EXPEDITED ADOPTION
Title of Rule: Pollution prevention plans.
Purpose: This amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.
Statutory Authority for Adoption: Chapter 70.95C RCW.
Statute Being Implemented: Chapter 70.95C RCW.
Summary: This rule implements chapter 70.95C RCW, which encourages voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of hazardous waste by-products and to maximize the in-process reuse of reclamation of valuable spent material.
Reasons Supporting Proposal: To comply with executive order on regulatory improvement, this amendment is being proposed to correct errors in grammar and punctuation, and to clarify the language of the rule without changing its effect.
Name of Agency Personnel Responsible for Drafting: Kathy Carpenter, Headquarters, (360) 407-6216; Implementation and Enforcement: Greg Sorlie, Headquarters, (360) 407-6702.
Name of Proponent: Department of Ecology, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements chapter 70.95C RCW, which encourages voluntary efforts to redesign industrial, commercial, production, and other processes to result in the reduction or elimination of hazardous waste by-products and to maximize the in-process reuse of reclamation of valuable spent material. This amendment will clarify the rule as required by Executive Order 97-02 on Regulatory Improvement.
Proposal does not change existing rules.
THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY July 5, 2000.
April 27, 2000
Joe Williams
for Dan Silver
Deputy Director
OTS-3615.2
POLLUTION PREVENTION PLANS
This chapter implements chapter 70.95C RCW, an act relating to hazardous waste reduction. The
act encourages voluntary efforts to redesign industrial,
commercial, production, and other processes to result in the
reduction or elimination of hazardous waste by-products and to
maximize the in-process reuse or reclamation of valuable spent
material. The act establishes a legislative policy to encourage
reduction in the use of hazardous substances and reduction in the
generation of hazardous waste whenever economically and
technically practicable. It also adopts, as a policy goal for
Washington state, the reduction of hazardous waste
generation((,)) through hazardous substance use reduction and
waste reduction techniques((,)) by fifty percent by 1995. Some
individual facilities may have the ability to reduce the use of
hazardous materials and the generation of hazardous wastes by far
((greater)) more than fifty percent while others may not be able
to reduce by as much as fifty percent. Therefore, the fifty
percent reduction goal is not applied as a regulatory
requirement. The plans provided for in this chapter are intended
to achieve, for each facility, the greatest reduction
economically and technically practicable. The intent of the
department of ecology is to provide technical assistance, to the
greatest extent possible, to those required to prepare facility
plans. The purpose of this chapter is to establish the specific
elements ((required to)) that must be included in the documents
required of hazardous waste generators and hazardous substance
users under the act. The ((regulation)) rule also establishes
completion dates and implements other requirements in the act. Copies of all rules((, regulations,)) or statutes cited in this
chapter are available from ((the)) Records Management, Department
of Ecology, ((Mailstop PV-11)) P.O. Box 47600, Olympia,
Washington 98504-((8711))7600.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-010, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-010, filed 4/1/91, effective 5/2/91.]
(1) The requirements of WAC 173-307-010 through 173-307-140 apply to all hazardous substance
users as defined in this chapter and to hazardous waste
generators who generate more than two thousand six hundred forty
pounds of hazardous waste per year, except for those facilities
that are primarily treatment, storage, and disposal facilities or
recycling facilities. Used oil to be rerefined or burned for
energy or heat recovery ((shall)) may not be used in the
calculation of hazardous wastes generated for purposes of this
((regulation)) rule, and is not required to be addressed by plans
prepared under this ((regulation. For purposes of this section,
hazardous waste reported on the annual dangerous waste generator
report as having been either recycled on-site or recycled for
beneficial use off-site and/or amounts of hazardous substances
introduced into a process and subsequently recycled for
beneficial use, shall not be used in the calculation of hazardous
waste generated))rule. For the purposes of this section, neither
hazardous waste reported on the dangerous waste annual report as
having been either recycled on-site or recycled for beneficial
use off-site, nor amounts of hazardous substances introduced into
a process and subsequently recycled for beneficial use may be
used in the calculation of hazardous waste generated. A facility
may petition the director to exclude hazardous wastes recycled
for beneficial use even if they were not reported as such on the
((annual)) dangerous waste ((generator)) annual report. Documentation from the hazardous waste handling facility that the
hazardous waste was recycled for beneficial use must be submitted
along with the petition.
(2) Except as noted in subsection (3) of this section, each
hazardous substance user and hazardous waste generator identified
above ((must)) shall prepare one plan for each facility owned or
operated.
