reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.45 - Procedures for Identifying Potential Toxic Use Reduction Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall describe the procedure
			 used by the toxics user to identify technologies, procedures, or training
			 programs for potentially achieving toxics use reduction in each production
			 unit. This procedure shall include, but not be limited to, a consideration of
			 each type of toxics use reduction technique specified in the definition of
			 "toxics use reduction" set forth in
			 310 CMR 50.10 and
			 M.G.L. c. 21I, a list of personnel involved in the procedure, a description of
			 information sources consulted, and a description of information gathering
			 techniques.
(2) Toxics users shall
			 list technologies, procedures, and training programs identified as potentially
			 achieving toxics use reduction in each production unit pursuant to 310 CMR
			 50.45(1).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.46 - Technical Evaluation of Toxics Use Reduction Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall evaluate the technical
			 feasibility of each technology, procedure, or training program listed in the
			 plan pursuant to
			 310
			 CMR 50.45(1) and (2) in
			 accordance with the following requirements:
(a) Toxics users shall evaluate whether the
			 technology, procedure, or training program constitutes toxics use reduction as
			 defined in
			 310 CMR 50.10 and
			 M.G.L. c. 21I,§ 2.
(b) Toxics
			 users shall calculate the expected reductions resulting from implementation of
			 the technology, procedure, or training program in accordance with 310 CMR
			 50.46(1)(b)1. through 4.:
1. toxics users
			 shall calculate expected reductions in the amount of toxics used in each
			 production unit;
2. toxics users
			 shall calculate expected reductions in the amount of toxics used per unit of
			 product for each production unit;
3. toxics users shall calculate expected
			 reductions in the amount of toxics generated by each production unit;
4. toxics users shall calculate expected
			 reductions in the amount of toxics generated as byproduct per unit of product
			 for each production unit.
(c) Toxics users shall evaluate the
			 relationship between the technology, procedure, or training program being
			 evaluated, and other applicable laws and regulations, including but not limited
			 to, whether implementation of the technology, procedure, or training program
			 will violate any other law or regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.46A - Economic Evaluation of Potential Toxics Use Reduction Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall evaluate the economic
			 feasibility of each technology, procedure, or training program identified as
			 technically feasible pursuant to
			 310 CMR
			 50.46 as compared to the current operations
			 involving the toxic. In that analysis, the following items must be considered
			 if they are relevant:
(a) indirect and direct
			 labor and materials costs (which shall be stated in the plan);
(b) purchase or manufacturing cost of the
			 toxic and its alternative chemical;
(c) capital and equipment costs;
(d) storage, accumulation, treatment,
			 disposal, and handling costs associated with toxics and byproducts;
(e) costs associated with activities required
			 to comply with local, state, or federal laws or regulations, including but not
			 limited to, fees, taxes, and costs associated with treatment, disposal,
			 reporting and labeling;
(f) worker
			 health or safety costs associated with the toxic and its alternative chemical,
			 including but not limited to, protective equipment, and lost employee time due
			 to accidents or routine exposure to the toxic;
(g) insurance;
(h) potential liability costs that may arise
			 from intentional, unintentional, or accidental activities or occurrences;
			 and
(i) loss of community goodwill
			 and product sales lost to competing non-toxic products.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.47 - Plan Summary

Current through Register 1525, July 5, 2024
(1) Toxics users
			 shall submit to the Department a plan summary on or before July
			 1st of the applicable year. Such summary shall
			 include:
(a) a copy of the certification
			 statement required pursuant to
			 310 CMR
			 50.42(3);
(b) the information required pursuant to
			 310 CMR
			 50.43(3)  and
			 310 CMR
			 50.44(8); and
(c) toxics use reduction techniques
			 considered and techniques selected to be implemented.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.48 - Plan Updates

Current through Register 1525, July 5, 2024
(1) 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 1st of
			 the applicable year.
(2) Plan
			 updates shall include an explanation as to why the toxics user failed to
			 implement a technology, procedure, or training program identified pursuant to
			 310 CMR
			 50.46(4)  or failed to meet
			 the schedule developed pursuant to
			 310 CMR
			 50.46(4)(d)  or
			 310 CMR
			 50.46(5)(b).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.50 - Toxics Use Reduction Planners

Current through Register 1525, July 5, 2024
310 CMR 50.50 through
				50.63,
				cited collectively as 310 CMR 50.50, set forth the requirements for toxics use
				reduction planners.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.51 - Required Skills for Certification as a Toxics Use Reduction Planner

