310 CMR, § 50.81 - Applicability and Schedule

(1) Large quantity toxics users and other toxics users may implement an environmental management system in lieu of a toxics use reduction plan once they have completed one toxics use reduction plan and two plan updates.

(2) An EMS shall be considered suitable if it was developed in conformance with the standards of ISO 14001, US EPA's Performance Track Program, or other EMS standard adopted by a trade association or other standard-setting organization, provided that the EMS shall:

(a) contain the elements specified in 310 CMR 50.82;

(b) cover all the production units identified in the most recent toxics use report;

(c) consider toxics use reduction when identifying significant aspects and establishing associated objectives and targets;

(d) emphasize source reduction as the means of achieving objectives and targets; and

(e) have been in place for at least one full EMS cycle (i.e., plan-do-check-act) and have undergone an independent EMS audit.

(3) If the Department determines that an environmental management system developed pursuant to 310 CMR 50.80 has not proven to be effective as evidenced by significant noncompliance with any of the Department's regulations or permit conditions, the Department may, in addition to any enforcement action it takes with respect to such non-compliance with any of the Department's regulations or permit conditions, require that the toxics user take any or all of the following actions:

(a) provide information to the Department about any apparent deficiencies in the environmental management system;

(b) modify the environmental management system to prevent future deficiencies and non-compliance;

(c) audit the environmental management system; and/or

(d) prepare a toxics use reduction plan for all covered toxics and production units.

Notes

310 CMR, § 50.81