(3) A person with multiple interrelated facilities where a significant majority of the processes are substantially similar, as defined in this chapter, may prepare a single plan covering one or more of those facilities.
(a) ((A person desiring to submit a single plan under this
provision must first submit to the director documentation that a
significant majority of the processes at the facilities are
substantially similar processes in order to obtain approval prior
to plan development.)) To obtain approval, a person desiring to
submit a single plan under this provision shall submit
documentation to the director that a significant majority of the
processes at the facilities are substantially similar before
developing a plan. This documentation must be submitted by May 1
of the year ((prior to)) before the plan due date.
(b) If a single plan is being prepared for two or more interrelated facilities with substantially similar processes, the sum total of the hazardous waste generated and the hazardous substances used by these facilities must be considered when applying any of the thresholds and/or percentages required by this chapter.
(c) In instances where a person has interrelated facilities without substantially similar processes, a single document may be prepared, but it must contain separate detailed plans for each facility.
(4) Facilities required by this chapter to prepare plans are also required to pay a hazardous waste fee, as described in chapter 173-305 WAC. The requirements of WAC 173-305-010 through 173-305-050 and 173-305-210 through 173-305-240 specifically apply.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-015, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-015, filed 4/1/91, effective 5/2/91.]
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Closed-loop recycling" means that the entire process through completion of any reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance. Recycled materials are returned to the original process or processes.
(2) "Dangerous waste" means any discarded, useless,
unwanted, or abandoned nonradioactive substances((,)) including,
but not limited to, certain pesticides, or any residues or
containers of ((such)) those substances which are disposed of in
such a quantity or concentration ((as to)) that would pose a
substantial present or potential hazard to human health,
wildlife, or the environment because ((such)) those wastes or
constituents or combinations of ((such)) those wastes:
(a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or
(b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means.
Dangerous wastes ((shall)) specifically includes those
wastes designated as extremely hazardous by rules adopted
((pursuant to)) under chapter 70.105 RCW.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of ecology or the director's designee.
(5) "EPA/state dangerous waste identification number" means the number assigned by the EPA (Environmental Protection Agency) or by the department of ecology to each generator and/or transporter and each treatment, storage, and/or disposal facility.
(6) "Extremely hazardous waste" means any dangerous waste which, if disposed of at a disposal site in quantities that would present an extreme hazard to man or the environment:
(a) Will persist in a hazardous form for several years ((or
more)) at a disposal site and which, in its persistent form:
(i) Presents a significant environmental hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife; and
(ii) Is highly toxic to man and wildlife((;
If disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment)).
Extremely hazardous waste ((shall)) specifically includes
those wastes designated as extremely hazardous by rules adopted
((pursuant to)) under chapter 70.105 RCW.
(7) "Facility" means any geographical area that has been assigned an EPA/state dangerous waste identification number. In the case of a hazardous substance user not having an EPA/state dangerous waste identification number, facility means all buildings, equipment, structures, and other stationary items located on a single site or on contiguous or adjacent sites and owned or operated by the same person.
(8) "Fee" means the annual hazardous waste fees imposed under RCW 70.95E.020 and 70.95E.030.
(9) "Generate" means any act or process ((which)) that
produces hazardous waste or which first causes a hazardous waste
to become subject to regulation.
(10) "Hazardous substance" means:
(a) Any hazardous substance listed as a hazardous substance
as of the effective date of this section ((pursuant to)) in
accordance with Section 313 of Title III of the Superfund
Amendments and Reauthorization Act and any further updates((,));
and
(b) All ozone depleting compounds as defined by the Montreal Protocol of October 1987 and any further updates of the Montreal Protocol.
(11) "Hazardous substance use reduction" means the
reduction, avoidance, or elimination of the use, toxicity, or
production of hazardous substances without creating substantial
new risks to human health or the environment. "Hazardous
substance use reduction" includes proportionate changes in the
usage of hazardous substances ((as the usage of a hazardous
substance)) or the hazardous substances changes ((as)) that are a
result of production changes or other business changes.
(12) "Hazardous substance user" means any facility required to report under Section 313 of Title III of the Superfund Amendments and Reauthorization Act, except for those facilities which only distribute or use fertilizers or pesticides intended for commercial agricultural applications.
| Note: | This definition refers to those SARA Title III, Section 313 reporters who must prepare a plan, whereas the definition of hazardous substance refers to the substances that must be addressed in the plan. |
(a) Does not include radioactive wastes or a substance composed of both radioactive and hazardous components; and
(b) Does not include any hazardous waste generated as a result of a remedial action under state or federal law.
