25244.19
. (a) On or before September 1, 1991, and every four years
thereafter, each generator shall conduct a source reduction
evaluation review and plan pursuant to subdivision (b).
(b) Except as provided in subdivision (c), the source reduction
evaluation review and plan required by subdivision (a) shall be
conducted and completed for each site pursuant to the format adopted
pursuant to subdivision (a) of Section 25244.16 and shall include, at
a minimum, all of the following:
(1) The name and location of the site.
(2) The SIC Code of the site.
(3) Identification of all routinely generated hazardous waste
streams that annually weigh 600 kilograms or more and that result
from ongoing processes or operations and exceed 5 percent of the
total yearly weight of hazardous waste generated at the site, or, for
extremely hazardous waste, that annually weigh 0.6 kilograms or more
and exceed 5 percent of the total yearly weight of extremely
hazardous waste generated at the site. For purposes of this
paragraph, a hazardous waste stream identified pursuant to this
paragraph shall also meet one of the following criteria:
(A) It is a hazardous waste stream processed in a wastewater
treatment unit that discharges to a publicly owned treatment works or
under a national pollutant discharge elimination system (NPDES)
permit, as specified in the Federal Water Pollution Control Act, as
amended (33 U.S.C. Sec. 1251 and following).
(B) It is a hazardous waste stream that is not processed in a
wastewater treatment unit and its weight exceeds 5 percent of the
weight of the total yearly volume at the site, less the weight of any
hazardous waste stream identified in subparagraph (A).
(4) For each hazardous waste stream identified in paragraph (3),
the review and plan shall include all of the following information:
(A) An estimate of the quantity of hazardous waste generated.
(B) An evaluation of source reduction approaches available to the
generator that are potentially viable. The evaluation shall consider
at least all of the following source reduction approaches:
(i) Input change.
(ii) Operational improvement.
(iii) Production process change.
(iv) Product reformulation.
(5) A specification of, and a rationale for, the technically
feasible and economically practicable source reduction measures that
will be taken by the generator with respect to each hazardous waste
stream identified in paragraph (3). The review and plan shall fully
document any statement explaining the generator's rationale for
rejecting any available source reduction approach identified in
paragraph (4).
(6) An evaluation, and, to the extent practicable, a
quantification, of the effects of the chosen source reduction method
on emissions and discharges to air, water, or land.
(7) A timetable for making reasonable and measurable progress
towards implementation of the selected source reduction measures
specified in paragraph (5).
(8) Certification pursuant to subdivision (d).
(9) A generator subject to this article shall include in its
source reduction evaluation review and plan four-year numerical goals
for reducing the generation of hazardous waste streams through the
approaches provided for in subparagraph (B) of paragraph (4), based
upon its best estimate of what is achievable in that four-year
period.
(10) A summary progress report that briefly summarizes and, to the
extent practicable, quantifies, in a manner that is understandable
to the general public, the results of implementing the source
reduction methods identified in the generator's review and plan for
each waste stream addressed by the previous plan over the previous
four years. The report shall also include an estimate of the amount
of reduction that the generator anticipates will be achieved by the
implementation of source reduction methods during the period between
the preparation of the review and plan and the preparation of the
generator's next review and plan.
(c) If a generator owns or operates multiple sites with similar
processes, operations, and waste streams, the generator may prepare a
single multisite review and plan addressing all of these sites.
(d) Every review and plan conducted pursuant to this section shall
be submitted by the generator for review and certification by an
engineer who is registered as a professional engineer pursuant to
Section 6762 of the Business and Professions Code and who has
demonstrated expertise in hazardous waste management, by an
individual who is responsible for the processes and operations of the
site, or by an environmental assessor who has demonstrated expertise
in hazardous waste management. The engineer, individual, or
environmental assessor shall certify the review and plan only if the
review and plan meet all of the following requirements:
(1) The review and plan addresses each hazardous waste stream
identified pursuant to paragraph (3) of subdivision (b).
(2) The review and plan addresses the source reduction approaches
specified in subparagraph (B) of paragraph (4) of subdivision (b).
(3) The review and plan clearly sets forth the measures to be
taken with respect to each hazardous waste stream for which source
reduction has been found to be technically feasible and economically
practicable, with timetables for making reasonable and measurable
progress, and properly documents the rationale for rejecting
available source reduction measures.
(4) The review and plan does not merely shift hazardous waste from
one environmental medium to another environmental medium by
increasing emissions or discharges to air, water, or land.
(e) At the time a review and plan is submitted to the department
or the unified program agency, the generator shall certify that the
generator has implemented, is implementing, or will be implementing,
the source reduction measures identified in the review and plan in
accordance with the implementation schedule contained in the review
and plan. A generator may determine not to implement a measure
selected in paragraph (5) of subdivision (b) only if the generator
determines, upon conducting further analysis or due to unexpected
circumstances, that the selected measure is not technically feasible
or economically practicable, or if attempts to implement that measure
reveal that the measure would result in, or has resulted in, any of
the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in the release of hazardous chemicals to other
environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to
human health or the environment.
(f) If the generator elects not to implement the review and plan,
including, but not limited to, a selected measure pursuant to
subdivision (e), the generator shall amend its review and plan to
reflect that election and include in the review and plan proper
documentation identifying the rationale for that election.