Toxics Use Reduction and Hazardous Waste Reduction

V.S.A. tit. 10, ch. 159, subch. 2

in effect

10 V.S.A. § 6623 Goals and purpose

6623. Goals and purpose (a) The goals of this subchapter are to: (1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible; (2) reduce the generation of hazardous waste; (3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects; (4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public. (b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, 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. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 1.

10 V.S.A. § 6624 Definitions

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.

10 V.S.A. § 6625 Toxics use reduction and hazardous waste reduction program

6625. Toxics use reduction and hazardous waste reduction program (a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter. (b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies. (c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users. (d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste. (e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find: (1) that the potential impact on public health and the environment is significant; and (2) that the potential for use reduction and waste reduction within the category is significant. (f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6. Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.

10 V.S.A. § 6626 Plan and report formats; data information system

6626. Plan and report formats; data information system (a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title. (b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall: (1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information; (2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable; (3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317; (4) identify additional data and information needs of the program. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 4.

10 V.S.A. § 6627 Technical and research assistance program

6627. Technical and research assistance program The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program: (1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter. (2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction. (3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements. (4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation. (5) The Department may also direct on-site technical assistance to generators and large users in developing the plans. (6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate. (7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment. (8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 5.

10 V.S.A. § 6628 Plan, plan summary, and performance report review

6628. Plan, plan summary, and performance report review (a) Except as provided for in this section, a toxics use reduction and hazardous waste reduction plan developed under this subchapter shall be retained at the facility and is not a public record under 1 V.S.A. § 317. If a person developing a toxics use reduction and hazardous waste reduction plan under this chapter chooses to send all or a portion of the plan to the Secretary for review, it is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. A plan summary submitted pursuant to section 6629 of this title shall be submitted to the Secretary and shall be a public record. (b) For the purposes of this subchapter, a Class A generator, Class B generator, or large user shall permit any designated employee of the Department to inspect the toxics use reduction and hazardous waste reduction plan. (c) The Department may review a plan, plan summary, or annual performance report to determine whether the plan, plan summary, or performance report is adequate according to the provisions of sections 6629 and 6630 of this title. If a Class A generator, Class B generator, or large user fails to complete an adequate plan, plan summary, or annual performance report, the Department, upon review of the plan, plan summary, or performance report shall notify the generator or user of the inadequacy, identifying the specific deficiencies. The Department shall specify a reasonable time frame of not less than 90 days nor more than 180 days within which the generator or user shall modify a plan, plan summary, or performance report to address the specified deficiencies, and the Department shall make technical assistance available to aid the generator or user in modifying its plan, plan summary, or performance report. (d) If the Department determines that a modified plan, plan summary, or performance report is inadequate, the Department may either require further modification or issue an administrative order pursuant to subsection (e) of this section. (e) If after having received a list of specified deficiencies from the Department, a Class A generator, Class B generator, or large user fails to develop an adequate plan, plan summary, or performance report within a time frame specified pursuant to subsection (c) or (d) of this section, the Department may order that generator or user to submit an adequate plan, plan summary, or performance report within a reasonable time frame of not less than 90 days. If the generator or user fails to develop an adequate plan, plan summary, or performance report within the time frame specified, a meeting shall be held between the generator or user, the Department, and the Secretary in a final attempt to resolve outstanding concerns and issues. If no compromise can be reached to modify the plan, plan summary, or performance report, the generator or large user shall submit to the Secretary any inadequate plan, and the Department shall conduct a public hearing on the plan, plan summary, or performance report. Except as provided under 1 V.S.A. § 317, in any hearing under this section, the relevant plan, plan summary, or performance report shall be considered a public record as defined in 1 V.S.A. § 317. (f) On or after October 1, 1992, and every two years thereafter, the Secretary shall select, by the SIC Code, at least two categories of generators with potential for toxics use reduction and hazardous waste reduction and shall: (1) examine the plans of selected generators and large users in the category, unless the Secretary determines that Agency resources are inadequate to complete plan reviews for all generators and users in the category, in which case the Secretary need only complete those that resources will accommodate; (2) determine whether the selected generators and large users that are reviewed comply with section 6629 of this title; (3) identify successful toxics use reduction and hazardous waste reduction approaches, including risk reduction, employed by generators and large users in the category and disseminate information concerning those approaches to generators and large users within the category. (g) On or after October 1, 1992 for Class A generators, on or after July 1, 1993 for Class B generators, and on or after July 1, 1996 for large users, the Secretary may inspect the plan, plan summary, or performance report. For generators that are both Class A or Class B generators and large users the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is not due until July 1, 1996. (h) In reviewing the adequacy of any plan, plan summary, or performance report, the Department shall base its determination solely on whether the plan, plan summary, or performance report is complete and prepared in accordance with section 6629 or 6630 of this title. The Department shall consider information provided under subsection 6629(b) in its review. (i) The Department shall maintain a log of each plan, plan summary, or performance report it reviews, a list of all plans, plan summaries, or performance reports that have been found inadequate under subsection (e) of this section and descriptions of corrective actions taken. This information shall be available to the public at the Department’s office. (j) Fees shall be submitted annually on March 31. Fees shall be submitted to the Secretary and deposited into the hazardous waste management account of the Waste Management Assistance Fund established under section 6618 of this title. Fees shall be computed according to the following: (1) $400.00 per toxic chemical identified pursuant to subdivision 6629(c)(4) of this title. (2) $400.00 per hazardous waste stream identified pursuant to subdivision 6629(c)(3) of this title. (3) Up to a maximum amount of: (A) $2,000.00 per plan for Class A generators. (B) $400.00 per plan for Class B generators. (C) $2,000.00 per plan for large users. (D) $4,000.00 per plan for Class A generators that are large users. (E) $1,200.00 per plan for Class B generators that are large users. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 6; 1995, No. 42, §§ 1, 3; 1997, No. 155 (Adj. Sess.), § 38; 2003, No. 163 (Adj. Sess.), § 23; 2011, No. 161 (Adj. Sess.), § 5; 2015, No. 29, § 18; 2015, No. 57, § 22.