(14) "Hazardous waste generator" or "generator" means any
person generating hazardous waste(((s) which are)) that is
subject to regulation by the department.
(15) "Hazardous waste reduction" means all in-facility
practices that reduce, avoid, or eliminate the generation of
hazardous waste((s)) or the toxicity of hazardous waste((s, prior
to generation)), before the hazardous waste is generated, without
creating substantial new risks to human health or the
environment.
(16) "Interrelated facilities" means multiple facilities owned or operated by the same person.
(17) "Office" means the ((office of waste reduction))
hazardous waste and toxic reduction program.
(18) "Plan" means the plan provided for in RCW 70.95C.200.
(19) "Person" means an individual, trust, firm, joint stock
company, partnership, association, state, public or private or
municipal corporation, commission, political subdivision of a
state, interstate body, the federal government, including any
agency or officer thereof, and any Indian tribe or authorized
tribal ((organization)) government.
(20) "Process" means one or a number of steps ((which)) that
produce((s)) an end product or service, or a component ((which
is)) to be incorporated into an end product or service.
(21) "Product" means any hazardous substance or mixture
containing hazardous substances ((which)) that is used by a
facility in a production or service process. Metals or metal
alloys used by the facility are not considered "products" if they
do not become incorporated into the hazardous waste streams and
have no known pathway for the release of metals to the
environment, either at the facility or ((subsequent to)) after
their use at the facility, such as from ultimate disposal by the
consumer. Facilities will have to decide whether to group
similar products (for example with different brand names) and
list them as a single product. While some flexibility is left to
the facility, products must be identified as a single product if
they have a similar chemical composition and may be used
interchangeably by the facility.
| Note: | The term "product" as defined here and used throughout this chapter is not to be confused with the term "end product," which specifically refers to the "output" of a production process. |
Use constituting disposal;
Incineration; or
Use as a fuel.
(23) "Recycling" means reusing waste materials and extracting valuable materials from a waste stream. Recycling does not include burning for energy recovery.
| Note: | While burning for energy recovery may be preferable to disposal, burning for energy recovery does not count as recycling for the purpose of chapter 70.95C RCW. |
(25) "Shifting of risks" means changing the character, location, or receptor of a toxic material without achieving a substantial reduction in the overall risk to health and safety or the environment.
(26) "Substantially similar processes" means processes that are essentially interchangeable, inasmuch as they use similar equipment and materials and produce similar products or services and generate similar wastes.
(27) "Treatment" means the physical, chemical, or biological
processing of waste to render it completely innocuous, produce a
recyclable by-product, reduce toxicity, or substantially reduce
the volume of material ((requiring)) that requires disposal as
described in the priorities established in RCW 70.105.150. Treatment does not include incineration.
(28) "Used oil" means:
(a) Lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine;
(b) Any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and
(c) Any oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination, is no longer useful to the original purchaser. "Used oil" does not include used oil to which hazardous wastes have been added.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-020, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-020, filed 4/1/91, effective 5/2/91.]
This section establishes the specific elements required to be included in a plan. The purpose of a plan is to require serious consideration of ways in which processes and procedures may be modified to reduce dependence upon hazardous substances and/or the generation of hazardous wastes. All plans must consider opportunities based on the following priorities: Hazardous substance use reduction and hazardous waste reduction, recycling, and treatment. The plans shall consist of the following parts:
(1) Part one. Part one shall include:
(a) A written policy ((articulating)) expressing management
and corporate support for the plan and a commitment to implement
planned activities and achieve established goals.
(b) The plan scope and objectives.
(c) A description of the facility type, a description of
product((())s(())) made and/or services provided, and a statement
or listing of the current level((())s(())) of production or
service activity in units of measure appropriate to the industry
or activity;
(d) A general overview of the processes used in production or service activities (a schematic drawing may be included);
(e) A statement providing, for the last calendar year, the
total pounds of extremely hazardous waste and total pounds of
dangerous waste reported on Form 4, ((Generator Annual))
Dangerous Waste Annual Report, and, if applicable, the total
pounds of toxic releases reported on Form R under SARA Title III,
Section 313; and
(f) A description of current reduction, recycling, and
treatment activities and documentation of hazardous substance use
reduction and hazardous waste reduction efforts that were
completed ((prior to)) before the first plan due date specified
in WAC 173-307-050. Clearly separate the explanations of
reduction activities from recycling and other management
activities.