Current through Register 1525, July 5, 2024
(1) In order to become certified as a toxics
			 use reduction planner, an applicant shall demonstrate to the Department that he
			 or she possesses sufficient skills and knowledge to evaluate whether a plan was
			 developed in accordance with
			 310 CMR
			 50.40. An applicant shall do so by complying
			 with either
			 310 CMR
			 50.54 or
			 310
			 CMR 50.55.
(2) In determining whether an applicant
			 possesses sufficient skills and knowlege to evaluate whether a plan was
			 developed in accordance with
			 310 CMR
			 50.40, the Department may consider, without
			 limitation, whether the applicant has sufficient skills or knowledge to
			 evaluate whether the following analyses were conducted in accordance with
			 310 CMR
			 50.40:
(a)
			 analysis of toxic chemical use, byproduct generation, and emissions in a
			 process or method of producing a product or service, including but not limited
			 to analysis of whether a process flow diagram developed pursuant to
			 310 CMR
			 50.44(1)  reflects actual
			 facility operations;
(b) analysis
			 of the technical feasibility and potential impacts of a change to an existing
			 process or method of producing a product or service;
(c) analysis of the economic feasibility and
			 potential impacts of a change to an existing process or method of producing a
			 product or service;
(d) analysis of
			 the potential effects on the facility's operation, function, and business
			 activities due to a change to an existing process or method of producing a
			 product or service;
(e) analysis of
			 the potential effects on worker health and safety at the facility due to a
			 change to an existing process or method of producing a product or
			 service;
(f) analysis of the
			 potential effects on toxic chemical use, byproduct generation and emissions to
			 all environmental media due to a change to an existing process or method of
			 producing a product or service;
(g)
			 analysis of the potential effects of a change to an existing process or method
			 of producing a product or service on compliance with other applicable laws and
			 regulations; and,
(h) evaluation of
			 whether a potential change to an existing process or method of producing a
			 product or service constitutes toxics use reduction.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.52 - Work Experience Requirements for All Toxics Use Reduction Planners

Current through Register 1525, July 5, 2024
(1) Except as provided in 310 CMR
			 50.52(2),(3) and (4), an applicant shall have seven years of full-time work
			 experience in any or all of the following areas:
(a) engineering or process control;
(b) manufacturing, production, or quality
			 control;
(c) environmental
			 compliance or worker health and safety;
(d) planning, industrial design, or research
			 and development;
(e) accounting,
			 business administration, or product marketing; or
(f) managerial or legal.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.53 - General Application Requirements and Procedures

Current through Register 1525, July 5, 2024
(1) The Department may require applicants to
			 apply for certification on a form specified by the Department.
(2) The Department may certify an applicant
			 as a toxics use reduction planner for no more than two years. Toxics use
			 reduction planners seeking recertification shall apply for recertification in
			 accordance with
			 310 CMR
			 50.58. Failure to meet recertification
			 requirements shall constitute grounds for denial of an application.
(3) Upon submission of an application, each
			 applicant shall pay to the Department an application fee determined as follows:
(a) The fee for an applicant that applies for
			 certification pursuant to
			 310 CMR
			 50.54 and intends to certify plans for toxics
			 users other than his or her employer shall be $500.
(b) Applicants employed by any authority,
			 district, municipality, or political subdivision of the Commonwealth of
			 Massachusetts whose job duties are related to toxics use reduction shall be
			 exempt from paying the fee.
(c) The
			 fee for applicants other than those set forth in 310 CMR 50.53(3)(a) or (b)
			 shall be $100.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.54 - Exam-track Application Procedure

Current through Register 1525, July 5, 2024
(1) An
			 applicant may become certified as a toxics use reduction planner if he or she
			 meets the following requirements:
(a) no more
			 than two years before applying for certification, he or she completes, to the
			 satisfaction of the educational institution presenting the program, a toxics
			 use reduction planning program; and,
(b) no more than two years before applying
			 for certification, he or she obtains a passing score on the uniform
			 certification examination.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.56 - Certification of Toxics Use Reduction and Resource Conservation Plans

