Current through Register Vol. 24-06, March 15, 2024
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 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 products made and/or services provided, and a statement or
listing of the current levels 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, 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 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 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 that individually
represent 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 must be
included until ninety percent of the total is reached; and
(B) Each product used 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 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 that contains a
total of between ten and twenty-four percent of hazardous substances if ten
thousand pounds or more was used. Any product that contains less than ten
percent of any hazardous substances is not required be included in the list
regardless of the amount of the product used.
(C) Office products and products 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 (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 that contain hazardous substances. The person making
this list should attempt to include those products which contain the highest
concentrations of hazardous substances and the most toxic hazardous
substances.
(C) Office products and
products 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 are not required to be
listed. Note: See (2)(k) of this subsection for discussion on this
issue.
(iii)
Determinations of whether these quantities are met or exceeded for either
approach 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 must only be used for plans required to be completed before
September 2, 1996. Plans or plan updates completed from that date on 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" may only be used
for identifying hazardous waste after September 2, 1996. This approach 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 that individually represent 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 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 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 that contain
hazardous substances.
(C)
The exemptions in (ii)(C) and (D) of this 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 include, at a
minimum, a review of literature commonly available to that industry or trade.
The full range of potentially feasible opportunities must be identified without
regard to possible impediments to implementing the opportunities. In
identifying opportunities, consideration 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 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 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 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:
(A) An economic
analysis;
(B) A technical
evaluation;
(C) An identification
of whether, and if so how, the identified opportunity would result in a
shifting of risk from one part of a process, environmental medium, or product
to another; and
(D) 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 or reasons for rejecting
them 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 it affects 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 that would be achieved through implementation must be stated,
and the amount of hazardous wastes recycled or treated as a result of
implementation 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 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 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 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. 00-15-020 (Order
00-08), § 173-307-030, filed 7/11/00, effective 8/11/00; 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.