 s 1; 1989 c 346 s 1. Formerly RCW 90.76.005.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Findings—Intent.


title: RCW 70A.355.010

text:
(1) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(a) "Department" means the department of ecology.
(b) "Director" means the director of the department.
(c) "Facility compliance tag" means a marker, constructed of metal, plastic, or other durable material, that clearly identifies all qualifying underground storage tanks on the particular site for which it is issued.
(d) "Federal act" means the federal resource conservation and recovery act, as amended (42 U.S.C. Sec. 6901, et seq.).
(e) "Federal regulations" means the underground storage tanks regulations (40 C.F.R. Secs. 280 and 281) adopted by the United States environmental protection agency under the federal act.
(f) "License" means the business license underground storage tank endorsement issued by the department of revenue under chapter 19.02 RCW.
(g) "Underground storage tank compliance act of 2005" means Title XV and subtitle B of P.L. 109-58 (42 U.S.C. Sec. 15801 et seq.) which have amended the federal resource conservation and recovery act's subtitle I.
(h) "Underground storage tank system" means an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
(2) Except as provided in this section and any rules adopted by the department under this chapter, the definitions contained in the federal regulations apply to the terms in this chapter.
[ 2013 c 144 s 53; 2011 c 298 s 39; 2007 c 147 s 2; 1998 c 155 s 1; 1989 c 346 s 2. Formerly RCW 90.76.010.]
Notes:
Sunset Act application: See note following chapter digest.
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.

catchline: Definitions.


title: RCW 70A.355.020

text:
(1) The department must adopt rules establishing requirements for all underground storage tanks that are regulated under the federal act, taking into account the various classes or categories of tanks to be regulated. The rules must be consistent with and no less stringent than the federal regulations and the underground storage tank compliance act of 2005 and consist of requirements for the following:
(a) New underground storage tank system design, construction, installation, and notification;
(b) Upgrading existing underground storage tank systems;
(c) General operating requirements;
(d) Release detection;
(e) Release reporting;
(f) Out-of-service underground storage tank systems and closure;
(g) Financial responsibility for underground storage tanks containing regulated substances; and
(h) Groundwater protection measures, including secondary containment and monitoring for installation or replacement of all underground storage tank systems or components, such as tanks and piping, installed after July 1, 2007, and under dispenser spill containment for installation or replacement of all dispenser systems installed after July 1, 2007.
(2) The department must adopt rules:
(a) Establishing physical site criteria to be used in designating local environmentally sensitive areas;
(b) Establishing procedures for local government application for this designation; and
(c) Establishing procedures for local government adoption and department approval of rules more stringent than the statewide standards in these designated areas.
(3) The department must establish by rule an administrative and enforcement program that is consistent with and no less stringent than the program required under the federal regulations in the areas of:
(a) Compliance monitoring, including procedures for recordkeeping and a program for systematic inspections;
(b) Enforcement;
(c) Public participation;
(d) Information sharing;
(e) Owner and operator training; and
(f) Delivery prohibition for underground storage tank systems or facilities that are determined by the department to be ineligible to receive regulated substances.
(4) The department must establish a program that provides for the annual licensing of underground storage tanks. The license must take the form of a tank endorsement on the facility's annual business license issued by the department of revenue under chapter 19.02 RCW. A tank is not eligible for a license unless the owner or operator can demonstrate compliance with the requirements of this chapter and the annual tank fees have been remitted. The department may revoke a tank license if a facility is not in compliance with this chapter, or any rules adopted under this chapter. The business license must be displayed by the tank owner or operator in a location clearly identifiable.
(5)(a) The department must issue a one-time "facility compliance tag" to underground storage tank facilities that have installed the equipment required to meet corrosion protection, spill prevention, overfill prevention, leak detection standards, have demonstrated financial responsibility, and have paid annual tank fees. The facility must continue to maintain compliance with corrosion protection, spill prevention, overfill prevention, and leak detection standards, financial responsibility, and have remitted annual tank fees to display a facility compliance tag. The facility compliance tag must be displayed on or near the fire emergency shutoff device, or in the absence of such a device in close proximity to the fill pipes and clearly identifiable to persons delivering regulated substance to underground storage tanks.
(b) The department may revoke a facility compliance tag if a facility is not in compliance with the requirements of this chapter, or any rules adopted under this chapter.
(6) The department may place a red tag on a tank at a facility if the department determines that the owner or operator is not in compliance with this chapter or the rules adopted under this chapter regarding the compliance requirements related to that tank. Removal of a red tag without authorization from the department is a violation of this chapter.
(7) The department may establish programs to certify persons who install or decommission underground storage tank systems or conduct inspections, testing, closure, cathodic protection, interior tank lining, corrective action, site assessments, or other activities required under this chapter. Certification programs must be designed to ensure that each certification will be effective in all jurisdictions of the state.
(8) When adopting rules under this chapter, the department must consult with the state building code council to ensure coordination with the building and fire codes adopted under chapter 19.27 RCW.
[ 2013 c 144 s 54; 2011 c 298 s 40; 2007 c 147 s 3; 1998 c 155 s 2; 1989 c 346 s 3. Formerly RCW 90.76.020.]
Notes:
Sunset Act application: See note following chapter digest.
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.