Current through Register 1525, July 5, 2024
(1) A toxics use reduction planner shall
			 certify a toxics use reduction plan or a resource conservation plan only if, in
			 his or her independent professional judgment, the plan satisfies the
			 requirements of
			 310 CMR
			 50.40 or
			 310 CMR
			 50.90, as applicable, and demonstrates a good
			 faith and reasonable effort to identify and evaluate toxics use reduction
			 and/or resource conservation options.
(2) In certifying a plan, a toxics use
			 reduction planner shall make a good faith and reasonable effort to identify and
			 obtain relevant data or other information needed to comply with 310 CMR
			 50.56(1).
(3) In certifying a plan,
			 a toxics use reduction planner shall maintain records of the procedures used to
			 review the plan. The planner shall maintain such records for at least five
			 years from the date that the planner certifies the plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.57 - Disclosure Requirements

Current through Register 1525, July 5, 2024
A toxics use reduction planner shall disclose the following to
				his or her client or employer:
(1) any
			 financial interest he or she has in any technique or equipment evaluated in the
			 toxics use reduction plan; and,
(2)
			 any business association, affiliation, or other relationship he or she has with
			 a direct competitor of the client or employer.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.58 - Recertification Renewal

Current through Register 1525, July 5, 2024
(1) A toxics use
			 reduction planner may apply to the Department for recertification in accordance
			 with 310 CMR 50.58. A toxics use reduction planner seeking recertification
			 shall apply prior to the date on which his or her certification expires.
			 Failure to do so shall result in the expiration of his or her certification,
			 unless the Department extends the planner's certification pursuant to 310 CMR
			 50.58(4)(d). Timely submittal of an application for recertification shall
			 extend the planner's certification until the Department issues a final decision
			 denying recertification, or a final decision suspending or revoking the
			 planner's certification pursuant to
			 310 CMR
			 50.50.
(2) In order to be recertified, a general
			 practice toxics use reduction planner shall, during the time period of his or
			 her first certification, complete at least 30 continuing education credits. For
			 each subsequent recertification, such a planner shall complete 24 continuing
			 education credits. In order to be recertified, a limited practice toxics use
			 reduction planner shall, during the time period of his or her first
			 certification, complete at least 24 continuing education credits. For each
			 subsequent recertification, such a planner shall complete 20 continuing
			 education credits. Recertification credits may include credits related to
			 environmental management systems and resource conservation planning as defined
			 in
			 310
			 CMR 50.62 and
			 50.63.
			 The Department shall grant continuing education credits for completion of
			 courses, seminars, or other educational or professional programs in the
			 following areas:
(a) toxics use reduction
			 activities as defined in
			 310
			 CMR 50.55(2);
(b) environmental management systems as
			 specified in
			 310 CMR
			 50.80;
(c) resource conservation planning as
			 specified in
			 310 CMR
			 50.90; or (b) other environmental laws or
			 regulations, or laws of regulations pertaining to worker health or safety,
			 except that such education may not count for more than four credits.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.59 - Procedure Governing Disciplinary Proceedings

Current through Register 1525, July 5, 2024
(1) The Department may suspend, deny, or
			 revoke a planner's certification, or deny recertification for any good cause,
			 including, but not limited to:
(a) gross
			 negligence in complying with
			 310 CMR
			 50.50;
(b) fraud or misrepresentation in complying
			 with
			 310 CMR
			 50.50;
(c) unethical conduct in complying with
			 310 CMR
			 50.50;
(d) failure to meet the recertification
			 requirements set forth in
			 310 CMR
			 50.58;
(e) noncompliance with any provision of
			 M.G.L. c. 21I or
			 310 CMR
			 50.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.60 - Appeal Rights and Procedures

Current through Register 1525, July 5, 2024
(1) Within 21
			 days of the date of issuance of the Department's decision pursuant to
			 310 CMR
			 50.53(5),
			 310
			 CMR 50.55(5),
			 310 CMR
			 50.58(5), or
			 310 CMR
			 50.59(1), an appellant may
			 request, in writing, an adjudicatory hearing in accordance with M.G.L. c. 30A,
			 310 CMR
			 1.00, and
			 310 CMR 4.00. In an
			 adjudicatory hearing, the appellant bears the burden of persuading the
			 Department that its decision was in error. Each request for an adjudicatory
			 hearing filed pursuant to 310 CMR 50.60 shall state all reasons why the
			 appellant believes that the Department's decision is erroneous. If the
			 Department does not receive the appellant's request within 21 days of the date
			 of issuance of the Department's decision, the appellant shall be deemed to have
			 waived his or her rights to an adjudicatory appeal.
(2) If the Department denies an application
			 for certification, the grounds upon which the appellant may claim that the
			 Department's decision was in error shall be based on the information submitted
			 to the Department by the applicant during the application process, and shall be
			 limited to the following:
(a) The applicant
			 possesses the skills and knowledge required by
			 310
			 CMR 50.51.
(b) The applicant possesses work experience
			 required by
			 310
			 CMR 50.52.
(c) The applicant satisfactorily completed
			 the toxics use reduction planning program as required by
			 310 CMR
			 50.54.
(d) The applicant possesses at least two
			 years of work experience in toxics use reduction activities in accordance with
			 310
			 CMR 50.55.
(e) The applicant's experience in toxics use
			 reduction activities is related to the operations of the facility at which he
			 or she seeks to certify a plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.61 - Procedures for Reviewing the Uniform Certification Examination