10 V.S.A. § 6629 Toxics use reduction and hazardous waste reduction plan; plan summary

6629. Toxics use reduction and hazardous waste reduction plan; plan summary (a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdivisions (c)(3) or (c)(4) of this section. Initial plans shall be due on or before October 1, 1992 for Class A generators; on or before July 1, 1993 for Class B generators; and on or before July 1, 1996 for large users. Updated plans shall be prepared no later than July 1, 1996 and every third July 1 thereafter. For generators that are both Class A or Class B generators and large users, the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is due on July 1, 1996 as an integrated component of a toxics use and hazardous waste reduction plan. A toxics use reduction and hazardous waste reduction plan shall: (1) determine any toxics use reduction and hazardous waste reduction methods that may be implemented to reduce the use of toxic substances and hazardous waste generated without significantly shifting risks from one part of a process, environmental medium, or product to another; (2) include a plan to document and implement toxics use reduction methods and hazardous waste reduction methods identified in subdivision (1) of this subsection that are technically and economically feasible for the generator, including performance goals for the reduction of toxic substances and hazardous waste, and including a reasonable implementation schedule. (b) A facility required to complete a toxics use reduction and hazardous waste reduction plan may include as a preface to its initial plan: (1) An explanation and documentation regarding toxics use reduction and hazardous waste reduction efforts completed or in progress before the first reporting date. (2) An explanation and documentation regarding impediments to toxics use reduction and hazardous waste reduction specific to the individual facility. (c) The toxics use reduction and hazardous waste reduction plan shall be prepared for each site pursuant to the format adopted under section 6626 of this title and shall include: (1) The name and location of the site, including State plane coordinates. (2) The SIC Codes of the site. (3) Identification of each routinely generated hazardous waste resulting from ongoing processes or operations that has: (A) a yearly weight exceeding five percent of the total yearly weight of hazardous waste generated; (B) for acutely hazardous waste, a yearly weight exceeding five percent of the total yearly weight of acutely hazardous waste generated at the site. (4) Identification of each routinely used toxic substance resulting from ongoing processes or operations, exclusive of sale or distribution, that has: (A) a yearly weight exceeding 4,545.5 kg (10,000 lbs); or (B) a yearly weight of between 454.5 kg (1,000 lbs) and 4,545.4 kg (10,000 lbs) if the toxic substance comprises 10 percent or more of the total toxic substances used. (5) For each toxic substance and hazardous waste identified in subdivision (3) or (4) of this subsection, the plan shall include: (A) an estimate of the quantity of toxic substance, or raw material resulting in hazardous waste, used and hazardous waste generated; (B) an evaluation of feasible toxics use reduction and hazardous waste reduction methods available to the generator or large user. (6) A specification of, and a rationale for the technically and economically feasible toxics use reduction and hazardous waste reduction methods that will be taken by the generator or large user with respect to each toxic substance or hazardous waste identified in subdivision (3) or (4) of this subsection. The plan shall give priority to toxics use reduction methods. The plan shall document the generator’s or large user’s rationale for rejecting any available toxics use reduction or hazardous waste reduction method identified in subdivision (5) of this subsection. The generator or large user shall have the sole and final authority to determine which, if any, toxics use reduction or hazardous waste reduction methods will be implemented. (7) An evaluation of the effects of the chosen toxics use reduction or hazardous waste reduction method on emissions