catchline: Department's powers and duties—Rule-making authority.


title: RCW 70A.355.030

text:
(1) A city, town, or county may apply to the department to have an area within its jurisdictional boundaries designated an environmentally sensitive area. A city, town, or county may submit a joint application with any other city, town, or county for joint administration under chapter 39.34 RCW of a single environmentally sensitive area located in both jurisdictions.
(2) A city, town, or county may adopt proposed ordinances or resolutions establishing requirements for underground storage tanks located within an environmentally sensitive area that are more stringent than the statewide standards established under RCW 70A.355.020. Proposed local ordinances and resolutions shall only apply to new underground storage tank installations. The local government adopting the ordinances and resolutions shall submit them to the department for approval. Disapproved ordinances and resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department.
(3) The department shall approve or disapprove each proposed local ordinance or resolution based on the following criteria:
(a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the department; and
(b) The proposed local regulations are reasonably consistent with previously approved local regulations for similar environmentally sensitive areas.
(4) A city, town, or county for which a proposed local ordinance or resolution establishing more stringent requirements is approved by the department may establish local tank fees that meet the requirements of RCW 70A.355.080, if such fees are necessary for enhanced program administration or enforcement.
[ 2020 c 20 s 1510; 1998 c 155 s 3; 1989 c 346 s 5. Formerly RCW 90.76.040.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Environmentally sensitive areas.


title: RCW 70A.355.040

text:
(1) A person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to underground storage tanks or facilities that do not have a facility compliance tag displayed as required in RCW 70A.355.020(5)(a). Additionally, a person delivering regulated substances to underground storage tanks shall not deliver or deposit regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 70A.355.020(6).
(2) An owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to that underground storage tank system or facility, if the system does not have a facility compliance tag displayed as required in RCW 70A.355.020(5)(a). Additionally, an owner or operator of an underground storage tank system or facility shall not accept delivery or deposit of regulated substances to an individual underground storage tank on which the department has placed a red tag under RCW 70A.355.020(6).
(3) A supplier shall not refuse to deliver regulated substances to an underground storage tank regulated under this chapter on the basis of its potential to leak contents where the facility displays a valid facility compliance tag as required in this chapter, and the department has not placed a red tag on the underground storage tank. This section does not apply to a supplier who does not directly transfer a regulated substance into an underground storage tank.
[ 2020 c 20 s 1511; 2007 c 147 s 4; 1998 c 155 s 4; 1989 c 346 s 6. Formerly RCW 90.76.050.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Delivery of regulated substances.


title: RCW 70A.355.050

text:
(1) If necessary to determine compliance with the requirements of this chapter, an authorized representative of the state engaged in compliance inspections, monitoring, and testing may, by request, require an owner or operator to submit relevant information or documents. The department may subpoena witnesses, documents, and other relevant information that the department deems necessary. In the case of any refusal to obey the subpoena, the superior court for any county in which the person is found, resides, or transacts business has jurisdiction to issue an order requiring the person to appear before the department and give testimony or produce documents. Any failure to obey the order of the court may be punished by the court as contempt.
(2) Any authorized representative of the state may require an owner or operator to conduct monitoring or testing.
(3) Upon reasonable notice, an authorized representative of the state may enter a premises or site subject to regulation under this chapter or in which records relevant to the operation of an underground storage tank system are kept. In the event of an emergency or in circumstances where notice would undermine the effectiveness of an inspection, notice is not required. The authorized representative may copy these records, obtain samples of regulated substances, and inspect or conduct monitoring or testing of an underground storage tank system.
(4) For purposes of this section, the term "authorized representative" or "authorized representative of the state" means an enforcement officer, employee, or representative of the department.
[ 1998 c 155 s 5; 1989 c 346 s 7. Formerly RCW 90.76.060.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Investigation and access.