(2) Part two. Part two shall include an identification of
hazardous substances used and hazardous wastes generated by the
facility((,)); a description of the facility processes((,)); an
identification of reduction, recycling, and treatment
opportunities((,)); an evaluation of those opportunities((,)); a
selection of proposed options((,)); a policy to prevent shifting
of risks((,)); performance goals((,)); and an implementation
schedule. Specifically, Part two shall include:
(a) An identification of products containing hazardous
substances used and hazardous wastes generated. This ((is to))
must be based on actual usage and generation during the most
recent calendar year for which records are available. This task
can be accomplished by choosing one of two approaches. The
approaches are identified as the "pounds approach" and the
"percentage approach." Look at the following descriptions and
requirements of each of these and determine which one you wish to
use.
(i) "Pounds approach."
This approach requires you to identify the types and amounts, in either weight or volume, of hazardous waste generated and products containing hazardous substances used up to these threshold levels:
(A) All dangerous waste streams five hundred pounds or
greater, any smaller dangerous waste streams ((which)) that
individually represent((s)) ten percent or more of the total
annual hazardous wastes, and all extremely hazardous waste
streams subject to regulation by the department. If this
combination equals less than ninety percent of the total
hazardous wastes generated, then additional dangerous wastes
generated at the facility ((shall)) must be included until ninety
percent of the total is reached; and
(B) Each product used ((which)) that contains a total of
fifty percent or more of any combination of hazardous substances
if one thousand pounds or more was used; each product used
((which)) that contains a total of between twenty-five percent
and forty-nine percent of hazardous substances if four thousand
pounds or more was used; and each product used ((which)) that
contains a total of between ten and twenty-four percent of
hazardous substances if ten thousand pounds or more was used. Any product ((which)) that contains less than ten percent of any
hazardous substances ((need)) is not required to be included in
the list regardless of the amount of the product used.
(C) Office products and products ((which)) that are used at
the facility for nonprocess routine janitorial or grounds
maintenance related activities may be excluded from this list.
(D) Hazardous substances used and hazardous wastes generated
in laboratory research need not be listed. Note: See ((Part
two,)) (2)(k) of this subsection for discussion on this issue.
(ii) "Percentage approach."
This approach requires you to identify the types and amounts, in either weight or volume, of hazardous waste generated and products containing hazardous substances used up to these threshold levels;
(A) All extremely hazardous waste and enough additional dangerous waste to reach ninety percent of all the hazardous waste generated; and
(B) Ninety percent of all the products used ((which)) that
contain hazardous substances. ((This selection of products)) The
person making this list should attempt to include those ((that))
products which contain the highest concentrations of hazardous
substances and the most toxic hazardous substances.
(C) Office products and products ((which)) that are used at
the facility for nonprocess routine janitorial or grounds
maintenance related activities may be excluded from this list.
(D) Hazardous substances used and hazardous wastes generated
in laboratory research ((need)) are not required to be listed. Note: See ((Part two,)) (2)(k) of this subsection for discussion
on this issue.
(iii) Determinations of whether these quantities are met or
exceeded for either approach ((shall)) must be based on the best
available information. This information may be included or
referenced in the plan. Available information may include any or
all of the following as necessary to determine quantities of
hazardous substances contained in products((;)): Information
available from material safety data sheets, information furnished
upon request from manufacturers or suppliers of hazardous
substances or products containing hazardous substances,
information obtained from the department, and information
otherwise known by the facility owner or operator.
An explanation of the procedures used to determine that the thresholds were met or exceeded must be included in this section of the plan.
(iv) The above thresholds ((shall)) must only be used for
plans required to be completed ((prior to)) before September 2,
1996. Plans or plan updates completed from that date on ((must))
shall identify the types and amounts, in either weight or volume,
of hazardous waste generated and hazardous substances used up to
the following threshold levels;
(A) The "pounds approach" ((can)) may only be used for
identifying hazardous waste after September 2, 1996. This
approach ((cannot)) may not be used for products containing
hazardous substances. The thresholds for hazardous waste are:
All dangerous waste streams five hundred pounds or greater,
any smaller dangerous waste streams ((which)) that individually
represent((s)) ten percent or more of the total annual hazardous
wastes, and all extremely hazardous waste streams subject to
regulation by the department. If this combination equals less
than ninety-five percent of the total hazardous wastes generated,
then additional dangerous wastes generated at the facility
((shall)) must be included until ninety-five percent of the total
is reached.
