Bill Text: OR HB3492 | 2013 | Regular Session | Introduced
Bill Title: Relating to the reduction of pollutants.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3492 Detail]
Download: Oregon-2013-HB3492-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3882
House Bill 3492
Sponsored by Representatives GREENLICK, BAILEY, KOTEK; Senator
DINGFELDER (at the request of Neighbors for Clean Air)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates new definitions for provisions related to reduction of
use of toxic substances and reduction of generation of hazardous
waste.
Modifies policy related to reduction of use of toxic substances
and reduction of generation of hazardous waste.
Modifies factors Department of Environmental Quality considers
in identifying users and generators to which department gives
priority in providing certain technical assistance. Modifies
requirements related to certain plans.
Requires toxics users to give certain notification to
Department of Environmental Quality.
A BILL FOR AN ACT
Relating to the reduction of pollutants; creating new provisions;
and amending ORS 465.003, 465.006, 465.009, 465.012, 465.015,
465.018, 465.021, 465.027 and 465.032.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 465.003 is amended to read:
465.003. As used in ORS 465.003 to 465.034:
(1) 'Conditionally exempt generator' means a generator that
generates less than 2.2 pounds of acute hazardous waste as
defined by 40 C.F.R. 261 { + , as in effect on the effective date
of this 2013 Act, + } and that generates less than 220 pounds of
hazardous waste in one calendar month.
(2) '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 or by
any person that controls, is controlled by or under common
control with any person.
(3) 'Fully regulated generator' means a generator that
generates 2.2 pounds or more of acute hazardous waste as defined
by 40 C.F.R. 261, { + as in effect on the effective date of this
2013 Act, + } or 2,200 pounds or more of hazardous waste in one
calendar month.
(4) 'Generator' means a person that, by virtue of ownership,
management or control, is responsible for causing or allowing to
be caused the creation of hazardous waste.
(5) 'Hazardous waste' has the meaning given that term in ORS
466.005.
(6) 'Large user' means a facility required to submit a uniform
toxic chemical release form under 42 U.S.C. 11023 { + , as in
effect on the effective date of this 2013 Act + }.
{ + (7) 'Major HAP source' means a source of hazardous air
pollutants defined as a major source under 42 U.S.C. 7412(a), as
in effect on the effective date of this 2013 Act. + }
{ - (7) - } { + (8) + } 'Person' includes person, public
body, as defined in ORS 174.109, the federal government or any
other legal entity.
{ - (8) - } { + (9) + } 'Small-quantity generator' means a
generator that generates between 220 and 2,200 pounds of
hazardous waste in one calendar month.
{ + (10) 'Toxic air pollutant' means:
(a) Any hazardous air pollutant listed under 42 U.S.C.
7412(b), as in effect on the effective date of this 2013 Act;
(b) Any hazardous air pollutant specified by rule of the
Environmental Quality Commission pursuant to ORS 468A.025 or
468A.310; or
(c) Any air pollutant known or suspected to cause cancer or
other serious health effects and for which the Environmental
Quality Commission has established health-based exposure goals by
rule pursuant to ORS 468A.025.
(11) 'Toxics reduction plan' means a plan required under ORS
465.015 that addresses toxics use reduction, hazardous waste
reduction or toxic air pollutant reduction. + }
{ - (9) - } { + (12) + } 'Toxic substance' or 'toxics'
means any substance, other than a substance used as a pesticide
in routine commercial agricultural applications, in a gaseous,
liquid or solid state specified on the list of toxic chemicals
generated
{ - pursuant to - } { + under + } 42 U.S.C. 11023, { + as in
effect on the effective date of this 2013 Act, + } or any
substance added by the Environmental Quality Commission under ORS
465.009.
{ - (10) - } { + (13) + } 'Toxics use' means use { + , + }
{ - or - } production { + or emission + } of a toxic
substance.
{ - (11) - } { + (14) + } 'Toxics use reduction' means
in-plant changes in production or other processes or operations,
products or raw materials that reduce, avoid or eliminate the
use { + , + } { - or - } production { + or emission + } of
toxic substances without creating substantial new risks to public
health, safety and the environment, through the application of
any of the following techniques:
(a) Input substitution, achieved by replacing a toxic substance
or raw material used in a production or other process or
operation with a nontoxic or less toxic substance;
(b) Product reformulation, achieved by substituting for an
existing end product, an end product that is nontoxic or less
toxic upon use, release or disposal;
(c) Production or other process or operation redesign or
modifications;
(d) Production or other process or operation modernization,
achieved by upgrading or replacing existing equipment and methods
with other equipment and methods;
(e) Improved operation and maintenance controls of production
or other process or operation equipment and methods, achieved by
modifying or adding to existing equipment or methods including,
but not limited to, techniques such as improved housekeeping
practices, system adjustments, product and process inspections or
production or other process or operation control equipment or
methods; or
(f) Recycling, reuse or extended use of toxics by using
equipment or methods that become an integral part of the
production or other process or operation of concern, including
but not limited to filtration and other methods.