title: RCW 70A.355.060

text:
The director may seek appropriate injunctive or other judicial relief by filing an action in Thurston county superior court or issue such order as the director deems appropriate to:
(1) Enjoin any threatened or continuing violation of this chapter or rules adopted under this chapter;
(2) Restrain immediately and effectively a person from engaging in unauthorized activity that results in a violation of any requirement of this chapter or rules adopted under this chapter and is endangering or causing damage to public health or the environment;
(3) Require compliance with requests for information, access, testing, or monitoring under RCW 70A.355.050; or
(4) Assess and recover civil penalties authorized under RCW 70A.355.070.
[ 2020 c 20 s 1512; 2007 c 147 s 5; 1989 c 346 s 8. Formerly RCW 90.76.070.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Enforcement.


title: RCW 70A.355.070

text:
(1) A person who fails to notify the department pursuant to tank notification requirements or who submits false information is subject to a civil penalty not to exceed five thousand dollars per violation.
(2) A person who violates this chapter or rules adopted under this chapter is subject to a civil penalty not to exceed five thousand dollars for each tank per day of violation.
(3) A person incurring a penalty under this chapter or rules adopted under this chapter may apply to the department in writing for the remission or mitigation of the penalty as set out in RCW 43.21B.300. A person also may appeal a penalty directly to the pollution control hearings board in accordance with RCW 43.21B.300.
[ 2007 c 147 s 6; 1995 c 403 s 639; 1989 c 346 s 9. Formerly RCW 90.76.080.]
Notes:
Sunset Act application: See note following chapter digest.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Penalties.


title: RCW 70A.355.080

text:
(1) An annual tank fee of one hundred twenty dollars per tank is effective July 1, 2007, to June 30, 2008. An annual tank fee of one hundred forty dollars per tank is effective from July 1, 2008, to June 30, 2009. Effective July 1, 2009, the annual tank fee will increase up to one hundred sixty dollars per tank unless the department has received sufficient additional federal grant funding to offset the increased cost of implementation of the underground storage tank compliance act of 2005 (Title XV, Subtitle B of the energy policy act of 2005). Annually, beginning on July 1, 2010, and upon a finding by the department that a fee increase is necessary, the previous tank fee amount may be increased up to the fiscal growth factor for the next year. The fiscal growth factor is calculated by the office of financial management under RCW 43.135.025 for the upcoming biennium. The department shall use the fiscal growth factor to calculate the fee for the next year and shall publish the new fee by March 1st before the year for which the new fee is effective. The new tank fee is effective from July 1st to June 30th of every year. The tank fee shall be paid by every person who:
(a) Owns an underground storage tank located in this state; and
(b) Was required to provide notification to the department under the federal act.
This fee is not required of persons who have (i) permanently closed their tanks, and (ii) if required, have completed corrective action in accordance with the rules adopted under this chapter.
(2) The department may authorize the imposition of additional annual local tank fees in environmentally sensitive areas designated under RCW 70A.355.030. Annual local tank fees may not exceed fifty percent of the annual state tank fee.
(3) State and local tank fees collected under this section shall be deposited in the account established under RCW 70A.355.090.
(4) Other than the annual local tank fee authorized for environmentally sensitive areas, no local government may levy an annual tank fee on the ownership or operation of an underground storage tank.
[ 2020 c 20 s 1513; 2007 c 147 s 7; 1998 c 155 s 6; 1989 c 346 s 10. Formerly RCW 90.76.090.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Annual tank fee.


title: RCW 70A.355.090

text:
The underground storage tank account is created in the state treasury. Money in the account may only be spent, subject to legislative appropriation, for the administration and enforcement of the underground storage tank program established under this chapter. The account shall contain:
(1) All fees collected under RCW 70A.355.080; and
(2) All fines or penalties collected under RCW 70A.355.070.
[ 2020 c 20 s 1514; 1991 sp.s. c 13 s 72; 1989 c 346 s 11. Formerly RCW 90.76.100.]
Notes:
Sunset Act application: See note following chapter digest.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Underground storage tank account.


