Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-333 - Persistent bioaccumulative toxins › Part IV - CHEMICAL ACTION PLANS (CAPs) › Section 173-333-420 - What are the contents of a CAP?

Current through Register Vol. 24-14, July 15, 2024
(1)
Contents of the chemical action plans.
Chemical action plans will
				include, as appropriate, the following types of information, evaluations and
				recommendations:
(a)
General chemical
				information.
General information includes, but is not limited to,
				chemical name, properties, uses and manufacturers.
(b)
Production, uses and
				releases.
An analysis of information on the production, unintentional
				production, uses and disposal of the chemical. This will include estimates on
				the amount of each PBT used and released from all sources or activities in
				Washington and other man-made and naturally occurring sources that may
				contribute to exposures in Washington. Sources may include other chemicals or
				products that are known or suspected to degrade to the chemical included on the
				PBT list.
(c)
Human health
				and environmental impacts.
Information on the potential impacts on human
				health and the environment associated with the use and release of the PBT
				chemical. This will include consideration of available information on the
				levels of the PBT present in Washington's environment, potential for exposure,
				the likely fate and transport mechanisms, available body-burden data, toxicity
				effects, and the rates of diseases that have been associated with exposure to
				the particular PBT.
(d)
Current management approaches.
An evaluation of the regulatory and
				nonregulatory approaches that influence production, uses, releases and
				management of each PBT.
(e)
Identification of policy options.
A list of options for managing,
				reducing and phasing out the different uses and releases of the PBTs addressed
				in the CAP. The range of options for particular uses and releases will include:
(i) A no-action option;
(ii) An option that results in the phase out
				of PBT uses and releases;
(iii) An
				option to manage chemicals to reduce exposure; and
(iv) Other options, including the use of
				available substitutes, which will enable full consideration of the
				opportunities and constraints for reducing particular uses, releases and
				exposures.
(f)
Recommendations.
Recommendations for:
(i) Reducing and phasing-out uses and
				releases of the specific PBT or group of PBTs addressed in the CAP;
(ii) Managing products or wastes that contain
				the specific PBT or group of PBTs addressed in the CAP;
(iii) Minimizing exposure to the specific PBT
				or group of PBTs;
(iv) Switching to
				safer substitutes; and
(v)
				Encouraging the development of safer alternatives.
The recommendations will be based on an evaluation of the
				  following factors:
(A) Environmental
				and human health benefits associated with implementing the action;
(B) Economic and social impacts associated
				with implementing the action;
(C)
				Feasibility of implementing the action;
(D) Availability and effectiveness of safer
				substitutes for uses of the PBT being addressed in the plan; and
(E) Consistency with existing federal and
				state regulatory requirements.
(g)
Implementation steps.
A
				description of the steps ecology will take to implement the CAP, including a
				description of:
(i) The existing resources and
				necessary additional budget ecology intends to use;
(ii) Potential funding sources for CAP
				implementation, including those that tie implementation costs to PBT sources
				and products;
(iii) How ecology
				intends to inform and educate affected persons about the CAP;
(iv) How ecology will promote, assist, and
				evaluate the effectiveness of voluntary actions;
(v) How ecology will collect additional
				information needed to evaluate the feasibility of potential actions;
				and
(vi) Any recommended regulatory
				actions and how ecology will pursue them.
(h)
Performance measures.
A
				description of interim milestones to assess progress and the use of objectively
				measurable outcomes, including recommendations for environmental and human
				health monitoring to measure levels of the chemical(s) (in the CAP) over time
				and whether the goals and purposes of the CAP are being achieved.
(i)
Other.
Other information
				that ecology determines is necessary to support the decision-making
				process.