(B) The "percentage approach" remains an optional approach
for hazardous waste, but it is the only approach that ((can)) may
be used for products. The thresholds for this approach are:
All extremely hazardous waste and enough additional dangerous waste to reach ninety-five percent of all the hazardous waste generated; and
Ninety-five percent of all the products used ((which)) that
contain hazardous substances.
(C) The exemptions in ((subitems)) (ii)(C) and (D) ((of item
(ii))) of this ((subdivision)) subsection remain in effect.
(b) A detailed description of each process in the facility that generates hazardous waste or uses products containing hazardous substances as identified in the chosen approach in (a) of this subsection. This description may include a schematic drawing.
(c) For the hazardous waste and products containing
hazardous substances identified in (a) of this subsection within
each of the processes identified in (b) of this subsection, an
identification, based on thorough research, of all reasonable
opportunities for further hazardous substance use reduction,
hazardous waste reduction, recycling, and treatment. Thorough
research ((shall)) must include, at a minimum, a review of
literature commonly available to that industry or trade. The
full range of potentially feasible opportunities ((is to)) must
be identified without regard to possible impediments to
implementing the opportunities. In identifying opportunities,
consideration ((shall)) must be given to alternative approaches
which, in the judgment of the facility management, satisfy the
same demand for end products or services but use substantially
less hazardous substances or result in the generation of
substantially less hazardous waste;
(d) An evaluation of the identified opportunities. Opportunities ((shall)) must be grouped by priority and evaluated
according to these priorities. The priorities are, in descending
order: Hazardous substance use and hazardous waste reduction;
recycling; and, treatment. Opportunities of a lower priority
((shall)) must be given consideration only after a determination
is made that the higher priority opportunities are inappropriate
due to impediments to their implementation. Impediments that
((shall be)) are considered acceptable include, but are not
limited to: (i) Adverse impacts on product quality, legal or
contractual obligations((,)); (ii) economic and technical
practicality((,)); (iii) safety considerations((,)); and (iv) the
creation of substantial new risks to human health or the
environment.
Except with respect to the use and distribution of fertilizers or pesticides intended for commercial agricultural applications, the evaluation of hazardous waste reduction opportunities must include an evaluation of hazardous substance use reduction opportunities for those hazardous substances which subsequently result in hazardous waste streams as well as an evaluation of other opportunities for the reduction of hazardous waste.
The evaluation required under this subsection shall include:
(i) An economic analysis((,)); (ii) a technical evaluation((,));
(iii) an identification of whether, and if so how, the identified
opportunity would result in a shifting of risk(((s))) from one
part of a process, environmental medium, or product to another;
and (iv) an identification of all impediments to implementing the
opportunities. The economic analysis shall seek to identify the
total costs associated with the current hazardous substance use
and hazardous waste generation, management and disposal, compared
with comparable costs associated with implementing the
alternatives.
Evaluation of each opportunity may be considered complete
when enough information is available to select or reject the
opportunity for implementation. For opportunities rejected, the
reason(((s))) or reasons for rejecting them ((shall)) must be
stated.
(e) A selection of opportunities to be implemented in
accordance with the evaluation conducted in (d) of this
subsection. For each selected opportunity, the process(((es))) it
affects ((shall)) must be identified, and estimates of the
amount, by weight, of the reduction of hazardous substances or
products containing hazardous substances and hazardous waste
reduction ((which)) that would be achieved through implementation
((shall)) must be stated, ((as well as)) and the amount of
hazardous wastes recycled or treated as a result of
implementation ((shall)) must be included;
(f) A written policy stating that in implementing the selected options whenever technically and economically practicable, risks will not be shifted from one part of a process, environmental medium, or product to another;
(g) Specific performance goals in each of the following categories, expressed in numeric terms:
(i) Hazardous substances or products containing hazardous substances to be reduced or eliminated from use;
(ii) Hazardous wastes to be reduced or eliminated through hazardous waste reduction techniques;
(iii) Materials or hazardous wastes to be recycled; and
(iv) Hazardous wastes to be treated.
