(1) The toxics user
shall establish and maintain at the facility documentation which is necessary
to substantiate all information submitted in each report, including, but not
limited to, the following:
(a) documentation
required by
40
CFR Part 372.10;
(b) documentation supporting the toxics
user's determination of the quantity of the toxic substance manufactured,
processed, or otherwise used at the facility. If, in determining the quantity
of the toxic substance manufactured, processed or otherwise used at the
facility, the toxics user does not consider any or all of a toxic substance
pursuant to
310
CMR 50.20, the toxics user shall maintain
documentation necessary to support the exclusion;
(c) documentation supporting the toxics
user's determination of the quantity of the covered toxic generated as
byproduct, prior to any handling, treatment, transfer, or release, by the
facility;
(d) documentation
supporting the toxics user's determination of the quantity of the covered toxic
shipped from the facility as or in product;
(e) documentation supporting the toxics
user's determination of the amount of the covered toxic manufactured,
processed, or otherwise used in each production unit at the facility;
(f) documentation supporting the toxics
user's determination of the quantity of the covered toxic generated as
byproduct by each production unit;
(g) documentation supporting the toxics
user's determination of the quantity of the covered toxic used to treat waste
or control pollution;
(h) for each
production unit included in the report, documentation supporting and explaining
the toxics user's designation of the production unit;
(i) documentation supporting the toxics
user's determination of the number of units of product produced by each
production unit and documentation that describes and defines the unit of
product.
(j) for each production
unit in which the use of a toxic substance or generation of byproduct increased
or decreased by more than 10% from the previous reporting year the following
documentation:
1. documentation supporting the
toxics user's determination that implementation of a specific toxics use
reduction technique, management technique, combination of techniques, or other
factors resulted in the change in toxics use or byproduct generation for a
specific production operation;
2.
an explanation and description of each toxics use reduction technique,
management technique, combination of techniques, or other factors that resulted
in the change in toxics use or byproduct generation, including a description of
how the toxics use reduction technique, management technique, or combination of
techniques was used on the production operation.
(2) If a toxics user claims that
the facility has less than ten full-time employees and is exempt from the
reporting requirements of
310 CMR 50.30
pursuant to
310 CMR
50.31(3), the toxics user
shall maintain documentation at the facility supporting such claim.
(3) If a toxics user does not include in the
toxics use report information associated with a pilot plant, a pilot production
unit, or a start-up production unit pursuant to
310 CMR
50.32(12)(a)1.,2., or 3.,
the toxics user shall maintain documentation necessary to support the
determination that the pilot plant, pilot production unit, or start-up
production unit is excluded pursuant to
310 CMR
50.32(12)(a)1.,2. or 3. The
toxics user shall also maintain documentation necessary to explain any
discrepancy between the total quantity of the covered toxic manufactured,
processed, or otherwise used by the facility as reported in the report and the
aggregate quantity of the covered toxic manufactured, processed, or otherwise
used by all production units for which information is included in the report
attributable to the pilot plant, pilot production unit, or start-up production
unit for which information is not included in the report.
(4) The toxics user shall maintain at the
facility a copy of each toxics use report, and supporting documentation, for a
period of at least five years after the date that the report was due.
(5) All records and documentation established
or maintained pursuant to 310 CMR 50.36 shall be readily available for purposes
of inspection and copying by the Department.
