§ 6629. Toxics use reduction and hazardous waste reduction plan; plan summary

(a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdivisions (c)(3) or (c)(4) of this section. Initial plans shall be due: on or before October 1, 1992 for Class A generators; on or before July 1, 1993 for Class B generators; and on or before July 1, 1996 for large users. Updated plans shall be prepared no later than July 1, 1996 and every third July 1 thereafter. For generators that are both Class A or Class B generators and large users, the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is due on July 1, 1996 as an integrated component of a toxics use and hazardous waste reduction plan. A toxics use reduction and hazardous waste reduction plan shall:

(1) determine any toxics use reduction and hazardous waste reduction methods that may be implemented to reduce the use of toxic substances and hazardous waste generated without significantly shifting risks from one part of a process, environmental medium, or product to another;

(2) include a plan to document and implement toxics use reduction methods and hazardous waste reduction methods identified in subdivision (1) of this subsection which are technically and economically feasible for the generator, including performance goals for the reduction of toxic substances and hazardous waste, and including a reasonable implementation schedule.

(b) A facility required to complete a toxics use reduction and hazardous waste reduction plan may include as a preface to its initial plan:

(1) An explanation and documentation regarding toxics use reduction and hazardous waste reduction efforts completed or in progress before the first reporting date.

(2) An explanation and documentation regarding impediments to toxics use reduction and hazardous waste reduction specific to the individual facility.

(c) The toxics use reduction and hazardous waste reduction plan shall be prepared for each site pursuant to the format adopted under section 6626 of this title and shall include:

(1) The name and location of the site, including State plane coordinates.

(2) The SIC Codes of the site.

(3) Identification of each routinely generated hazardous waste resulting from ongoing processes or operations that has:

(A) a yearly weight exceeding five percent of the total yearly weight of hazardous waste generated;

(B) for acutely hazardous waste, a yearly weight exceeding five percent of the total yearly weight of acutely hazardous waste generated at the site.

(4) Identification of each routinely used toxic substance resulting from ongoing processes or operations, exclusive of sale or distribution, that has:

(A) a yearly weight exceeding 4,545.5 kg (10,000 lbs); or

(B) a yearly weight of between 454.5 kg (1,000 lbs) and 4,545.4 kg (10,000 lbs) if the toxic substance comprises 10 percent or more of the total toxic substances used;

(5) For each toxic substance and hazardous waste identified in subdivision (3) or (4) of this subsection, the plan shall include:

(A) an estimate of the quantity of toxic substance, or raw material resulting in hazardous waste, used and hazardous waste generated;

(B) an evaluation of feasible toxics use reduction and hazardous waste reduction methods available to the generator or large user.

(6) A specification of, and a rationale for the technically and economically feasible toxics use reduction and hazardous waste reduction methods which will be taken by the generator or large user with respect to each toxic substance or hazardous waste identified in subdivision (3) or (4) of this subsection. The plan shall give priority to toxics use reduction methods. The plan shall document the generator's or large user's rationale for rejecting any available toxics use reduction or hazardous waste reduction method identified in subdivision (5) of this subsection. The generator or large user shall have the sole and final authority to determine which, if any, toxics use reduction or hazardous waste reduction methods will be implemented.

(7) An evaluation of the effects of the chosen toxics use reduction or hazardous waste reduction method on emissions and discharges to air, water, or land, and with respect to whether or not that method adversely affects compliance with applicable laws and regulations.

(8) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(9) A description of employee awareness programs which may include training programs specific to the implementation of the planning process to inform and involve the employees in toxic use reduction and hazardous waste reduction planning and implementation to the extent technically and economically feasible.

(d) As part of each plan developed under this section, a large user or generator shall establish specific performance goals for the reduction of toxics and hazardous waste in the following categories:

(1) Any toxic substance used in quantities in excess of 4,545.5 kg (10,000 lbs) a year or any toxic substance used in quantities between 454.5 kg (1,000 lbs) and 4,545.5 kg (10,000 lbs) per year that constitutes 10 percent or more of the total toxic substances used.

(2) For Class A and Class B generators, any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

(3) Whenever technically and economically practicable, the specific performance goals established shall be expressed in numeric terms. If the establishment of numeric goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable.

(e) Each generator or large user shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to toxics use reduction and hazardous waste reduction, including the following:

(1) The availability of technically practicable toxics use reduction and hazardous waste reduction methods, including any anticipated changes.

(2) The economic practicability of available toxics use reduction and hazardous waste reduction methods, including any anticipated changes. Examples of situations where toxics use reduction or hazardous waste reduction may not be economically practicable include:

(A) For valid reasons of prioritization, a particular facility has chosen to first address other more serious toxics use reduction or hazardous waste reduction concerns.

(B) Necessary steps to reduce toxics use and hazardous waste are likely to have significant adverse impacts on product quality.

(C) Legal or contractual obligations interfere with the necessary steps that would lead to toxics use reduction or hazardous waste reduction.

(f) Class A and Class B generators and large users shall prepare and submit plan summaries and updated plan summaries by the respective deadlines established under subsection (a) of this section for the completion of plans and updated plans. The plan summary shall include:

(1) For each toxic substance or hazardous waste identified in subdivision (c)(3) or (c)(4) of this section, a matrix form that indicates the toxics use reduction and hazardous waste reduction methods the large user or generator plans to implement in the next three years. On the horizontal axis of the matrix shall be listed the toxics use reduction and hazardous waste reduction methods of: input substitution, product reformulation, production unit redesign, production unit modernization, improved operation and maintenance of production units, recycling or reuse integral to the production unit, and recycling outside the production process after the waste is generated. On the vertical axis shall be listed the following: method not considered, method considered but rejected (economic feasibility), method considered but rejected (technical feasibility), and method to be implemented. The large user or generator shall mark the intersection of a reduction or management technique on the horizontal axis with one of the options in the vertical axis. The larger user or generator shall provide a general written description of the information provided in the matrix and may provide any additional information to summarize the plan.

(2) A list of toxic substances and hazardous wastes that are covered by the plan.

(3) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

(4) As an option, a description of the specific performance goals established under subsection (d) of this section. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 7; 1995, No. 42, § 2.)