{ - (12) - } { + (15) + } 'Toxics user' means a large user,
a fully regulated generator { + , + } { - or - } a
small-quantity generator { + or a major HAP source + }.
{ - (13) - } { + (16) + } 'Waste reduction' means:
(a) Any activity conducted after hazardous waste is generated
that is consistent with the general goal of reducing present and
future threats to public health, safety and the environment and
that results in:
(A) The reduction of total volume or quantity of hazardous
waste generated that would otherwise be treated, stored or
disposed of;
(B) The reduction of toxicity of hazardous waste that would
otherwise be treated, stored or disposed of; or
(C) Both the reduction of total volume or quantity and the
reduction of toxicity of hazardous waste.
(b) On-site or off-site treatment where the treatment can be
shown to confer a higher degree of protection of the public
health, safety and the environment than other technically and
economically practicable waste reduction alternatives.
SECTION 2. ORS 465.006 is amended to read:
465.006. (1) In the interest of protecting the public health,
safety and the environment, the Legislative Assembly declares
that it is the policy of the State of Oregon to encourage
reduction in the use of toxic substances { + , + } { - and - }
to reduce the generation of hazardous waste { + and to reduce
emissions of toxic air pollutants + } whenever technically and
economically practicable, without shifting risks from one part of
a process, environmental media or product to another. Priority
shall be given to methods that reduce the amount of toxics used
and, where that is not technically and economically practicable,
methods that reduce the generation of hazardous waste.
(2) The Legislative Assembly finds that the best means to
achieve the policy set forth in subsection (1) of this section is
by:
(a) Providing toxics users and generators with technical
assistance;
(b) Requiring toxics users to engage in comprehensive planning
and develop measurable performance goals; and
(c) Monitoring the use of toxic substances { + , + }
{ - and - } the generation of hazardous waste { + and the
generation of emissions of toxic air pollutants + }.
SECTION 3. ORS 465.009 is amended to read:
465.009. The Environmental Quality Commission by rule may:
(1) Add or remove any toxic substance { + , + } { - or - }
hazardous waste { + or toxic air pollutant + } from the
provisions of ORS 465.003 to 465.034; and
(2) Modify the definition of 'large user' to coincide with the
amounts specified in federal regulations for the reporting of
toxic chemical releases.
SECTION 4. ORS 465.012 is amended to read:
465.012. (1) The Department of Environmental Quality shall
provide technical assistance to toxics users and conditionally
exempt generators. In identifying the users and generators to
which the department shall give priority in providing technical
assistance, the department shall consider at least the following:
(a) Amounts and toxicity of toxics used { + , + } { - and - }
amounts of hazardous waste disposed of, discharged and
released { + and toxic air pollutants released into the ambient
air + };
(b) Potential for current and future toxics use
reduction { + , + }
{ - and - } hazardous waste reduction { + and toxic air
pollutant reduction + }; and
(c) The toxics related exposures and risks posed to public
health, safety and the environment.
(2) In providing technical assistance, the department shall
give priority to assisting toxics users and conditionally exempt
generators in completing and implementing an adequate toxics
{ - use - } reduction { - and hazardous waste reduction - }
plan under ORS 465.015. The assistance may include but need not
be limited to:
(a) Information clearinghouse activities;
(b) Telephone hotline assistance;
(c) Toxics use reduction { + , + } { - and - } hazardous
waste reduction { + and toxic air pollutant reduction + }
training workshops;
(d) Establishing a technical publications library;
(e) The development of a system to evaluate the effectiveness
of toxics use reduction { + , + } { - and - } hazardous waste
reduction { + and toxic air pollutant reduction + } measures;
(f) The development of a recognition program to publicly
acknowledge toxics users and conditionally exempt generators that
complete and implement successful toxics { - use - } reduction
{ - and hazardous waste reduction - } plans; and
(g) Direct on-site assistance to toxics users and conditionally
exempt generators in completing the plans.
(3) The department shall:
(a) Coordinate its technical assistance efforts with industry
trade associations and local colleges and universities as
appropriate.
(b) Follow up with toxics users that receive technical
assistance to determine whether the user { + , + } { - or - }
generator { + or emitter + } implemented a toxics { - use - }
reduction { - and hazardous waste reduction - } plan.
(c) Coordinate and work with local agencies to provide
technical assistance to businesses involved in the crushing of
motor vehicles concerning the safe removal and proper disposal of
mercury light switches from motor vehicles.
