310 CMR, § 50.36 - Recordkeeping Requirements

(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.

Notes

310 CMR, § 50.36