310 CMR 50.10 - Definitions

As used in 310 CMR 50.00, the following terms shall have the following meanings, unless the context otherwise clearly requires.

Agency means state agency.

Appellant means an individual or organization who requests an adjudicatory hearing pursuant to M.G.L. c. 21I and 310 CMR 50.00.

Applicant means an individual who submits an application for certification as a toxics use reduction planner in accordance with 310 CMR 50.50.

Article means a manufactured item, other than an item which is manufactured at the facility:

(a) which is formed to a specific shape or design during manufacture;

(b) which has end use functions dependent in whole or in part upon its shape or design during end use; and

(c) which does not release a toxic substance under normal conditions of processing or use of that item at the facility or establishments.

Board means the Science Advisory Board of the Toxics Use Reduction Institute at the University of Massachusetts Lowell.

Byproduct means nonproduct outputs of toxic or hazardous substances generated by a production unit, before handling, transfer, treatment or release. "Otherwise used" substances shall be counted as byproduct when they leave a production unit.

CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. ( Public Law 92-500 ).

Commissioner means the Commissioner of the Department of Environmental Protection (pursuant to St. 1998, c. 240,§ 101,"... the Department of Environmental Quality Engineering shall be known as the Department of Environmental Protection") or his designee.

Council means the Administrative Council on Toxics Use Reduction as established by M.G.L. c. 21I,§ 4.

Covered Toxic means:

(a) a toxic substance that is manufactured, processed, or otherwise used at a facility in amounts, determined in accordance with 310 CMR 50.20, equal to or greater than the applicable threshold amount.

(b) A "covered toxic" also means a toxic substance manufactured, processed, or otherwise used by a toxic user within a priority user segment designated pursuant to M.G.L. c. 21I,§ 14 for which the Department requires reporting or planning pursuant to M.G.L. c. 21I,§§ 14 and 10 or 11.

Customs Territory of the United States means the 50 States, the District of Columbia, and Puerto Rico.

Department means the Department of Environmental Protection (pursuant to St. 1998, c. 240,§ 101,"... the Department of Environmental Quality Engineering shall be known as the Department of Environmental Protection").

Emission means a release of a toxic or hazardous substance to the environment or a transfer of a toxic or hazardous substance in waste to an off-site location.

Environmental Aspect means an element of a facility's products, activities, or services that can interact with the environment.

Environmental Impact means any change in the environment resulting from a facility's products, activities, or services.

Environmental Management System (EMS) means a quality-based management system that effectively integrates environmental considerations into an organization's day-to-day operations and management culture. In order to be eligible to be an alternative to toxic use reduction planning, the environmental management system shall, at a minimum, meet the following criteria:

(a) include all production units that use Toxics Use Reduction Act (TURA)-listed chemicals used in reportable quantities as part of the environmental management system;

(b) identify all TURA-listed chemicals used in reportable quantities as significant aspects;

(c) consider toxics use reduction when identifying significant aspects and developing associated objectives and targets;

(d) emphasize source reduction in achieving objectives; and

(e) incorporate appropriate environmental performance metrics when developing objectives and targets.

Environmental Management System Professional or EMS Professional means a person accredited or certified under a national, international or other recognized EMS standard or a person who has at least two years of experience in developing or auditing EMSs.

EPCRA means the Emergency Planning and Community Right-to-know Act, 42 U.S.C. § 11001 et seq. ( Public Law 99-499 ).

Establishment means an economic unit, generally at a single physical location, where business is conducted or where services or industrial operations are performed.

Facility means all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person, or by any person who controls, is controlled by, or is under common control with, such person. A facility may consist of more than one establishment if the establishments are operated by persons who have a common corporate or business interest (including, without limitation, common ownership or control) in the establishments. If the facility consists of more than one establishment where the establishments are operated by persons who do not have a common corporate or business interest (including, without limitation, common ownership or control) in the establishments, then each such person shall treat the establishments it operates as a facility.