(4) Technical assistance services provided under this section
shall not result in inspections or other enforcement actions
unless there is reasonable cause to believe there exists a clear
and immediate danger to the public health and safety or to the
environment. The Environmental Quality Commission may develop
rules to carry out the intent of this subsection.
SECTION 5. ORS 465.015 is amended to read:
465.015. (1) Except as provided in subsection (2) of this
section, a person shall, within 120 days after notification in
writing by the Department of Environmental Quality that the
person meets the definition of a toxics user, complete a toxics
{ - use - } reduction { - and hazardous waste reduction - }
plan. At a minimum, a plan shall include:
(a) A written policy articulating organizational support for
the toxics { - use - } reduction { - and hazardous waste
reduction - } plan and a commitment by the organization to
implement plan goals.
(b) A description of { - its - } { + the + } scope and
objectives { + of the plan + }, including the evaluation of
technologies, procedures and personnel training programs to
ensure unnecessary toxic substances are not used and unnecessary
waste is not generated.
(c) Internal analysis and periodic assessment of individual
processes for toxics use and hazardous waste generation. { + If
the toxics user is a major HAP source, then the plan must also
include internal analysis and periodic assessment of individual
processes for toxic air pollutant reduction. + }
(d) Identification of opportunities to reduce or eliminate
toxics use and hazardous waste generation. { + If the toxics
user is a major HAP source, then the plan must also include
identification of opportunities to reduce or eliminate the
generation of emissions of toxic air pollutants. + }
(e) Employee awareness and training programs that involve
employees in toxics use reduction and hazardous waste reduction
planning and implementation. { + If the toxics user is a major
HAP source, then the plan must also include employee awareness
and training programs that involve employees in toxic air
pollutant reduction planning and implementation. + }
(f) Institutionalization of the plan by incorporating the plan
into management practices and procedures.
(2) A person is not required to complete a plan if the person
has implemented an environmental management system, as defined in
ORS 468.172.
{ + (3) A toxics user that is a major HAP source and that has
previously developed a toxics reduction plan or environmental
management system required under this section that does not
address the generation of emissions of toxic air pollutants into
the ambient air shall, within 120 days after notification in
writing by the department, amend the plan or system to
incorporate opportunities to reduce or eliminate the generation
of emissions of toxic air pollutants into the ambient air
consistent with the requirements for a plan or system specified
in this section. + }
{ - (3) - } { + (4) + } A toxics user shall incorporate
into the plan and associated decision-making process, the costs
of using toxic substances and generating hazardous waste. { + If
the toxics user is a major HAP source, the plan and associated
decision-making process must also incorporate the costs of
emitting toxic air pollutants into the ambient air. + } The costs
may represent, among other things, the costs of management,
liability insurance, regulatory compliance and oversight.
{ - (4) - } { + (5) + } As part of each plan, a toxics user
shall evaluate technically and economically practicable toxics
use reduction and hazardous waste reduction opportunities for:
(a) Any toxic substance for which the toxics user reports as a
large user; and
(b) Any hazardous waste representing 10 percent or more by
weight of the cumulative hazardous waste stream generated per
year.
{ + (6) As part of each plan, a toxics user that is a major
HAP source shall also evaluate technically and economically
practicable opportunities to reduce or eliminate the generation
of emissions of any toxic air pollutant into the ambient air,
except that the commission by rule may exempt de minimis
emissions from the requirements of this subsection. + }
{ - (5) - } { + (7) + } A toxics user shall explain the
rationale for each toxics use reduction { + , + } { - and - }
waste reduction { + and toxic air pollutant reduction + }
opportunity specified in the plan, including any impediments,
such as technical or economic barriers, to toxics use
reduction { + , + } { - and - } hazardous waste reduction { +
and toxic air pollutant reduction + }.
{ - (6) - } { + (8) + } A toxics { - use - } reduction
{ - and hazardous waste reduction - } plan developed under this
section or the documentation for an environmental management
system shall be retained at the facility. To the extent that a
plan or system may be considered a public record under ORS
192.410, the information contained in the plan or system is
confidential and is exempt from public disclosure { - pursuant
to - } { + under + } ORS 192.502.
{ - (7) - } { + (9) + } It is the policy of this state that
plans developed under this section be kept current and that the
plans reflect changes in toxics use over time. In furtherance of
this policy, a toxics user may update its plan or modify its
environmental management system to reflect any changes.
