§ 67100.4. Plan.

(a) On or before September 1, 1991 and every four years thereafter that hazardous or extremely hazardous waste generation exceeds the thresholds in section 67100.2(a) of these regulations, each generator shall conduct a source reduction evaluation review and plan pursuant to section 67100.5 of these regulations.

(b) Except as provided in sections 67100.2(h) and 67100.2(i) of these regulations, a source reduction evaluation review and plan shall be prepared for each site.

(c) At the time a review and plan is submitted to the Department, 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 according to the implementation schedule contained in the review and plan. A generator may determine not to implement a source reduction measure selected in section 67100.5(m) of these regulations 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 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.

(d) If the generator elects not to implement the review and plan, including, but not limited to, a selected measure pursuant to section 67100.5(m) of these regulations, the generator shall amend its review and plan within 90 days to reflect this rejection and include in the review and plan proper documentation identifying the rationale for this rejection.

HISTORY

1. New section filed 8-27-91; operative 9-26-91 (Register 92, No. 13).

2. Amendment of section heading, subsection (a) and Note filed 9-27-93 as an emergency; operative 9-27-93 (Register 93, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-25-94 or emergency language will be repealed by operation of law on the following day.

3. Amendment of section heading, subsection (a) and Note refiled 1-25-94 as an emergency; operative 1-25-94 (Register 94, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-25-94 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-25-94 order including amendment of subsection (b) transmitted to OAL 4-21-94 and filed 6-3-94 (Register 94, No. 22).

5. Change without regulatory effect amending section heading and section filed 6-19-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 25).

Note

Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code.