Vermont § 6629 - Toxics use reduction and hazardous waste reduction plan; plan summary

§ 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 that 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 that 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, rules,
  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 that 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; 2019, No. 131 (Adj. Sess.), § 37.)