SECTION 6. ORS 465.018 is amended to read:
465.018. (1) { + A toxics user shall notify the Department of
Environmental Quality in a form determined by the department that
the toxics reduction plan or environmental management system is
in place + } following completion of a { - toxics use reduction
and hazardous waste reduction - } plan under ORS
465.015 { + , + } { - or - } implementation of { - an
environmental management system, a toxics user shall notify the
Department of Environmental Quality in a form determined by the
department that the plan or system is in place - } { + a system
under ORS 465.015, or, for any toxics user that is a major HAP
source that must amend its toxics reduction plan or environmental
management system to address toxic air pollutants, completion of
an amended toxics reduction plan or environmental management
system under ORS 465.015 + }.
(2) Twelve months after notifying the department under
subsection (1) of this section, the toxics user shall provide an
implementation summary to the department.
(3) Twenty-four months after notifying the department under
subsection (1) of this section, the toxics user shall provide a
second implementation summary to the department.
{ + (4) A toxics user may submit a subsequent implementation
summary at any time after submitting the second implementation
summary under subsection (3) of this section. + }
{ - (4) - } { + (5) + } A toxics user shall permit the
Director of the Department of Environmental Quality or the
director's designee to inspect a plan or system to allow the
department to:
(a) Determine the adequacy of the plan or system under ORS
465.021;
(b) Assess the implementation of the plan or system; and
(c) Provide technical assistance under ORS 465.012.
{ - (5) - } { + (6) + } The department shall make
implementation summaries submitted to the department under this
section available to the public, including making the summaries
available in a commonly used, electronic format on the World Wide
Web.
SECTION 7. ORS 465.021 is amended to read:
465.021. (1) The Department of Environmental Quality may review
and determine the adequacy of a toxics { - use - } reduction
{ - and hazardous waste reduction - } plan or an environmental
management system.
(2) If a toxics user fails to complete an adequate plan,
implement an adequate system or submit an adequate implementation
summary, the department may notify the toxics user of the
inadequacy, identifying the specific deficiencies. The department
also may specify a reasonable time frame, of not less than 90
days, within which the toxics user shall modify the plan, system
or implementation summary to address the specified deficiencies.
The department also may make technical assistance available to
aid the toxics user in modifying its plan, system or
implementation summary.
(3) If the department determines that a modified plan, system
or implementation summary is inadequate, the department may
require that further modifications be made within a time frame
specified by the department.
(4) If after having received notice of specified deficiencies
from the department, a toxics user fails to develop an adequate
plan, system or summary within a time frame specified
{ - pursuant to - } { + under + } subsection (2) or (3) of
this section, the department may assess a civil penalty in the
manner provided by ORS 183.745 in an amount not to exceed $500
for each day that the toxics user fails to develop an adequate
plan, system or summary.
(5) In reviewing the adequacy of any plan, system or summary,
the department shall base its determination solely on whether the
plan, system or summary is complete and prepared in accordance
with ORS 465.015 or 465.032.
SECTION 8. ORS 465.027 is amended to read:
465.027. Subject to available funding, the Department of
Environmental Quality shall contract with an established
institution of higher education to assist the department in
carrying out the provisions of ORS 465.003 to 465.034. The
assistance shall emphasize strategies to encourage toxics use
reduction { + , + } { - and - } hazardous waste reduction
{ + and toxic air pollutant reduction, + } and shall provide
assistance to facilities under ORS 465.003 to 465.034. The
assistance may include but need not be limited to:
(1) Engineering internships;
(2) Engineering curriculum development;
(3) Applied toxics use reduction { + , + } { - and - }
hazardous waste reduction { + and toxic air pollutant
reduction + } research; and
(4) Engineering assistance to users { + , + } { - and - }
generators { + and emitters + }.
SECTION 9. ORS 465.032 is amended to read:
465.032. An implementation summary submitted to the Department
of Environmental Quality under ORS 465.018 shall be in a form
determined by the department and shall include, but not be
limited to:
(1) A summary of how the toxics { - use - } reduction
{ - and hazardous waste reduction - } plan or environmental
management system has been implemented;
(2) A description of specific successes that the toxics user
has had in reducing { + , as applicable, + } the use of toxic
substances { + , + }
{ - or - } the generation of hazardous wastes { + , or the
generation of emissions of toxic air pollutants into the ambient
air + };
(3) An estimate of the challenges and impediments to
implementing and evaluating { + , as applicable, + } toxics use
reduction { + , + }
{ - and - } hazardous waste reduction { + , and toxic air
pollutant reduction + } opportunities; and
(4) A description of future plans { + , as applicable, + } for
toxics use reduction { + , + } { - and - } hazardous waste
reduction { + , and toxic air pollutant reduction + }.
SECTION 10. { + The amendments to ORS 465.003, 465.006,
465.009, 465.012, 465.015, 465.018, 465.021, 465.027 and 465.032
by sections 1 to 8 of this 2013 Act apply to plans completed,
plans amended and notifications and implementation summaries
submitted on or after the effective date of this 2013 Act. + }
----------