and discharges to air, water, or land, and with respect to whether or not that method adversely affects compliance with applicable laws, rules, and regulations. (8) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals. (9) A description of employee awareness programs that may include training programs specific to the implementation of the planning process to inform and involve the employees in toxic use reduction and hazardous waste reduction planning and implementation to the extent technically and economically feasible. (d) As part of each plan developed under this section, a large user or generator shall establish specific performance goals for the reduction of toxics and hazardous waste in the following categories: (1) Any toxic substance used in quantities in excess of 4,545.5 kg (10,000 lbs) a year or any toxic substance used in quantities between 454.5 kg (1,000 lbs) and 4,545.5 kg (10,000 lbs) per year that constitutes 10 percent or more of the total toxic substances used. (2) For Class A and Class B generators, any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year. (3) Whenever technically and economically practicable, the specific performance goals established shall be expressed in numeric terms. If the establishment of numeric goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable. (e) Each generator or large user shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to toxics use reduction and hazardous waste reduction, including the following: (1) The availability of technically practicable toxics use reduction and hazardous waste reduction methods, including any anticipated changes. (2) The economic practicability of available toxics use reduction and hazardous waste reduction methods, including any anticipated changes. Examples of situations where toxics use reduction or hazardous waste reduction may not be economically practicable include: (A) For valid reasons of prioritization, a particular facility has chosen to first address other more serious toxics use reduction or hazardous waste reduction concerns. (B) Necessary steps to reduce toxics use and hazardous waste are likely to have significant adverse impacts on product quality. (C) Legal or contractual obligations interfere with the necessary steps that would lead to toxics use reduction or hazardous waste reduction. (f) Class A and Class B generators and large users shall prepare and submit plan summaries and updated plan summaries by the respective deadlines established under subsection (a) of this section for the completion of plans and updated plans. The plan summary shall include: (1) For each toxic substance or hazardous waste identified in subdivision (c)(3) or (c)(4) of this section, a matrix form that indicates the toxics use reduction and hazardous waste reduction methods the large user or generator plans to implement in the next three years. On the horizontal axis of the matrix shall be listed the toxics use reduction and hazardous waste reduction methods of input substitution, product reformulation, production unit redesign, production unit modernization, improved operation and maintenance of production units, recycling or reuse integral to the production unit, and recycling outside the production process after the waste is generated. On the vertical axis shall be listed the following: method not considered, method considered but rejected (economic feasibility), method considered but rejected (technical feasibility), and method to be implemented. The large user or generator shall mark the intersection of a reduction or management technique on the horizontal axis with one of the options in the vertical axis. The larger user or generator shall provide a general written description of the information provided in the matrix and may provide any additional information to summarize the plan. (2) A list of toxic substances and hazardous wastes that are covered by the plan. (3) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals. (4) As an option, a description of the specific performance goals established under subsection (d) of this section. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 7; 1995, No. 42, § 2; 2019, No. 131 (Adj. Sess.), § 37.