If the establishment of numeric performance 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. Goals ((shall)) must be
set for a five-year period from the first reporting date (see (h)
of this subsection regarding implementation activities that will
take longer than five years);
(h) A five-year implementation schedule, which shall display planned implementation activities for each of the five calendar years following completion of the plan. Information to be provided shall include, but is not limited to, the opportunities (or phases of opportunities) being implemented and related milestones. Where complete implementation of a selected opportunity will take longer than five years, the schedule shall contain relevant milestones within a five-year period and an estimated date of completion. The schedule may be in table form and organized by opportunities within processes, if desired.
(i) A description of how those hazardous wastes that are not recycled or treated and the residues from recycling and treatment processes are managed may be included in the plan.
(j) Documentation of any research conducted in fulfillment
of any of the above subdivisions of this subsection ((shall))
must be available to the department upon request.
(k) For research laboratories, the plan may include, in lieu of all the detailed requirements of this subsection, a description of policies and procedures to be followed by laboratory personnel regarding the use of hazardous substances and the generation of hazardous wastes through laboratory research. These policies and procedures must be consistent with the waste reduction priorities as defined in this chapter.
(3) Part three. Part three shall provide a financial
description of the plan, which shall identify costs and benefits
realized from implementing selected opportunities to the extent
reasonably possible. Part three shall also include a description
of accounting systems ((which)) that will be used to identify
hazardous substance use and hazardous waste management costs. Liability, compliance, and oversight costs must be components of
these accounting systems.
(4) Part four. Part four of the plan shall include a description of personnel training and employee involvement programs. Each facility required to write a plan is encouraged to advise its employees of the planning process and solicit comments or suggestions from its employees on hazardous substance use and waste reduction opportunities.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-030, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-030, filed 4/1/91, effective 5/2/91.]
Upon completion of a
plan, the owner, chief executive officer, or other person with
the authority to commit management to the plan, such as a
facility manager, shall sign and submit an executive summary of
the plan to the department. This summary ((shall)) must be
available from the department for public inspection upon request.
The facility may ((elect)) choose to submit the complete plan to
the department rather than prepare an executive summary. In that
event, the complete plan ((shall)) must also be available for
public inspection.
Executive summaries shall include the following information from the plan:
(1) A written policy ((articulating)) expressing management
and corporate support for the plan and a commitment to implement
planned activities and achieve established goals((.));
(2) The plan scope and objectives((.));
(3) A description of the facility type and a summary of
product(((s))) made and/or services provided((.));
(4) A list of the type and amount of each hazardous waste
and products containing hazardous substances as identified in WAC 173-307-030 (2)(a)((.));
(5) A brief description of each process in the facility that
generates hazardous waste or uses products containing hazardous
substances as listed in subdivision (d)((.));
(6) A description of current reduction, recycling, and
treatment activities, and documentation of hazardous substance
use reduction and hazardous waste reduction activities completed
before the first reporting date specified in WAC 173-307-050((.));
(7) A summary of all further hazardous substance use
reduction, hazardous waste reduction, recycling, and treatment
opportunities identified. Opportunities ((shall)) must be
identified first for hazardous substance use reduction and
hazardous waste reduction, secondly for recycling, and lastly for
treatment. A statement of the reason(((s))) or reasons for
rejecting any opportunity from further consideration and a
summary of all identified impediments to implementing
opportunities ((shall)) must be included((.));
(8) A description of the opportunities selected to be
implemented, process(((es))) or processes affected, and estimated
reductions to be achieved((.));
(9) Specific performance goals, expressed in numeric terms for each of the categories listed below (assumptions on changing production or service activity levels during the period covered by the plan must be described):
(a) Hazardous substances to be reduced or eliminated from use;
(b) Hazardous wastes to be reduced or eliminated through waste reduction techniques;
(c) Materials or hazardous wastes to be recycled; and
(d) Hazardous wastes to be treated.
If the establishment of numeric performance 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. Goals ((shall)) must be
set for a five-year period from the first reporting date((.));
(10) The five-year implementation schedule identified in WAC 173-307-030 (2)(h), which shall display planned implementation
activities for each of the five calendar years following
completion of the plan((.));
(11) A summary of costs and benefits realized from
implementing selected opportunities((.));
(12) For research labs, the executive summary may include, in lieu of all the detailed requirements of this section, a description of policies and procedures to be followed by laboratory personnel regarding the use of hazardous substances and the generation of hazardous waste through laboratory research. These policies and procedures must be consistent with the waste reduction priorities as defined in this chapter.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-040, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-040, filed 4/1/91, effective 5/2/91.]
