The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 159 : Waste Management

Subchapter 002 : Toxics Use Reduction and Hazardous Waste Reduction

• § 6624. Definitions

  For purposes of this subchapter, in addition to the provisions of section 6602 of this title, the following definitions apply:

  (1) “Class A generator” means a generator who generates 1,000 kg (2,200 lbs) or more of hazardous waste in one calendar month.

  (2) “Class B generator” means a generator who generates more than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in one calendar month and generates more than 1,200 kg (2,640 lbs) of hazardous waste in one calendar year.

  (3) “Exempt small quantity generator” means a generator, as defined by 40 CFR § 261.5, who generates less than 100 kg (220 lbs) of hazardous waste or who generates less than 1 kg (2.2 lbs) of acute hazardous waste in one calendar month.

  (4) “Large user” means a facility with 10 or more full-time employees that is in the Standard Industrial Classification (SIC) Code required by the Secretary to report and that:

  (A) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 4,545.5 kg (10,000 lbs) of a toxic substance per year; or

  (B) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 454.4 kg (1,000 lbs) but less than 4,545.5 kg (10,000 lbs) of a toxic substance per year if that substance accounts for more than 10 percent of the total of toxic substances used at the facility during the year.

  (5)(A) “Hazardous waste reduction” means any recycling or other activity applied 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. Reduction may be proportionate to the increase or decrease in production or other business changes. The recycling or other activity shall result in:

  (i) the reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored, or disposed of; or

  (ii) the reduction of toxicity of hazardous waste that would otherwise be treated, stored, or disposed of; or

  (iii) both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

  (B) “Hazardous waste reduction” shall not:

  (i) result in the significant transfer of hazardous constituents from one environmental medium to another;

  (ii) include concentrating waste solely for the purposes of reducing volume;

  (iii) use dilution as a means of reducing toxicity; or

  (iv) include incineration.

  (C) “Hazardous waste reduction” may include on-site and off-site treatment where it can be shown that such treatment confers a higher degree of protection of the public health, safety, and the environment than other technically and economically practicable waste reduction alternatives.

  (6) “Risk reduction” means a reduction in volume or toxicity, or both, of a hazardous or toxic substance by a method that does not merely shift the risk to another environmental medium, or create a new environmental risk to human health or the environment.

  (7) “Toxic substance” or “toxics” mean any substance in a gaseous, liquid, or solid state listed pursuant to Title III, Section 313 of the Superfund Amendments and Reauthorization Act of 1986. This list of substances may be altered as specified in subsection 6625(d) of this title. “Toxic substance” or “toxics” does not include constituents of fuels used to provide energy, unless those fuels include hazardous wastes from a generator’s process.

  (8)(A) “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 of toxic substances or raw materials that result in generation of hazardous wastes, without creating substantial new risks to public health, safety, and the environment, through the application of any of the following techniques:

  (i) input substitution, meaning to replace a toxic substance, or a raw material that results in the generation of hazardous waste, used in a production or other process or operation with a nontoxic or less toxic substance;

  (ii) product reformulation, meaning to modify an existing end product in order to reduce toxic substance inputs or raw materials that result in the generation of hazardous wastes;

  (iii) production or other process or operation redesign or modifications;

  (iv) production or other process or operation modernization, including upgrading or replacing existing equipment and methods with other equipment and methods;

  (v) improved operation and maintenance controls of production or other process or operation equipment and methods, by modifying or adding to existing equipment or methods including techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

  (vi) recycling, reuse, or extended use of toxics or raw materials that result in the generation of hazardous waste, by using equipment or methods that become an integral part of the production or other process or operation of concern, including filtration and other methods.

  (B) “Toxics use reduction” includes proportionate changes in the usage of a particular toxic substance, or a raw material that results in the generation of hazardous waste, by any of the methods set forth in subdivision (8)(A) of this section as the usage of that toxic substance or raw material changes as a result of production changes or other business changes.

  (9) “Toxics use” means use or production of a toxic substance, exclusive of sales or distribution. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 2.)