10 V.S.A. § 6630 Toxics use reduction and hazardous waste reduction performance report

6630. Toxics use reduction and hazardous waste reduction performance report (a) On or before March 31, 1994, or March 31 of the year following the first plan, whichever is later, and annually thereafter, each generator or large user shall prepare and submit a hazardous materials management performance report to the House Committee on Environment and the Senate Committee on Natural Resources and Energy documenting toxics use reduction and hazardous waste reduction methods implemented by the generator or large user. (b) The performance report shall be prepared for each site in accordance with the format adopted pursuant to section 6626 of this title, and shall include: (1) The name and location of the site, including State plane coordinates. (2) The SIC Code for the site. (3) The following information for each hazardous waste or toxic substance identified under subsection 6629(c) of this title: (A) an estimate of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both on-site and off-site, during the current reporting year and the baseline year, as specified in subsection (c) of this section; (B) an estimate of the quantity of toxic substances, or raw material resulting in hazardous waste, used during the current reporting year and the baseline year, as specified in subsection (c) of this section; (C) an estimate of the percentage of toxics use reduction and hazardous waste reduction achieved by each toxics use reduction and hazardous waste reduction measure implemented since the baseline year as specified in subsection (c) of this section; (D) an assessment of the effect, during the current year, of each hazardous waste reduction measure and toxics use reduction measure implemented since the baseline year relative to each performance goal established in subsection 6629(d) of this title; (E) a description of factors during the current reporting year that have affected toxics use, hazardous waste generation, releases into the environment caused by use or waste generation as defined by the large user, Class A generator, and Class B generator status, and on-site and off-site hazardous waste management since the baseline year, including: (i) changes in business activity; (ii) changes in waste classification; (iii) natural phenomena; and (iv) other factors that have affected either the quantity of toxics used or hazardous waste generated or onsite and offsite hazardous waste management requirements; and (F) a description of wastes concentrated solely for purposes of reducing volume. (c) For purposes of subsection (b) of this section, the following definitions apply: (1) The current reporting year is the calendar year immediately preceding the year in which the report is to be prepared. (2) The baseline year is either of the following, whichever is applicable: (A) For the initial performance report, the baseline year is the calendar year selected by the generator or large user for which substantial toxics use, hazardous waste generation, or on-site or off-site management data is available, before the initial planning year. If the generator or large user selects the initial planning year as the baseline year for the initial report, the information required pursuant to subdivision (3) of subsection (b) of this section, for the initial report shall be provided for the initial planning year. The generator or large user may include as part of the report a description of accomplishments in toxics use reduction and hazardous waste reduction prior to the baseline year. (B) For all subsequent reports, the information of subsection (b) of this section shall be compared against the baseline year, the plan year, and the year immediately preceding this report if different than the plan year. (d) Every report completed pursuant to this section shall be submitted by the generator or large user for review and certification by an engineer who is registered as a Vermont professional engineer or by an individual who is responsible for the processes and operation of the site. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 8; 2011, No. 139 (Adj. Sess.), § 11, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 49b.

10 V.S.A. § 6632 Trade secrets

6632. Trade secrets The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential. Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 2015, No. 29, § 19.

