Technical Evaluation of Toxics Use Reduction Techniques

(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. (2) Toxics users need not complete the evaluation of a particular technology, procedure, or training program if, during the evaluation, the toxics user determines that the technology, procedure, or training program being evaluated is not appropriate for any of the following reasons: (a) the technique is clearly technically infeasible; (b) the technique is clearly economically infeasible, as determined pursuant to 310 CMR 50.46A; (c) implementation of the technology, procedure, or training program is not likely to result in a decrease in the amount of toxics used per unit of product or the amount of toxics generated as byproduct per unit of product. (3) For technologies, procedures, or training programs that the toxics user decides not to implement, the plan shall include: (a) a description of the technology, procedure, or training program; and, (b) the reason for deciding not to implement the technology, procedure, or training program. (4) For technologies, procedures, or training programs that the toxics user decides to implement, the plan shall include: (a) a description of the technology, procedure, or training to be implemented; (b) the anticipated costs and savings associated with the technology, procedure, or training program, as determined pursuant to 310 CMR 50.46A; (c) the expected reductions in the amount of toxics and the amount of toxics generated as byproduct resulting from implementation of the technology, procedure, or training program calculated pursuant to 310 CMR 50.46(1)(b). (d) an implementation schedule. (5) If the evaluation required for a particular technology, procedure, or training program identified pursuant to 310 CMR 50.45(1) cannot be completed by the date that the plan is due, the plan shall include the following: (a) a description of the technology, procedure, or training program; (b) a description of steps to be taken in order to further evaluate the technique and a schedule for taking these steps; (c) an explanation as to why the evaluation cannot be complete by the date that the plan is due.