Current through Register 1531, September 27, 2024
(1) Toxics users shall evaluate the technical
feasibility of each technology, procedure, or training program listed in the
resource conservation plan pursuant to
310 CMR
50.95(2) in accordance with
the following requirements:
(a) Toxics users
shall evaluate whether the technology, procedure, or training program
constitutes resource conservation as defined in
310 CMR
50.10.
(b) Toxics users shall calculate the expected
reductions resulting from implementation of the technology, procedure, or
training program in accordance with 310 CMR 50.96(1)(b)1. and 2.:
1. toxics users shall calculate expected
reductions in the amount of the asset used in each operation;
2. 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 50.96A;
(c) implementation of the technology,
procedure, or training program is not likely to result in a decrease in the use
of the natural asset or has adverse environmental impacts.
(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
the asset resulting from implementation of the technology, procedure, or
training program calculated pursuant to 310 CMR 50.96(1)(b). The amounts
determined pursuant to 310 CMR 50.96(1)(b) and stated in the plan pursuant to
310 CMR 50.96(4)(b) shall be projected for two years from the date the plan is
due; and
(d) an implementation
schedule.
(5) If the
evaluation required for a particular technology, procedure, or training program
identified pursuant to
310 CMR
50.95(2) 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;
and
(c) an explanation as to why
the evaluation cannot be complete by the date that the plan is due.
