455B.518  Toxics pollution prevention plans.

1.  A toxics user required to report under section 313 of EPCRA, 42 U.S.C. § 11023, or a large quantity generator, as defined pursuant to the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., shall be encouraged to develop a facility-wide multimedia toxics pollution prevention plan, as described pursuant to this section.

2.  The division shall adopt criteria for the information required in a multimedia toxics pollution prevention plan. To the extent possible, the plans shall coordinate reporting requirements in order to minimize unnecessary duplication. The plans shall include, but are not limited to, all of the following:

a.  A policy statement which articulates upper management and corporate support for the toxics pollution prevention plan and its implementation.

b.  The identification and quantities of toxic substances used and released by groups of related production processes or by processes used in producing an identifiable product.

c.  An assessment of the applicability of the approaches designated as toxics pollution prevention techniques including the following:  input substitution; production reformulation; production process redesign or modification; production process modernization; improved operation and maintenance of existing production process equipment and methods; and recycling, reuse, or extended use of toxic substances, to the toxics users' production processes as identified in paragraph "b".

d.  A description of current and previous techniques used to reduce or eliminate toxics used or released.

e.  An economic analysis of the proposed toxics pollution prevention plan. The economic analysis shall also include an evaluation of the impact upon the toxics user's existing labor force by division or department, and the projected impact upon future expansion of the toxics user's labor force.

f.  A clear statement listing specific reduction objectives.

g.  A method for employees of a toxics user to provide input and to be involved in the development of the plans. If the employees are represented by a labor union, organization, or association, a representative of the union, organization, or association shall be included in the development of the plans.

3.  The plans developed under this section shall not promote the use of pollution control or waste management approaches that address waste or pollution after the creation of the waste or pollution.

4.  A toxics pollution prevention plan developed under this section shall be reviewed by the authority for completeness, adequacy, and accuracy.

5.  A toxics user shall maintain a copy of the plan on the premises, and shall submit a summary of the plan to the department.

Section History: Recent form

  91 Acts, ch 255, § 5; 92 Acts, ch 1239, § 21

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