title: RCW 70A.355.100

text:
(1) Except as provided in RCW 70A.355.030 and subsections (2), (3), (4), and (5) of this section, the rules adopted under this chapter supersede and preempt any state or local underground storage tank law, ordinance, or resolution governing any aspect of regulation covered by the rules adopted under this chapter.
(2) Provisions of the international fire code adopted under chapter 19.27 RCW, which are not more stringent than, and do not directly conflict with, rules adopted under this chapter are not superseded or preempted.
(3) Local laws, ordinances, and resolutions pertaining to local authority to take immediate action in response to a release of a regulated substance are not superseded or preempted.
(4) City, town, or county underground storage tank ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27 RCW and that were in effect on or before November 1, 1988, are not superseded or preempted.
(5) Local laws, ordinances, and resolutions pertaining to permits and fees for the use of underground storage tanks in street right-of-ways [rights-of-way] that were in existence prior to July 1, 1990, are not superseded or preempted.
[ 2020 c 20 s 1515; 2007 c 147 s 8; 1991 c 83 s 1; 1989 c 346 s 12. Formerly RCW 90.76.110.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Preemption.


title: RCW 70A.355.900

text:
Section headings used in this chapter do not constitute any part of the law.
[ 1989 c 346 s 15. Formerly RCW 90.76.900.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Captions not law.


title: RCW 70A.355.901

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1989 c 346 s 14. Formerly RCW 90.76.901.]
Notes:
Sunset Act application: See note following chapter digest.

catchline: Severability—1989 c 346.


title: RCW 70A.355.902

text:
(1) Except as provided in subsection (2) of this section, RCW 70A.355.040, 70A.355.100, and 19.27.080 take effect on July 1, 1990.
(2) This section shall apply only if this act becomes effective as provided under *section 20(2) of this act.
[ 2020 c 20 s 1516; 1989 c 346 s 18. Formerly RCW 90.76.902.]
Notes:
*Reviser's note: Section 20(2) is an uncodified section that made a state reinsurance program for owners and operators of underground storage tanks a prerequisite to 1989 c 346 taking effect. 1989 c 383 created such a program.
Sunset Act application: See note following chapter digest.

catchline: Effective date—1989 c 346.