Plans ((shall)) must be
completed and executive summaries must be submitted in accordance
with the following schedule:
(1) Hazardous waste generators who generated more than fifty thousand pounds of hazardous waste in calendar year 1991 and hazardous substance users who were required to report in 1991, by September 1, 1992;
(2) Hazardous waste generators who generated between seven thousand and fifty thousand pounds of hazardous waste in calendar year 1992 and hazardous substance users who were required to report for the first time in 1992, by September 1, 1993;
(3) Hazardous waste generators who generated between two thousand six hundred forty and seven thousand pounds of hazardous waste in 1993 and hazardous substance users who were required to report for the first time in 1993, by September 1, 1994;
(4) Hazardous waste generators who have not been required to
complete a plan ((on or prior to)) on or before September 1,
1994, ((must)) shall complete a plan by September 1 of the year
following the first year that they generate more than two
thousand six hundred forty pounds of hazardous waste; and
(5) Hazardous substance users who have not been required to
complete a plan ((on or prior to)) on or before September 1,
1994, ((must)) shall complete a plan by September 1 of the year
following the first year that they are required to report under
Section 313 of Title III of the Superfund Amendments and
Reauthorization Act.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-050, filed 4/1/91, effective 5/2/91.]
Plans developed under
chapter 173-307 WAC ((shall)) must be kept at the facility and
made available for review to authorized representatives of the
department. The plan is not a public record under the public
disclosure laws of the state of Washington contained in chapter 42.17 RCW, unless submitted in lieu of an executive summary as
provided for in WAC 173-307-040.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-060, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-060, filed 4/1/91, effective 5/2/91.]
(1) A plan must be kept reasonably current and may be amended in response to changes in facility operations, substances used, or wastes generated.
(a) Users or generators shall notify the department of an
amended plan and submit amendments to their plan or executive
summary, whichever was originally submitted, including an
identification of which sections ((are being)) have been amended.
The implementation schedule of the amended plan and/or new
executive summary ((shall)) must be within the original five-year
timeline initiated by completion of the original plan.
(b) Even if a plan is amended, a five-year plan update will still be required five years from completion of the first plan, or from the last five-year update.
(2) Every five years, each plan ((shall)) must be updated,
and the plan or a new executive summary ((shall)) must be
submitted to the department. A plan update shall conform to the
requirements for preparing reduction plans as specified in this
chapter.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-070, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-070, filed 4/1/91, effective 5/2/91.]
Progress reports
((shall)) must be submitted to the department annually on
September 1 ((following)) after the due date of the plan. The
purpose of the progress report is to provide information on
quantities of hazardous waste and hazardous substances or
products containing hazardous substances reduced in the prior
twelve-month period.
(1) Progress reports shall include a discussion of:
(a) Performance goals. If numeric performance goals were
listed in the plan, progress toward achieving these goals
((shall)) must be discussed. If numeric performance goals were
not listed in the plan, progress made toward establishing numeric
goals ((shall be discussed, and also progress made towards
achieving the goals as stated in the plan)) and progress made
toward achieving the goals as stated in the plan must be
discussed. This discussion shall include:
(i) A description of reduction, recycling, and treatment
opportunities ((which)) that were implemented.
(ii) A description of the process(((es))) or processes
impacted by each opportunity.
(iii) A description of the quantities, by weight, of
hazardous substances or products containing hazardous substances
reduced and hazardous waste reduced by each option. Estimation
techniques, and any assumptions used ((shall)) must be described.
Quantities reduced must be displayed in relation to changing
production levels. The description shall also include a
statement of the level of production or service activity in
relation to the level of production or service activity stated in
the plan at the time the plan was prepared.
| Note: | Factors not resulting in actual reductions, such as new estimating techniques, delistings of substances or hazardous wastes, and reclassifications of waste management techniques cannot be counted or claimed as reductions. |
(b) Problems encountered in the implementation process. Problems ((shall)) must be clearly identified and must include a
discussion of steps taken or proposed to resolve problems. An
update on problems reported in previous progress reports
((shall)) must be included.
(2) Upon the request of two or more users or generators belonging to similar industrial classifications, the department may aggregate data contained in their annual progress reports for the purpose of developing a public record.
[Statutory Authority: Chapter 70.95C RCW. 91-20-131 (Order 91-35), § 173-307-080, filed 10/1/91, effective 11/1/91; 91-08-041 (Order 90-57), § 173-307-080, filed 4/1/91, effective 5/2/91.]
A user or generator
required to prepare a plan shall permit the director ((or a
representative of the director)) to review the plan to determine
its adequacy.
