310 CMR 50.41 - Applicability and Schedule

(1) Large quantity toxics users shall prepare and complete a toxics use reduction plan for each facility by July 1^st of each even-numbered calendar year in which they are required to file a toxics use report pursuant to 310 CMR 50.30, provided the even-numbered year is not the same year in which a toxics user first files a toxics use report.

(2) Toxics users need not prepare plans for facilities that have less than ten full-time employees unless:

(a) the facility is within a priority user segment pursuant to M.G.L. c. 21I,§ 14, and

(b) the Department requires the toxics user to submit a report for the facility in accordance with M.G.L. c. 21I,§§ 11 and 14.

(3) Small quantity toxics users need not prepare plans for facilities unless:

(a) the facility is within a priority user segment pursuant to M.G.L. c 21I,§ 14, and

(b) the Department requires the toxics user to submit a report for the facility in accordance with M.G.L. c. 21I,§§ 11 and 14.

(4) On or before the date that a plan must be complete pursuant to 310 CMR 50.41(1), toxics users shall submit to the Department a plan summary in accordance with 310 CMR 50.47.

(5) Toxics users shall complete plan updates every two years beginning with the date on which the initial plan is due pursuant to 310 CMR 50.41(1) by July 1^st of the applicable year in accordance with 310 CMR 50.48.

(6) After a toxics user has completed one toxics use reduction plan and two plan updates, the toxics user may choose to implement an environmental management system pursuant to 310 CMR 50.80 or prepare a resource conservation plan pursuant to 310 CMR 50.90.

(7) A toxics user who has chosen to implement an environmental management system shall submit an EMS progress report to the Department by July 1^st of the applicable year in lieu of a toxics use reduction plan summary in accordance with 310 CMR 50.83.

(8) A toxics user who has chosen to develop a resource conservation plan shall submit a resource conservation plan summary to the Department by July 1^st of the applicable year in lieu of a toxics use reduction plan summary in accordance with 310 CMR 50.97. A toxics user may only substitute a resource conservation plan for a toxics use reduction plan every other planning year.

Notes

310 CMR 50.41