title: RCW 70A.380.010

text:
The Northwest Interstate Compact on Low-Level Radioactive Waste Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the compact in accordance with the terms of the compact.
NORTHWEST INTERSTATE COMPACT ON
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that low-level radioactive wastes are generated by essential activities and services that benefit the citizens of the states. It is further recognized that the protection of the health and safety of the citizens of the party states and the most economical management of low-level radioactive wastes can be accomplished through cooperation of the states in minimizing the amount of handling and transportation required to dispose of such wastes and through the cooperation of the states in providing facilities that serve the region. It is the policy of the party states to undertake the necessary cooperation to protect the health and safety of the citizens of the party states and to provide for the most economical management of low-level radioactive wastes on a continuing basis. It is the purpose of this compact to provide the means for such a cooperative effort among the party states so that the protection of the citizens of the states and the maintenance of the viability of the states' economies will be enhanced while sharing the responsibilities of radioactive low-level waste management.
ARTICLE II—Definitions
As used in this compact:
(1) "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low-level waste, excluding federal waste facilities;
(2) "Low-level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than ten nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level waste or waste which is unsuited for disposal by near-surface burial under any applicable federal regulations;
(3) "Generator" means any person, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low-level radioactive waste;
(4) "Host state" means a state in which a facility is located.
ARTICLE III—Regulatory Practices
Each party state hereby agrees to adopt practices which will require low-level waste shipments originating within its borders and destined for a facility within another party state to conform to the applicable packaging and transportation requirements and regulations of the host state. Such practices shall include:
(1) Maintaining an inventory of all generators within the state that have shipped or expect to ship low-level waste to facilities in another party state;
(2) Periodic unannounced inspection of the premises of such generators and the waste management activities thereon;
(3) Authorization of the containers in which such waste may be shipped, and a requirement that generators use only that type of container authorized by the state;
(4) Assurance that inspections of the carriers which transport such waste are conducted by proper authorities, and appropriate enforcement action taken for violations;
(5) After receiving notification from a host state that a generator within the party state is in violation of applicable packaging or transportation standards, the party state will take appropriate action to assure that such violations do not recur. Such action may include inspection of every individual low-level waste shipment by that generator.
Each party state may impose fees upon generators and shippers to recover the cost of the inspections and other practices under this Article. Nothing in this Article shall be construed to limit any party state's authority to impose additional or more stringent standards on generators or carriers than those required under this Article.
ARTICLE IV—Regional Facilities
Section 1. Facilities located in any party state, other than facilities established or maintained by individual low-level waste generators for the management of their own low-level waste, shall accept low-level waste generated in any party state if such waste has been packaged and transported according to applicable laws and regulations.
Section 2. No facility located in any party state may accept low-level waste generated outside of the region comprised of the party states, except as provided in Article V.
Section 3. Until such time as Section 2 takes effect as provided in Article VI, facilities located in any party state may accept low-level waste generated outside of any of the party states only if such waste is accompanied by a certificate of compliance issued by an official of the state in which such waste shipment originated. Such certificate shall be in such form as may be required by the host state, and shall contain at least the following:
(1) The generator's name and address;
(2) A description of the contents of the low-level waste container;
(3) A statement that the low-level waste being shipped has been inspected by the official who issued the certificate or by his agent or by a representative of the United States Nuclear Regulatory Commission, and found to have been packaged in compliance with applicable federal regulations and such additional requirements as may be imposed by the host state;
(4) A binding agreement by the state of origin to reimburse any party state for any liability or expense incurred as a result of an accidental release of such waste during shipment or after such waste reaches the facility.
Section 4. Each party state shall cooperate with the other party states in determining the appropriate site of any facility that might be required within the region comprised of the party states, in order to maximize public health and safety while minimizing the use of any one party state as the host of such facilities on a permanent basis. Each party state further agrees that decisions regarding low-level waste management facilities in their region will be reached through a good faith process which takes into account the burdens borne by each of the party states as well as the benefits each has received.
Section 5. The party states recognize that the issue of hazardous chemical waste management is similar in many respects to that of low-level waste management. Therefore, in consideration of the state of Washington allowing access to its low-level waste disposal facility by generators in other party states, party states such as Oregon and Idaho which host hazardous chemical waste disposal facilities will allow access to such facilities by generators within other party states. Nothing in this compact may be construed to prevent any party state from limiting the nature and type of hazardous chemical or low-level wastes to be accepted at facilities within its borders or from ordering the closure or [of] such facilities, so long as such action by a host state is applied equally to all generators within the region composed of the party states.
Section 6. Any host state may establish a schedule of fees and requirements related to its facility, to assure that closure, perpetual care, and maintenance and contingency requirements are met, including adequate bonding.
ARTICLE V—Northwest Low-level Waste
Compact Committee
The governor of each party state shall designate one official of that state as the person responsible for administration of this compact. The officials so designated shall together comprise the Northwest low-level waste compact committee. The committee shall meet as required to consider matters arising under this compact. The parties shall inform the committee of existing regulations concerning low-level waste management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations. Notwithstanding any provision of Article IV to the contrary, the committee may enter into arrangements with states, provinces, individual generators, or regional compact entities outside the region comprised of the party states for access to facilities on such terms and conditions as the committee may deem appropriate. However, it shall require a two-thirds vote of all such members, including the affirmative vote of the member of any party state in which a facility affected by such arrangement is located, for the committee to enter into such arrangement.
ARTICLE VI—Eligible Parties and Effective Date
Section 1. Each of the following states is eligible to become a party to this compact: Alaska, Hawaii, Idaho, Montana, Oregon, Utah, Washington, and Wyoming. As to any eligible party, this compact shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this compact by enacting a statute repealing its approval.
Section 2. After the compact has initially taken effect pursuant to Section 1, any eligible party state may become a party to this compact by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1983, whichever occurs first, unless the compact has by then been enacted as a statute by that state.
Section 3. Section 2 of Article IV of this compact shall take effect on July 1, 1983, if consent is given by Congress. As provided in Public Law 96-573, Congress may withdraw its consent to the compact after every five-year period.
ARTICLE VII—Severability
If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this compact are severable.
[ 1981 c 124 s 1. Formerly RCW 43.145.010.]

catchline: Compact.


title: RCW 70A.380.020

text:
The person designated as the Washington representative to the committee as specified in Article V shall adhere to all provisions of the low-level radioactive waste compact. In considering special conditions or arrangements for access to the state's facilities from wastes generated outside of the region, the committee member shall ensure at a minimum, that the provisions of Article IV, Section 3 are complied with. After 1992 the Washington representative may approve access to the state's facility only for the states currently members of the Rocky Mountain compact or states which generate less than one thousand cubic feet of waste annually and are contiguous with a state which is a member of the Northwest compact.
[ 1990 c 21 s 5; 1981 c 124 s 2. Formerly RCW 43.145.020.]