Current through Register 1525, July 5, 2024
(1) If an applicant is denied certification
			 because he or she fails to obtain a passing score on the uniform certification
			 examination, the applicant may, within 21 days of the date of issuance of a
			 notice containing the applicant's exam score, submit to the Department a
			 written request to review his or her exam. If the Department does not receive
			 the appellant's request within 21 days of the date of issuance of the
			 Department's notice containing the applicant's exam score, the appellant shall
			 be deemed to have waived his or her rights pursuant to 310 CMR 50.61.
(2) If, after reviewing his or her exam, the
			 applicant believes that it was scored incorrectly, he or she may, within 42
			 days of the date of issuance of a notice containing the applicant's exam score,
			 submit to the Department a written request for an informal conference with the
			 Department for purposes of reviewing the scoring. If the Department does not
			 receive the appellant's request within 21 days of the date of issuance of the
			 Department's notice containing the applicant's exam score, the appellant shall
			 be deemed to have waived his or her rights pursuant to 310 CMR 50.61. The
			 request shall state all reasons why the applicant believes that the scoring was
			 incorrect. Such reasons shall be limited to the following:
(a) the score is incorrect due to a mistake
			 in arithmetic.
(b) the score is
			 incorrect because an answer deemed incorrect is, in fact, correct.
(c) the score is incorrect because
			 question(s) deemed to have been answered incorrectly do not test whether the
			 applicant possesses the skills required by
			 310
			 CMR 50.51.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.62 - Requirements for Toxics Use Reduction Planners to Certify Environmental Management Systems

Current through Register 1525, July 5, 2024
(1) In order for a
			 general practice toxics use reduction planner to certify an environmental
			 management system for any facility, the planner shall:
(a) complete an initial 16 continuing
			 education credits in environmental management systems, including auditing such
			 systems, as approved by the Department; or
(b) be accredited or certified under a
			 national, international or other recognized EMS standard.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.63 - Requirements for Toxics Use Reduction Planners to Certify Resource Conservation Plans

Current through Register 1525, July 5, 2024
(1) Except as
			 provided in 310 CMR 50.63(2), in order for a toxics use reduction planner to
			 certify a resource conservation plan, the planner shall demonstrate to the
			 Department that:
(a) The planner has
			 completed 12 initial continuing education credits in resource conservation
			 planning, including at least six credits in applying toxics use reduction
			 planning methods to resource conservation planning, as approved by the
			 Department; and
(b) Every four
			 years thereafter, the planner has completed nine additional credits in resource
			 conservation planning, including at least three credits each in energy
			 conservation, water conservation, and solid waste reduction.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.70 - User Segments

Current through Register 1525, July 5, 2024
310 CMR 50.70 through
				50.72,
				cited collectively as 310 CMR 50.70, set forth the criteria for classifying
				production units into user segments and designate user
				segments.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.71 - Criteria for Establishing User Segments

Current through Register 1525, July 5, 2024
(1) Production units grouped into a user
			 segment must contain similar products and processes.
(2) For purposes of grouping similar products
			 and processes into user segments, the department may consider, without
			 limitation, the following criteria:
(a)
			 transferability or potential applicability of toxics use reduction
			 techniques;
(b) chemical use,
			 byproduct, or emission;
(c)
			 potential health or environmental impact;
(d) potential for improvement in
			 environmental performance; or
(e)
			 type of equipment used.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.72 - List of User Segments

