310 CMR, § 50.42 - General Plan Requirements

(1) All plans and plan summaries shall include each covered toxic required, pursuant to 310 CMR 50.30, to be included in the facility's toxics use report due on the same date that the plan summary is due.

(2) All plans and plan summaries shall include each production unit required, pursuant to 310 CMR 50.30, to be included in the facility's toxics use report due on the same date that the plan summary is due.

(3) Each plan shall include the following written statement signed by a certified toxics use reduction planner: "Based on my independent professional judgment as a toxics use reduction planner, I certify under penalty of law that the following is true:

(a) I have examined and am familiar with this toxics use reduction plan;

(b) the plan satisfies the requirements of 310 CMR 50.40; and

(c) the plan demonstrates a good faith and reasonable effort to identify and evaluate toxics use reduction options."

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.

(4) Each 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:

(a) I have personally examined and am familiar with this toxics use reduction plan;

(b) I am satisfied that any supporting documentation used in the development of the plan exists and is consistent with the plan;

(c) based on my inquiry of those individuals immediately responsible for the development of this plan, I believe that the informaiton in the plan and any supporting documentation used in the development of the plan is true, accurate, and complete;

(d) the plan, to the best of my knowledge and belief, meets the requirements of 310 CMR 50.40;

(e) I am aware that there are penalties for submitting false information, including possible fines and imprisonment."

(5) Six months prior to the date when the plan must be complete, the toxics user shall notify all of its employees of the requirements of the plan, identify the toxics and production units for which a plan will be submitted, provide the criteria for plans, and solicit in the notice comments or suggestions from all employees on toxics use reduction options. The plan shall include a description of the steps taken by the toxics user in order to comply with 310 CMR 50.42(5).

(6) In determining the amounts pursuant to 310 CMR 50.43(3), 50.44(2), 50.44(5), 50.44(6), 50.46(1)(b), and 50.46(4)(c), the plan shall:

(a) refer to documents or other information used to determine these amounts, and shall specify the location of such documents or information;

(b) include calculations of the amounts; and,

(c) state any assumptions made by the toxics user.

(7) Toxics users shall maintain plans for a facility on the premises of that facility, and shall make plans available to the Department upon request. Toxics users shall also make supporting documentation referred to in 310 CMR 50.42(6) available to the Department upon request. Toxics users shall maintain plans and supporting documentation for at least five years after the date that the plan summary is due.

(8) Toxics users shall develop information required by 310 CMR 50.40 in accordance with standard accounting practices;

(9) Toxics users shall develop information required by 310 CMR 50.40 in accordance with standard engineering practices;

(10) Toxics users shall develop information required by 310 CMR 50.40 in good faith.

(11) Toxics users shall demonstrate a good faith and reasonable effort to identify and evaluate toxics use reduction options.

Notes

310 CMR, § 50.42