§ 68-212-305 — Contents of plan

(a) A hazardous waste reduction plan shall include at least the following: (1) A dated and signed written policy articulating management support for the generator's hazardous waste reduction plan; (2) The scope and objectives of the plan, including the evaluation of technologies, procedures and personnel training programs to ensure that unnecessary waste is not generated and to encourage hazardous waste reduction. Specific goals shall be set for hazardous waste reduction, as described in subsections (b)-(d); (3) A description of technically and economically practical hazardous waste reduction options to be implemented and a planned schedule for implementation. These options shall be based on an internal analysis of hazardous waste streams conducted to review individual processes or facilities and other activities where waste may be generated and identify opportunities to reduce or eliminate waste generation. Such analyses shall evaluate data on the types, amount and hazardous constituents of waste generated, where and why that waste was generated within the production process or other operations, and potential hazardous waste reduction and recycling techniques applicable to those wastes; (4) A description of the hazardous waste accounting systems that identify waste management costs and factor in liability, compliance and oversight costs to the extent feasible; (5) A description of the employee awareness and training programs designed to involve employees to the maximum extent feasible in hazardous waste reduction planning and implementation; (6) A description of how the plan has been or will be incorporated into management practices and procedures so as to ensure an ongoing effort; and (7) Other information about generation of hazardous waste not requiring disclosure of proprietary information as the board may require by regulation. (b) As part of each plan developed under this part, a generator shall establish specific performance goals for the source reduction of each hazardous waste stream. (c) The specific performance goals established under subsection (b) shall be quantitative goals, expressed in numeric terms. Whenever possible, the units of measurement should be in pounds (or tons) of waste generated per standard unit of production, as defined by the generator. If the establishment of numeric performance goals is not practical, the performance goals shall include a clearly stated list of actions designed to lead to the establishment of numeric goals as soon as practical. (d) As part of each plan developed under this part, each generator shall explain the rationale for each performance goal. Acts of God or other unforeseeable events beyond the control of the generator do not have to be considered in setting goals. The rationale for a particular performance goal shall address any impediments to hazardous waste reduction, including, but not limited to, the following: (1) The availability of technically practical hazardous waste reduction methods, including any anticipated changes in the future; (2) Previously implemented reductions of hazardous waste; (3) The economic practicability of available hazardous waste reduction methods, including any anticipated changes in the future. Examples of situations where hazardous waste reduction may not be economically practical include, but are not limited to: (A) For valid reasons of prioritization, a particular company has chosen first to address other more serious hazardous waste reduction concerns; (B) Necessary steps to reduce hazardous waste are likely to have significant adverse impacts on product quality; or (C) Legal or contractual obligations interfere with the necessary steps that would lead to hazardous waste reduction. (e) (1) The board, by rule, may provide for modifications and exclusions for small quantity generators related to the kind of information to be included in the plan. (2) The board may provide for exception by rule for generators whose hazardous waste streams fluctuate widely due to contract work or manufacturing orders. (f) A generator required to complete a hazardous waste reduction plan under subsection (a) may include as a preface to its initial plan: (1) An explanation and documentation regarding hazardous waste reduction efforts completed or in progress before the first reporting date; and (2) An explanation and documentation regarding impediments to hazardous waste reduction specific to the individual facility.

Legislative History

Acts 1990, ch. 754, § 6; 1991, ch. 130, § 2; T.C.A., § 68-46-305.