Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 50.00 - Toxics Use Reduction
Section 50.92 - General Resource Conservation Plan Requirements
Current through Register 1531, September 27, 2024
(1) All toxics users that prepare a resource conservation plan shall select at least one natural asset listed in 310 CMR 50.92(2) as the focus of the plan.
(2) Natural assets shall include at least one of the following:
(3) Resource conservation plans may cover existing operations or products under development.
(4) Each resource conservation plan shall include the following written statement signed by a certified toxics use reduction planner who meets the requirements of 310 CMR 50.63: "Based on my independent professional judgment as a toxics use reduction planner, I certify under penalty of law that the following is true:
Notwithstanding any professional designation held by a certified toxics use reduction planner or any trade organization of which that planner is a member by way of license, registration, certification, or similar qualification, the signed certification statement shall not mean that such planner signs in the capacity of anything other than a toxics use reduction planner.
(5) Each resource conservation plan shall include the following written statement signed by the senior management official of the facility: "I certify under penalty of law that the following is true:
(6) At least six months prior to the date when the resource conservation plan must be complete, the toxics user shall notify all of its employees of the requirements of the resource conservation plan, identify the natural asset being considered as the focus of the resource conservation plan, and solicit in the notice comments or suggestions from all employees on resource conservation options for that asset. The resource conservation plan shall include a description of the steps taken by the toxics user in order to comply with this provision.
(7) In determining the amounts pursuant to 310 CMR 50.93(3), 50.94(2), 50.96(1)(b), and 50.96(4)(c), the resource conservation plan shall:
(8) Toxics users shall maintain resource conservation plans for a facility on the premises of that facility, and shall make resource conservation plans available to the Department upon request. Toxics users shall also make supporting documentation referred to in 310 CMR 50.92(5) available to the Department upon request. Toxics users shall maintain resource conservation plans and supporting documentation for at least five years after the date that the plan is due.
(9) Toxics users shall develop information required by 310 CMR 50.90 in accordance with standard accounting practices;
(10) Toxics users shall develop information required by 310 CMR 50.90 in accordance with standard engineering practices;
(11) Toxics users shall develop information required by 310 CMR 50.90 in good faith.
(12) Toxics users shall demonstrate a good faith and reasonable effort to identify and evaluate resource conservation options.