catchline: Requirements of Washington representative to Northwest low-level waste compact committee.


title: RCW 70A.380.030

text: See RCW 70A.384.040.

catchline: Rule-making authority.


title: RCW 70A.382.010

text:
The Pacific States Agreement on Radioactive Materials Transportation Management is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and other states joining the agreement in accordance with its terms.
PACIFIC STATES AGREEMENT ON
RADIOACTIVE MATERIALS
TRANSPORTATION MANAGEMENT
ARTICLE I—Policy and Purpose
The party states recognize that protection of the health and safety of citizens and the environment, and the most economical transportation of radioactive materials, can be accomplished through cooperation and coordination among neighboring states. It is the purpose of this agreement to establish a committee comprised of representatives from each party state to further cooperation between the states on emergency response and to coordinate activities by the states to eliminate unnecessary duplication of rules and regulations regarding the transportation and handling of radioactive material.
The party states intend that this agreement facilitate both interstate commerce and protection of public health and the environment. To accomplish this goal, the party states direct the committee to develop model regulatory standards for party states to act upon and direct the committee to coordinate decisions by party states relating to the routing and inspection of shipments of radioactive material.
ARTICLE II—Definitions
As used in this agreement:
(1) "Carrier" includes common, private, and contract carriers.
(2) "Hazardous material" means a substance or material which has been determined by the United States department of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.
(3) "Radioactive material" has the meaning given that term in federal department of transportation regulations found in 49 C.F.R. Sec. 173, and includes, but is not limited to, high-level radioactive waste, low-level radioactive waste, and spent nuclear fuel, as defined in section 2 of the nuclear waste policy act of 1982 (96 Stat. 2202; 42 U.S.C.A. Sec. 10101).
(4) "Transportation" means the transport by any means of radioactive material destined for or derived from any location, and any loading, unloading, or storage incident to such transport. "Transportation" does not include permanent storage or disposal of the material.
ARTICLE III—Regulatory Practices
Section 1. The party states agree to develop model standards, not in conflict with federal law or regulations, for carriers of radioactive material to provide information regarding:
(1) The amount and kind of material transported;
(2) The mode of transportation and, to the extent feasible, the route or routes and the time schedule;
(3) The carrier's compliance with local, state, and federal rules and regulations related to radioactive material transportation;
(4) The carrier's compliance with federal and state liability insurance requirements.
Section 2. Consistent with federal law or regulations pertaining to transportation of radioactive material, the party states also agree to:
(1) Develop model uniform procedures for issuing permits to carriers;
(2) Develop model uniform recordkeeping processes that allow access on demand by each state;
(3) Develop model uniform safety standards for carriers;
(4) Coordinate routing of shipments of radioactive materials;
(5) Develop a method for coordinating the party states' emergency response plans to provide for regional emergency response including (a) systems for sharing information essential to radiation control efforts, (b) systems for sharing emergency response personnel, and (c) a method to allocate costs and clarify liability when a party state or its officers request or render emergency response;
(6) Recommend parking requirements for motor vehicles transporting radioactive materials;
(7) Coordinate state inspections of carriers; and
(8) Develop other cooperative arrangements and agreements to enhance safety.
Section 3. The party states also agree to coordinate emergency response training and preparedness drills among the party states, Indian tribes, and affected political subdivisions of the party states, and, if possible, with federal agencies.
Section 4. The party states recognize that the transportation management of hazardous waste and hazardous materials is similar in many respects to that of radioactive materials. The party states, therefore, agree to confer as to transportation management and emergency response for those items where similarities in management exist.
ARTICLE IV—Pacific States Radioactive Materials
Transportation Committee
Section 1. Each party state shall designate one official of that state to confer with appropriate legislative committees and with other officials of that state responsible for managing transportation of radioactive material and with affected Indian tribes and be responsible for administration of this agreement. The officials so designated shall together comprise the Pacific states radioactive materials transportation committee. The committee shall meet as required to consider and, where necessary, coordinate matters addressed in this agreement. The parties shall inform the committee of existing regulations concerning radioactive materials transportation management in their states, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations.
Section 2. The committee may also engage in long-term planning to assure safe and economical management of radioactive material transportation on a continuing basis.
Section 3. To the extent practicable, the committee shall coordinate its activities with those of other organizations.
ARTICLE V—Eligible Parties and Effective Date
Section 1. The states of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming are eligible to become a party to this agreement. As to any eligible party, this agreement shall become effective upon enactment into law by that party, but it shall not become initially effective until enacted into law by two states. Any party state may withdraw from this agreement by enacting a statute repealing its approval.
Section 2. After the agreement has initially taken effect under section 1 of this article, any eligible party state may become a party to this agreement by the execution of an executive order by the governor of the state. Any state which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its legislature or July 1, 1988, whichever occurs first, unless the agreement has by then been enacted as a statute by that state.
ARTICLE VI—Severability
If any provision of this agreement, or its application to any person or circumstance, is held to be invalid, all other provisions of this agreement, and the application of all of its provisions to all other persons and circumstances, shall remain valid; and to this end the provisions of this agreement are severable.
[ 1987 c 90 s 1. Formerly RCW 43.146.010.]

