Current through Register 1537, December 20, 2024
(1) Toxics users shall evaluate the technical
feasibility of each technology, procedure, or training program listed in the
plan pursuant to
310
CMR 50.45(1) and (2) in
accordance with the following requirements:
(a) Toxics users shall evaluate whether the
technology, procedure, or training program constitutes toxics use reduction as
defined in
310 CMR 50.10 and
M.G.L. c. 21I,§ 2.
(b) Toxics
users shall calculate the expected reductions resulting from implementation of
the technology, procedure, or training program in accordance with 310 CMR
50.46(1)(b)1. through 4.:
1. toxics users
shall calculate expected reductions in the amount of toxics used in each
production unit;
2. toxics users
shall calculate expected reductions in the amount of toxics used per unit of
product for each production unit;
3. toxics users shall calculate expected
reductions in the amount of toxics generated by each production unit;
4. toxics users shall calculate expected
reductions in the amount of toxics generated as byproduct per unit of product
for each production unit.
(c) Toxics users shall evaluate the
relationship between the technology, procedure, or training program being
evaluated, and other applicable laws and regulations, including but not limited
to, whether implementation of the technology, procedure, or training program
will violate any other law or regulation.
(2) Toxics users need not complete the
evaluation of a particular technology, procedure, or training program if,
during the evaluation, the toxics user determines that the technology,
procedure, or training program being evaluated is not appropriate for any of
the following reasons:
(a) the technique is
clearly technically infeasible;
(b)
the technique is clearly economically infeasible, as determined pursuant to
310
CMR 50.46A;
(c) implementation of the technology,
procedure, or training program is not likely to result in a decrease in the
amount of toxics used per unit of product or the amount of toxics generated as
byproduct per unit of product.
(3) For technologies, procedures, or training
programs that the toxics user decides not to implement, the plan shall include:
(a) a description of the technology,
procedure, or training program; and,
(b) the reason for deciding not to implement
the technology, procedure, or training program.
(4) For technologies, procedures, or training
programs that the toxics user decides to implement, the plan shall include:
(a) a description of the technology,
procedure, or training to be implemented;
(b) the anticipated costs and savings
associated with the technology, procedure, or training program, as determined
pursuant to
310
CMR 50.46A;
(c) the expected reductions in the amount of
toxics and the amount of toxics generated as byproduct resulting from
implementation of the technology, procedure, or training program calculated
pursuant to 310 CMR 50.46(1)(b).
(d) an implementation schedule.
(5) If the evaluation required for
a particular technology, procedure, or training program identified pursuant to
310
CMR 50.45(1) cannot be
completed by the date that the plan is due, the plan shall include the
following:
(a) a description of the
technology, procedure, or training program;
(b) a description of steps to be taken in
order to further evaluate the technique and a schedule for taking these
steps;
(c) an explanation as to why
the evaluation cannot be complete by the date that the plan is due.