Current through Register 1525, July 5, 2024
User Segment Name
Process Code* or
Process
							 Description
Product
(1) power generation
JJ-01
Electricity or Steam
(2) electroplating (barrell and rack)
AA12, AA13
plated part
(3) deionization, demineralization
HH-01
treated water
(4) forging
CC-03
forged metal part
(5) smelting
DD-07
smelted metal
(6) welding
CC-09
welded metal part
(7) heat treating of metal
CC-04
metal part
(8) refrigeration material
II-01
chilled fluid
(9) pH adjustment solution
EE-08,HH-03
treated water
(10) jet printing
AA-11
printed material
(11) screen printing
AA-08
printed material
(12) pad printing
AA-09
printed material
(13) printing (letterpress, (flexographic,
							 lithographic)
AA-05, aA-06, AA-07
printed material
(14) equipment cleaning
FF-01, FF-02, FF-03
clean equipment
(15) parts cleaning
BB-01, BB-02, BB-03
clean part
(16) casting/molding plastic
CC-01
plastic part
(17) casting molding
CC-01
metal part
(18) adhesives or sealant blending, mixing,
							 compoundin
GG-01 g
adhesive or sealant products produced by toxics users
							 classified by sic code 2891
*DEP'S instructions for completing toxics use reports contains
				a list of process codes.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.80 - Environmental Management Systems

Current through Register 1525, July 5, 2024
310 CMR 50.80 through
				50.84,
				cited collectively as 310 CMR 50.80, establish the requirements for
				implementing environmental management systems (EMSs) as an alternative to
				developing toxics use reduction plans.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.81 - Applicability and Schedule

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.82 - Requirements for an Environmental Management System

Current through Register 1525, July 5, 2024
An environmental management system developed in
lieu
of a toxics use reduction plan shall contain the
				following elements:
(1) A written
			 environmental policy that expresses management for, and makes a commitment to:
(a) compliance with environmental legal
			 requirements;
(b) pollution
			 prevention through source reduction and toxics use reduction; and
(c) continual improvement of the EMS and
			 environmental performance.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.83 - EMS Progress Report

Current through Register 1525, July 5, 2024
(1) A toxics
			 user who has chosen to implement an EMS in
lieu
of a toxics
			 use reduction plan shall submit to the Department an EMS progress report by
			 July 1st of every even-numbered calendar
			 year.
(2) The EMS progress report
			 shall include a brief description of:
(a)
			 objectives and targets that have been established for covered toxics,
(b) measures being taken to incorporate
			 source reduction into compliance and other activities; and
(c) information on the progress made toward
			 meeting objectives and targets relative to covered toxics; if applicable, an
			 explanation of why anticipated progress was not achieved, and, if applicable,
			 the actions that have or will be taken to ensure that facility operations
			 conform to the EMS.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.84 - Certification of an EMS Progress Report

Current through Register 1525, July 5, 2024
(1) Each
			 EMS progress report shall include the certification statements set forth in 310
			 CMR 50.84.
(2) The certification
			 statement shall be signed by a toxics use reduction planner who meets the
			 requirements of
			 310
			 CMR 50.62 or an EMS professional who meets
			 the following requirements:
(a) An EMS
			 professional may certify an EMS progress report for any toxics user or other
			 person if the professional has completed 16 hours of toxics use reduction
			 training, and has maintained documentation of such training.
(b) An EMS professional may certify an EMS
			 progress report for a facility owned or operated by his or her employer if the
			 professional has two years of documented experience in toxics use
			 reduction.
(c) After meeting the
			 requirements in 310 CMR 50.84(2)(a) and (b), all EMS professionals who continue
			 to certify EMSs pursuant to
			 310 CMR
			 50.80 shall complete at least 16 hours of
			 toxics use reduction continuing education training every six years.
(d) An EMS professional shall submit
			 documentation to the Department that he or she meets the requirements of 310
			 CMR 50.84 with the first EMS Progress Report that the EMS professional
			 certifies.
(e) Any EMS professional
			 who certifies an EMS progress report shall, for a period of three years,
			 maintain documentation of having met the continuing education requirements in
			 310 CMR 50.84(2)(c) and shall provide such documentation, upon request, to the
			 Department or to any facility for which the professional has certified or
			 intends to certify an EMS.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.90 - Resource Conservation Plans

Current through Register 1525, July 5, 2024
310 CMR 50.90 through 310 CMR 50.99, cited collectively as 310
				CMR 50.90, establishes requirements for developing a resource conservation plan
				as an alternative to developing a toxic use reduction plan.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.91 - Applicability and Schedule

