310 CMR 50.96
Technical Evaluation of Resource Conservation Techniques
(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.
(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 50.96A;
(c) implementation of the technology, procedure, or training program is not likely to
result in a decrease in the use of the natural asset or has adverse environmental
impacts.
(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 the asset resulting from implementation
of the technology, procedure, or training program calculated pursuant to 310 CMR
50.96(1)(b). The amounts determined pursuant to 310 CMR 50.96(1)(b) and stated in
the plan pursuant to 310 CMR 50.96(4)(b) shall be projected for two years from the
date the plan is due; and
(d) an implementation schedule.
(5) If the evaluation required for a particular technology, procedure, or training program
identified pursuant to 310 CMR 50.95(2) 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; and
(c) an explanation as to why the evaluation cannot be complete by the date that the
plan is due.