For purposes of 310 CMR 50.10: Facility, a "common corporate or business interest" includes ownership, partnership, joint ventures, ownership of a controlling interest in one person by the other, or ownership of a controlling interest in both persons by a third person.

Form A means the report authorized by 40 CFR, part 372.27 and containing the data elements specified in 40 CFR, part 372.95.

Form R means the report required by Section 313 of EPCRA and 40 CFR part 372.

Form S means the form required by M.G.L. c. 21I and 310 CMR 50.30.

Full-time Employee means each 2,000 hours worked per year by an employee or combination of employees.

Full-time Individual Employed or Full-time Equivalent means each 2,000 hours worked per year by an employee or combination of employees.

Full-time Work Experience means experience during full-time employment which extends over an uninterrupted period of three months or more with a minimum of 37.5 hours per week.

General Practice Toxics Use Reduction Planner means an individual who has a valid certification issued by the Department pursuant to 310 CMR 50.54 to certify toxics use reduction plans for any toxics user.

Higher Hazard Substance means a substance designated by the Council as a higher hazard substance pursuant to M.G.L. c. 21I,§ 9 and 301 CMR 41.00.

Import means to cause a toxic substance (including a mixture containing a toxic substance) to be imported into the customs territory of the United States. For purposes of 310 CMR 50.10: Import,"to cause" means to intend that the toxic substance be imported and to control the identity of the imported toxic substance and the amount to be imported. For purposes of 310 CMR 50.10: Import,"to cause" includes, without limitation situations where a person orders a toxic substance from a foreign supplier, and situations where the person uses an import brokerage firm as an agent to obtain the toxic substance.

Independent Auditor means a person qualified by experience and/or training to audit an EMS. This person may be a third-party auditor or an employee of a facility provided that the employee is not the person who has responsibility for implementing the EMS.

Institute means the Toxics Use Reduction Institute at the University of Massachusetts Lowell.

Intermediate Product means

(a) in chemical manufacturing, any chemical substance that is consumed, in whole or in part, in chemical reactions used for the intentional manufacture of another chemical substance or mixture, or that is intentionally present for the purpose of altering the rate of chemical reactions, other than a non-isolated intermediate as defined in M.G.L. c. 21I;

(b) in any other setting, any manufactured substance, compound, or product that is consumed, in whole or in part, in a chemical or physical process for the intentional manufacture of another product, or that is intentionally present for the purpose of aiding the manufacture of another product, other than a non-isolated intermediate as defined in M.G.L. c. 21I and 310 CMR 50.00.

Large Quantity Toxics User means any toxics user who manufactures, processes or otherwise uses any toxic or hazardous substance in an amount, determined in accordance with 310 CMR 50.20, the same as or greater than the applicable threshold amount in a calendar year at a facility. When more than one threshold applies to a facility's manufacturing, processing, or other use of a toxic substance, the toxics user is a large quantity toxics user if the facility exceeds any applicable threshold.

Limited Practice Toxics Use Reduction Planner means an individual who has a valid certification issued by the Department pursuant to 310 CMR 50.54 or 50.55 to certify toxics use reduction plans for facilities owned or operated by his or her employer.

Lower Hazard Substance means a substance designated by the Council as a lower hazard substance pursuant to M.G.L. c. 21I,§ 9 and 301 CMR 41.00.

Manufacture means to produce, prepare, import or compound a toxic or hazardous substance. Manufacture shall also mean to produce a toxic or hazardous substance coincidentally during the manufacture, processing, use or disposal of another substance or mixture of substances, including a toxic substance that is separated from such other substance or mixture of substances as a byproduct, and a toxic substance that remains in such other substance or mixture of substances as an impurity.

Mixture means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction. However, if the combination was produced by a chemical reaction but could have been produced without a chemical reaction, it is also treated as a mixture. A mixture also includes any combination which consists of a chemical and associated impurities.

Multi-media means having to do with all environmental media including, but not limited to, water, land and air and workplaces within facilities.