Current through Register 1525, July 5, 2024
(1) Large quantity
			 toxics users and other toxics users may prepare a resource conservation plan in
			 accordance with
			 310 CMR
			 50.90 in
lieu
of a toxics
			 use reduction plan once the toxics user has completed one toxics use reduction
			 plan and two plan updates.
(2) By
			 July 1st of the applicable even-numbered calendar
			 year, a toxics user that elects to prepare a resource conservation plan must
			 complete a resource conservation plan and submit a resource conservation plan
			 summary to the Department.
(3)
			 Toxics users who choose to prepare a resource conservation plan pursuant to
			 310 CMR
			 50.90 shall:
(a) by July 1st of
			 the following even-numbered calendar year, prepare a toxics use reduction plan
			 pursuant to
			 310 CMR
			 50.40 and submit a toxics use reduction plan
			 summary to the Department; and
(b)
			 Include with the plan summary a progress report on the resource conservation
			 plan on a form prescribed by the Department.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.92 - General Resource Conservation Plan Requirements

Current through Register 1525, July 5, 2024
(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.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.93 - Facility-wide Information Required in Each Resource Conservation Plan

Current through Register 1525, July 5, 2024
Toxics users shall develop and include in the resource
				conservation plan the following facility-wide information:
(1) a statement of the management policy of
			 the facility regarding resource conservation. This statement shall include, but
			 not be limited to, a description of the ways in which the toxics user
			 encourages resource conservation and a description of any policy applicable to
			 the facility that encourages or discourages resource conservation. This
			 statement shall include the following information, as applicable:
(a) a description of resource conservation in
			 the facility's policy or decisions concerning research and
			 development;
(b) a description of
			 how resource conservation affects the facility's policy or decisions concerning
			 financial investments or capital investments;
(c) a description of how resource
			 conservation affects the facility's policy or decisions concerning hiring,
			 promotions or bonuses, or other incentives, for facility employees;
			 and
(d) any other policy applicable
			 to the facility that encourages or discourages resource conservation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.94 - Information Required for Selected Operations in Each Resource Conservation Plan

Current through Register 1525, July 5, 2024
Toxics users shall determine or develop, and include in the
				resource conservation plan, the following information specific to the chosen
				natural asset and selected operations:
(1) a process flow diagram in accordance with
			 the following: The process flow diagram shall be a visual representation of the
			 movement of the asset through selected operations, including, but not limited
			 to, how assets flow into and out of operations and where assets are lost or
			 become waste. The process flow diagram also may represent the movement of
			 substances or other materials that are not assets through the
			 operations;
(2) the total amount of
			 each asset used, which may be reported as an absolute amount or an amount per
			 unit of product, and a statement of the estimation methods used to determine
			 amounts;
(3) the unit of product
			 associated with selected operations, if applicable;
(4) a statement explaining the purpose that
			 the asset serves in the operations;
(5) the cost of the use of each asset
			 calculated in accordance with
			 310
			 CMR 50.96A; and
(6) goals for reducing the use of the
			 asset.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.95 - Procedures for Identifying Resource Conservation Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall describe the procedure
			 used by the toxics user to identify technologies, procedures, or training
			 programs for achieving resource conservation for the selected asset and the
			 selected operations. This procedure shall include, but not be limited to, a
			 list of personnel involved in the procedure, a description of information
			 sources consulted, and a description of information gathering
			 techniques.
(2) Toxics users shall
			 list technologies, procedures, and training programs identified as potentially
			 achieving resource conservation for the asset pursuant to 310 CMR
			 50.95(1).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.96 - Technical Evaluation of Resource Conservation Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall evaluate the technical
			 feasibility of each technology, procedure, or training program listed in the
			 resource conservation plan pursuant to
			 310 CMR
			 50.95(2)  in accordance with
			 the following requirements:
(a) Toxics users
			 shall evaluate whether the technology, procedure, or training program
			 constitutes resource conservation as defined in
			 310 CMR
			 50.10.
(b) Toxics users shall calculate the expected
			 reductions resulting from implementation of the technology, procedure, or
			 training program in accordance with 310 CMR 50.96(1)(b)1. and 2.:
1. toxics users shall calculate expected
			 reductions in the amount of the asset used in each operation;
2. toxics users shall evaluate the
			 relationship between the technology, procedure, or training program being
			 evaluated, and other applicable laws and regulations, including but not limited
			 to, whether implementation of the technology, procedure, or training program
			 will violate any other law or regulation.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.96A - Economic Evaluation of Potential Resource Conservation Techniques

Current through Register 1525, July 5, 2024
(1) Toxics users shall evaluate the economic
			 feasibility of each technology, procedure, or training program listed in the
			 resource conservation plan and calculate the:
(a) cost to implement each technology,
			 procedure, or training program;
(b)
			 all associated savings for each technology, procedure, or training
			 program.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.97 - Resource Conservation Plan Summary