catchline: Pacific States Agreement on Radioactive Materials Transportation Management.


title: RCW 70A.382.900

text:
(1) Section 1 of this act shall constitute a new chapter in Title 70A RCW.
(2) The Washington state designee to the committee shall be appointed by the governor.
[ 2020 c 20 s 1052; 1987 c 90 s 2. Formerly RCW 43.146.900.]

catchline: Legislative directive—State designee—1987 c 90.


title: RCW 70A.384.005

text:
The legislature finds that the safe transporting, handling, storage, or otherwise caring for radioactive wastes is required to protect the health, safety, and welfare of the citizens of the state of Washington. It is the purpose of this chapter to establish authority for the state to exercise appropriate oversight and care for the safe management and disposal of radioactive wastes; to consult with the federal government and other states on interim or permanent storage of these radioactive wastes; and to carry out the state responsibilities under the federal nuclear waste policy act of 1982.
[ 1983 1st ex.s. c 19 s 1. Formerly RCW 43.200.010.]

catchline: Finding—Purpose.


title: RCW 70A.384.010

text:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Commercial low-level radioactive waste disposal facility" has the same meaning as "facility" as defined in RCW 70A.380.010.
(2) "Department" means the department of ecology.
(3) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).
(4) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent nuclear fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.
(5) "Radioactive waste" means both high-level and low-level radioactive waste.
(6) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.
[ 2020 c 20 s 1053. Prior: 2012 c 19 s 1; 1989 c 322 s 1; 1985 c 293 s 1; 1984 c 161 s 1. Formerly RCW 43.200.015.]
Notes:
Effective date—2012 c 19: "This act takes effect July 1, 2012." [ 2012 c 19 s 15.]

catchline: Definitions.


title: RCW 70A.384.020

text:
The department of ecology is designated as the executive branch agency for participation in the federal nuclear waste policy act of 1982 and the federal low-level radioactive waste policy act of 1980, however the legislature retains an autonomous role with respect to participation in all aspects of the federal nuclear waste policy act of 1982. The department may receive federal financial assistance for carrying out radioactive waste management activities, including assistance for expenses, salaries, travel, and monitoring and evaluating the program of repository exploration and siting undertaken by the federal government.
[ 1989 c 322 s 2; 1984 c 161 s 2; 1983 1st ex.s. c 19 s 2. Formerly RCW 43.200.020.]

catchline: Participation authority regarding federal statutes—Federal financial assistance.


title: RCW 70A.384.030

text:
All departments, agencies, and officers of this state and its subdivisions shall cooperate with the department of ecology in the furtherance of any of its activities pursuant to this chapter.
[ 1989 c 322 s 3; 1984 c 161 s 4; 1983 1st ex.s. c 19 s 3. Formerly RCW 43.200.030.]

catchline: Cooperation required.


title: RCW 70A.384.040

text:
The department of ecology shall adopt such rules as are necessary to carry out responsibilities under this chapter. The department of ecology is authorized to adopt such rules as are necessary to carry out its responsibilities under chapter 70A.380 RCW.
[ 2020 c 20 s 1054; 1989 c 322 s 5; 1986 c 2 s 5; 1984 c 161 s 8; 1983 1st ex.s. c 19 s 7. Formerly RCW 43.200.070.]

catchline: Rules.