310 CMR 50.92 - General Resource Conservation Plan Requirements

(1) All toxics users that prepare a resource conservation plan shall select at least one natural asset listed in 310 CMR 50.92(2) as the focus of the plan.

(2) Natural assets shall include at least one of the following:

(a) Energy use;

(b) Water use;

(c) Other materials and products that contribute to solid waste;

(d) Toxic substances that are identified on the list of toxic or hazardous substances established pursuant to 301 CMR 41.00 but are used below threshold amounts as defined in 310 CMR 50.10;

(e) Chemical substances that are exempt from reporting under TURA, including toxic substances in articles or janitorial products used at a facility.

(3) Resource conservation plans may cover existing operations or products under development.

(4) Each resource conservation plan shall include the following written statement signed by a certified toxics use reduction planner who meets the requirements of 310 CMR 50.63: "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 resource conservation plan;

(b) the resource conservation plan satisfies the requirements of 310 CMR 50.90; and

(c) the resource conservation plan demonstrates a good faith and reasonable effort to identify and evaluate resource conservation 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.

(5) Each resource conservation 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 resource conservation plan;

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

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

(d) the resource conservation plan, to the best of my knowledge and belief, meets the requirements of 310 CMR 50.90;

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

(6) At least six months prior to the date when the resource conservation plan must be complete, the toxics user shall notify all of its employees of the requirements of the resource conservation plan, identify the natural asset being considered as the focus of the resource conservation plan, and solicit in the notice comments or suggestions from all employees on resource conservation options for that asset. The resource conservation plan shall include a description of the steps taken by the toxics user in order to comply with this provision.

(7) In determining the amounts pursuant to 310 CMR 50.93(3), 50.94(2), 50.96(1)(b), and 50.96(4)(c), the resource conservation 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.

(8) Toxics users shall maintain resource conservation plans for a facility on the premises of that facility, and shall make resource conservation plans available to the Department upon request. Toxics users shall also make supporting documentation referred to in 310 CMR 50.92(5) available to the Department upon request. Toxics users shall maintain resource conservation plans and supporting documentation for at least five years after the date that the plan is due.

(9) Toxics users shall develop information required by 310 CMR 50.90 in accordance with standard accounting practices;

(10) Toxics users shall develop information required by 310 CMR 50.90 in accordance with standard engineering practices;

(11) Toxics users shall develop information required by 310 CMR 50.90 in good faith.

(12) Toxics users shall demonstrate a good faith and reasonable effort to identify and evaluate resource conservation options.

Notes

310 CMR 50.92