10 V.S.A. § 6633 Interagency Committee on Chemical Management

6633. Interagency Committee on Chemical Management (a) Creation. There is created the Interagency Committee on Chemical Management in the State to: (1) evaluate chemical inventories in the State on an annual basis; (2) identify potential risks to human health and the environment from chemical inventories in the State; and (3) propose measures or mechanisms to address the identified risks from chemical inventories in the State. (b) Membership. The Interagency Committee on Chemical Management shall be composed of the following eight members: (1) the Secretary of Agriculture, Food and Markets or designee; (2) the Secretary of Natural Resources or designee; (3) the Commissioner of Health or designee; (4) the Commissioner of Labor or designee; (5) the Commissioner of Public Safety or designee; (6) the Secretary of Commerce and Community Development or designee; (7) the Secretary of Digital Services or designee; and (8) the Secretary of Transportation or designee. (c) Powers and duties. The Interagency Committee on Chemical Management shall: (1) Convene a citizen advisory panel to provide input and expertise to the Committee. The citizen advisory panel shall consist of persons available to the Committee on an as-needed basis to provide the following expertise: (A) one individual with expertise in toxicology; (B) one individual with expertise in environmental health; (C) one individual with expertise in maternal and child health; (D) one individual with expertise in industrial hygiene or occupational health; (E) one individual with expertise in human health and environmental risk assessment; (F) one individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements; (G) one individual with expertise in retail sales located in Vermont; (H) one individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements; (I) one individual associated with an academic institution with expertise in chemical management or chemical policy; (J) one individual with expertise in environmental law; (K) one individual with expertise in public policy, with a focus on chemical policy; and (L) one individual with expertise in development and administration of information reporting technology or databases. (2) Monitor actions taken by the U.S. Environmental Protection Agency (EPA) to regulate chemicals under the Toxic Substances Control Act, 15 U.S.C. chapter 53, and notify relevant State agencies of any EPA action relevant to the jurisdiction of the agency. (3) Annually review chemical inventories in the State in relation to emerging scientific evidence in order to identify chemicals of high concern not regulated by the State. (4) Develop written procedures, guidance, and other resources that are necessary and appropriate to carry out the functions of the Interagency Committee on Chemical Management. (d) Assistance. The Interagency Committee on Chemical Management shall have the administrative, technical, and legal assistance of the Agency of Natural Resources, the Agency of Agriculture, Food and Markets, the Department of Health, the Department of Public Safety, the Department of Labor, the Agency of Commerce and Community Development, and the Agency of Digital Services. (e) Report. On or before December 15, 2020 and biennially thereafter, the Interagency Committee on Chemical Management shall report to the Governor and make recommendations regarding the actions of the Committee in accordance with this section. Copies of the report shall be submitted to the Senate Committees on Natural Resources and Energy, on Health and Welfare, and on Economic Development, Housing and General Affairs and the House Committees on Natural Resources, Fish, and Wildlife, on Human Services, and on Commerce and Economic Development. The provisions of 2 V.S.A. § 20(d) regarding expiration of required reports shall not apply to the report to be made under this section. The report shall include: (1) a summary of chemical use in the State based on reported chemical inventories; (2) a summary of identified risks to human health and the environment from reported chemical inventories; (3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and (4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern. (f) Meetings. (1) The Secretary of Natural Resources or designee shall be the Chair of the Interagency Committee on Chemical Management. (2) The Secretary of Natural Resources or designee shall call the first meeting of the Interagency Committee on Chemical Management to occur on or before July 1, 2019. (3) A majority of the membership of the Interagency Committee on Chemical Management shall constitute a quorum. (g) Authority of agencies. The establishment of the Interagency Committee on Chemical Management shall not limit the independent authority of a State agency to regulate chemical use or management under existing State or applicable federal law. Added 2019, No. 75, § 1, eff. June 19, 2019.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/159Fetched: 10/21/2026