(1) The department may review a plan, executive summary, or
an annual progress report to determine whether the ((plan,
executive summary, or annual progress report)) document is
adequate and shall base its determination solely on whether the
((plan, executive summary, or annual progress report)) document
is complete and prepared in accordance with the provisions of
this chapter and the requirements of chapter 70.95C RCW.
(2) If a hazardous substance user or hazardous waste generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify the user or generator of the inadequacy, identifying specific deficiencies. For the purposes of this section, a deficiency may include failure to develop a plan, failure to submit an executive summary, or failure to submit an annual progress report. The department shall specify a reasonable time frame, of not less than ninety days, within which the user or generator shall complete a modified plan, executive summary, or annual progress report addressing the specified deficiencies.
(3) If the department determines that a modified plan,
executive summary, or annual progress report is inadequate, the
department may, within its discretion, either require further
modification or enter an order ((pursuant to)) under WAC 173-307-100.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-090, filed 4/1/91, effective 5/2/91.]
(1) If, after having received a
list of specified deficiencies from the department, a hazardous
substance user or hazardous waste generator required to prepare a
plan fails to complete modification of a plan, executive summary,
or annual progress report within the time period specified by the
department, the department may enter an order ((pursuant to))
under chapter 34.05 RCW finding the user or generator not in
compliance with the requirements of RCW 70.95C.200. When the
order is final, the department shall notify the department of
revenue to charge a penalty fee. The penalty fee ((shall)) must
be the greater of one thousand dollars or three times the amount
of the user's or generator's previous year's fee, in addition to
the current year's fee. If no fee was assessed the previous
year, the penalty ((shall)) must be the greater of one thousand
dollars or three times the amount of the current year's fee. The
penalty assessed under this subsection ((shall)) must be
collected each year after the year for which the penalty was
assessed until an adequate plan, executive summary, or annual
progress report is completed.
(2) If a hazardous substance user or hazardous waste
generator required to prepare a plan fails to complete an
adequate plan, executive summary, or annual progress report after
the department has levied against the user or generator the
penalty provided for in subsection (1) of this section, the user
or generator ((shall)) must be required to pay a surcharge to the
department whenever the user or generator disposes of a hazardous
waste at any hazardous waste incinerator or hazardous waste
landfill facility located in Washington state, until ((a plan,
executive summary, or annual progress report)) the required
document is completed and determined to be adequate by the
department. The surcharge ((shall)) must be equal to three times
the fee charged for disposal. The department shall furnish the
incinerator and landfill facilities in Washington state with a
list of Environmental Protection Agency/state identification
numbers of the hazardous waste generators that are not in
compliance with the requirements of RCW 70.95C.200.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-100, filed 4/1/91, effective 5/2/91.]
A user or generator may appeal
((from)) a department order or a surcharge under RCW 70.95C.220
to the pollution control hearings board ((pursuant to)) under
chapter 43.21B RCW.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-110, filed 4/1/91, effective 5/2/91.]
(1) The department
shall make available for public inspection any executive summary
or annual progress report submitted to the department. Any
hazardous substance user or hazardous waste generator required to
prepare an executive summary or annual progress report, who
believes that disclosure of any information contained in the
executive summary or annual progress report may adversely affect
the competitive position of the user or generator, may request
the department ((pursuant to)) under RCW 43.21A.160 to delete
from the public record those portions of the executive summary or
annual progress report that may affect the user's or generator's
competitive position. The department ((shall)) may not disclose
any information contained in an executive summary or annual
progress report pending a determination of whether the department
will delete any information contained in the report from the
public record. This determination will be made within sixty days
following a request for public inspection.
(2) Any ten persons residing within ten miles of a hazardous substance user or hazardous waste generator required to prepare a plan may file with the department a petition requesting the department to examine a plan to determine its adequacy. The department shall report its determination of adequacy to the petitioners and to the user or generator within a reasonable time. The department may deny a petition if the department has, within the previous year, determined the plan of the user or generator named in the petition to be adequate.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-130, filed 4/1/91, effective 5/2/91.]
The department shall maintain a
record of each plan, executive summary, or annual progress report
it reviews, and a list of all plans, executive summaries, or
annual progress reports the department has determined to be
inadequate, including descriptions of corrective actions taken. This information ((shall)) must be made available to the public.
[Statutory Authority: Chapter 70.95C RCW. 91-08-041 (Order 90-57), § 173-307-140, filed 4/1/91, effective 5/2/91.]