Current through Register 1525, July 5, 2024
(1) Toxics users shall submit to the
			 Department a resource conservation plan summary on or before July
			 1st of the applicable year. Such summary shall
			 include:
(a) a copy of the certification
			 statements required pursuant to
			 310 CMR
			 50.92(4) and (5);
(b) the natural asset identified in
			 310
			 CMR 50.93(2)(a);
(c) the resource conservation techniques
			 identified pursuant to
			 310 CMR
			 50.95(2);
(d) the resource conservation techniques
			 identified to be implemented pursuant to
			 310 CMR
			 50.96(4)(a);
(e) the plan goals identified in
			 310
			 CMR 50.94(6);
(f) the baseline amount of the asset used
			 identified in
			 310
			 CMR 50.94(2);
(g) the expected change in the amount of the
			 asset used identified in
			 310
			 CMR 50.93(3)
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 60.00 - Air Pollution Control For Mobile Sources › Section 60.01 - General Regulations to Prevent Air Pollution

Current through Register 1525, July 5, 2024
(1) No person owning, leasing, or controlling
			 the operation of any air contamination source shall willfully, negligently, or
			 through failure to provide necessary equipment or to take necessary
			 precautions, permit any emission from said air contamination source or sources
			 of such quantities of air contaminants which will cause, by themselves or in
			 conjunction with other air contaminants, a condition of air
			 pollution.
(2)
(a)
Accurate Submittal to the
			 Department
No person shall make any false, inaccurate, incomplete,
			 or misleading statements in any application, record, report, plan, design,
			 statement or document which that person submits to the Department pursuant to
			 M.G.L. c. 111, §§ 142A through 142M, 150A, c. 21H, or
			 310 CMR 60.00.
(b)
Accurate and Complete Record
			 Keeping
No person shall make any false, inaccurate, incomplete, or
			 misleading statements in any record, report, plan, file, log, or register which
			 that person is required to keep pursuant to M.G.L. c. 111, §§ 142A
			 through 142M, 150A, c. 21H, or
			 310 CMR 60.00. Such records
			 shall be made available to the Department for inspection upon
			 request.
(c)
Certification
Any person providing information
			 required to be submitted to the Department pursuant to M.G.L. c. 111,
			 §§ 142A through 142M, 150A, c. 21H, or
			 310 CMR 60.00 shall make the
			 following certification: "I certify that I have personally examined the
			 foregoing and am familiar with the information contained in this document and
			 all attachments and that, based on my inquiry of those individuals immediately
			 responsible for obtaining the information, I believe that the information is
			 true, accurate, and complete. I am aware that there are significant penalties
			 for submitting false information, including possible fines and
			 imprisonment."
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 60.00 - Air Pollution Control For Mobile Sources › Section 60.02 - Massachusetts Motor Vehicle Emissions Inspection and Maintenance Program

Current through Register 1525, July 5, 2024
(1)
Introduction
.
(a)
Authority
. 310
			 CMR 60.02 is promulgated by the Commissioner of the Department of Environmental
			 Protection pursuant to M.G.L. c. 111, § 142M and c. 21A, §§
			 2(28) and 16.
(b) Headings are for
			 convenience only and do not affect the substance of 310 CMR 60.02.
(c)
Purpose
. 310 CMR
			 60.02 establishes a program to inspect the emissions of motor vehicles and to
			 ensure that a vehicle that fails an emissions inspection is repaired properly
			 in a reasonable time period, the motorist obtains a waiver for the vehicle, or
			 the vehicle's registration is suspended in accordance with
			 540 CMR 4.00:
Annual
			 Safety and Combined Safety and Emissions Inspection of All Motor Vehicles,
			 Trailers, Semi-trailers and Converter Dollies
.
(d)
Severability
.
			 Each subsection of 310 CMR 60.02 shall be deemed severable, and in the event
			 that any subsection of 310 CMR 60.02 is held invalid, the remainder shall
			 continue in full force and effect.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 60.00 - Air Pollution Control For Mobile Sources › Section 60.05 - Global Warming Solutions Act Requirements for Transportation

