General Laws of Massachusetts - Chapter 21I Massachusetts Toxics Use Reduction Act - Section 11 Toxics use reduction plans

Section 11. (A)(1) Large quantity toxics users shall by July 1, 1994 or by July 1 of the first subsequent even-numbered year in which a report pursuant to section 10 is required, prepare and complete a toxics use reduction plan for each facility for which they are required to file a report in that year. The department shall, by January 1, 1991, specify criteria for acceptable plans according to the requirements of this section. In preparing plans, large quantity toxics users shall comply with the requirements of this section for those toxic or hazardous substances for which they are required to file reports for the previous calendar year.

(2) The plan shall include a statement of facility-wide management policy regarding toxics use reduction, and a description of the scope and objectives of the plan.

(3) The plan shall include for each production unit in which a covered toxic or hazardous substance is manufactured, processed or otherwise used:

(a) a comprehensive economic and technical evaluation of appropriate technologies, procedures and training programs for potentially achieving toxics use reduction for each covered toxic or hazardous substance;

(b) an analysis of current and projected toxics use, byproduct generation, and emissions;

(c) an evaluation of the types and amounts of covered toxic or hazardous substances used;

[There is no clause (d).]

(e) an identification of each technology, procedure or training program to be implemented for the purposes of achieving toxics use reduction, the anticipated costs of implementation of each, and the anticipated savings expected due to each;

(f) a schedule for implementation of such technologies, procedures and training programs;

(B) Each toxics use reduction plan must be certified by a toxics use reduction planner as meeting the department’s criteria for acceptable plans.

(C) Large quantity toxics users shall keep plans for a facility on the premises of that facility, and shall make them available on the premises to the department upon request.

(D) Large quantity toxics users shall update and recertify plans by July 1, two years after the first plan, and then according to the schedule specified by the department; but, after a large quantity toxics user has completed 1 toxics use reduction plan in compliance with this section and 2 plan updates, it may complete any 1 of the following types of plans in subsequent years: (i) a toxics use reduction plan update; (ii) an alternative resource conservation plan in accordance with requirements established by the department, or (iii) the implementation of an environmental management system that meets the requirements for an environmental management system established in this chapter and by the department. Eligible large quantity toxics users that choose to complete an alternative resource conservation plan pursuant to clause (ii) shall complete a toxics use reduction plan update during the subsequent planning year. Eligible large quantity toxics users that choose to implement an environmental management system pursuant to clause (iii) shall report to the department on the progress of the environmental management system according to a schedule and form developed by the department.

(E) Six months prior to the date when the initial plan or an update must be completed, each large quantity toxics user shall notify all of its employees of the requirements for the plan or update, identify the toxic or hazardous substances and production units for which a plan or update will be submitted, provide the criteria for plans specified by the department and solicit in the notice comments or suggestions from all employees on toxics use reduction options.

(F) Large quantify toxics users shall file a plan summary with the department on or before July 1 of the applicable year. The summary shall include:-

(1) for a toxics use reduction plan, a copy of the plan certification by a toxics use reduction planner;

(2) for an alternative pollution prevention and resource conservation plan, a certification by a toxics use reduction planner that the plan has been reviewed and meets the requirements of clause (ii) of subsection (D); and

(3) for an environmental management system, a certification by a toxics use reduction planner or other environmental management professional with demonstrated qualifications in environmental management systems and toxics use reduction that the environmental management system is in place and meets the requirements of clause (iii) of said subsection (D).

(G) Pursuant to the authority established under section fourteen, the department may require that small quantity toxics users in user segments designated as priority segments pursuant to that section, must comply with part or all of the planning requirements applicable to large quantity toxics users established in this section.

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Last modified: September 11, 2015