Current through Register 1525, July 5, 2024
(1)
Purpose Scope and
			 Authority
. 310 CMR 60.05 is promulgated pursuant to M.G.L. c. 21N,
			 § 3(d) and is also promulgated pursuant to M.G.L. c. 21A, §§ 2,
			 8 and 16, and M.G.L. c. 111, §§ 2C and 142A through 142M, to prevent
			 and abate conditions of air pollution from the greenhouse gas emissions from
			 the mobile sources specified in 310 CMR 60.05. The purpose of 310 CMR 60.05 is
			 to assist the Commonwealth in achieving the GHG emissions reduction goals
			 adopted pursuant to M.G.L. c. 21N, § (3)(b) and to establish an annually
			 declining aggregate GHG emissions limit pursuant to M.G.L. c. 21N, § 3(d),
			 by:
(a) Requiring MassDOT to demonstrate its
			 aggregate MassDOT GHG emissions reduction limits as established in 310 CMR
			 60.05(6) are achieved;
(b)
			 Requiring the MPOs to evaluate and report the aggregate transportation GHG
			 emissions impacts of Regional Transportation Plans (RTPs), and Transportation
			 Improvement Programs (TIPs);
(c)
			 Requiring the MPOs, in consultation with MassDOT, to develop and utilize
			 procedures to prioritize and select projects in RTPs and TIPs based on factors
			 that include aggregate transportation GHG emissions impacts; and
(d) Requiring MassDOT to evaluate and report
			 the aggregate transportation GHG emissions impacts of State Transportation
			 Improvement Programs (STIPs) and state-funded projects that are not included in
			 STIPs.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 70.00 - Environmental Results Program Certification › Section 70.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of
			 310 CMR 70.00 is to provide for the protection of public health, safety,
			 welfare and the environment by requiring Environmental Results Program (ERP)
			 facilities or units to submit a performance based compliance certification to
			 the Department.
(2)310 CMR 70.00 is
			 promulgated pursuant to the authority of M.G.L. c. 21, §§ 26 through
			 53 (the Massachusetts Clean Waters Act), M.G.L. c. 21A, §§ 2, 13 and
			 16, M.G.L. c. 21C (the Hazardous Waste Management Act), M.G.L. c. 21H,
			 §§ 6A through 6N (the Mercury Management Act), M.G.L. c. 21O, §
			 4 (The Operation and Removal of Underground Storage Tanks), M.G.L. c. 111,
			 §§ 142A through 142M (the Massachusetts Clean Air Act) and M.G.L. c.
			 111 § 150A (the Solid Waste Management Act).
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 70.00 - Environmental Results Program Certification › Section 70.04 - Violations

Current through Register 1525, July 5, 2024
(1) It shall be a violation of
			 310 CMR 70.00 for any person
			 to:
(a) fail to submit a timely certification
			 pursuant to
			 310 CMR
			 70.03;
(b) make any false, inaccurate, incomplete,
			 or misleading statements in any certification required pursuant to
			 310 CMR
			 70.03;
(c) make any false, inaccurate, incomplete or
			 misleading statements in any record, report, plan, file, log, or register which
			 that person is required to keep pursuant to the applicable standards;
(d) hold themselves out as a responsible
			 official in violation of the requirements contained in
			 310 CMR
			 70.03;
(e) fail to comply with the applicable
			 standards; or
(f) violate any other
			 provision of
			 310 CMR 70.00.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 71.00 - Industrial Wastewater Regulations For Photo Processors And Printers › Section 71.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of
			 310 CMR 71.00 is to provide
			 for the protection of public health, safety, welfare and the environment by
			 establishing performance standards for photo processors and printers and
			 requiring a performance-based facility-wide compliance certification in
			 accordance with
			 310 CMR 70.00:
Environmental Results Program Certification
.
(2)
								310 CMR 71.00 is promulgated
			 pursuant to the authority of M.G.L. c. 21, §§ 26 through 53 and
			 M.G.L. c. 21C.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 71.00 - Industrial Wastewater Regulations For Photo Processors And Printers › Section 71.03 - Applicability

Current through Register 1525, July 5, 2024
(1) Unless exempt pursuant to 310 CMR
			 71.03(2), the following photo processors are subject to
			 310 CMR 71.00:
(a) photo processors that perform photo
			 processing in a commercial space; or
(b) photo processors that use automated photo
			 processing equipment.
Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 71.00 - Industrial Wastewater Regulations For Photo Processors And Printers › Section 71.04 - Performance Standard for Photo Processors and Printers with Equivalent POTW Permits

Current through Register 1525, July 5, 2024
Each photo processor with an equivalent POTW permit shall
				comply with that equivalent POTW permit and the applicable requirements of
				310
				CMR 71.05(2) through (4) and
				71.06.