NAICS means the North American Industry Classification System developed under the auspices of the United States Office of Management and Budget.

Natural Asset or Asset means the natural resource or toxic substance targeted in a resource conservation plan pursuant to 310 CMR 50.90.

Non-isolated Intermediate means any intermediate which is not intentionally removed from the equipment in which it is manufactured, including any reaction vessel in which it is manufactured, equipment which is ancillary to the reaction vessel or similar equipment, and any equipment through which the intermediate passes during a continuous flow process, but not including tanks or other vessels or equipment in which the substance or product is stored after manufacture.

Office means Office of Technical Assistance and Technology within the Executive Office of Environmental Affairs.

Operation means a process or activity including, but not limited to, production processes, administrative activities, maintenance activities, food service, and other facility based activities performed at a facility.

Otherwise Use or Other Use means any use of a toxic substance that is not covered by the terms "manufacture" or "process" and includes use of a toxic substance contained in a mixture or trade name product. Relabeling or redistributing a container of a toxic substance where no repackaging of the toxic substance occurs does not constitute use or processing of the toxic substance.

Person means any individual, trust, firm, joint stock company, corporation, partnership, or association engaged in business or in providing service, excluding the Commonwealth of Massachusetts, and any authority, district, municipality or political subdivision of the Commonwealth of Massachusetts.

Plan Summary or Summary means the plan summary that a toxics user is required to submit to the Department pursuant to M.G.L. c. 21I,§ 11(F) and 310 CMR 50.40.

POTW (Publicly-owned Treatment Works) Operators means holders of discharge permits for any devices and systems owned by the Commonwealth or any of its political subdivisions and used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature to implement 33 U.S.C. § 1281, or necessary to recycle or reuse water at the most economical cost under the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and the appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; any works, including the land that will be an integral part of the treatment process (including the land used for the storage of treated wastewater in land treatment systems prior to land application) or is used for ultimate disposal of residues resulting from such treatment; any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm water runoff, or industrial waste, including waste in combined storm water and sanitary sewer systems.

Process means the preparation of a toxic or hazardous substance, including, without limitation, a toxic substance contained in a mixture or trade name product, after its manufacture, for distribution in commerce:

(a) in the same form or physical state, or in a different form or physical state from, that in which it was received by the toxics user so preparing such substance; or

(b) as part of an article containing the toxic or hazardous substance.

Product means a product, a family of products, an intermediate product, a family of intermediate products, or a desired result or a family of results. "Product" also means a byproduct that is used as a raw material without treatment. If a byproduct is treated before it is used as a raw material, then it is not a product.

Production Unit means a process, line, method, activity, or technique, or a combination or series thereof, used to produce a product.

Resource Conservation means an action that decreases the use or consumption of a natural asset such as water, energy, or raw materials, or increases the efficiency of the use of the asset, without increasing the risk to the public, including workers and consumers, or the environment and without increasing the amount of waste generated.

Resource Conservation Plan means the plan a toxics user may develop as an alternative to a toxics use reduction plan pursuant to M.G.L. c. 21I,§ 11(D) and 310 CMR 50.90.

Senior Management Official means an official who has management responsibility for the person or persons completing the report or plan, and who has authority to act as an agent for the toxics user.

SIC Code or Standard Industrial Classification Code means a specific identification code, within the identification code system developed by the United States Chamber of Commerce, assigned to a facility.

Small Quantity Toxics User means any toxics user who is not a large quantity toxics user.

Source Reduction means any change in the design, manufacture, purchase, or use of materials, products, or energy to reduce their amount or toxicity before they become a waste (i.e., before recycling, treatment, release or disposal). Source reduction includes toxics use reduction.

State Agency means any agency or authority of the Commonwealth as defined in M.G.L. c. 30A,§ 1.

Thresholds Amounts or Threshold Amount mean the following:

(a) for those toxics users that manufacture or process a toxic or hazardous substance, as the terms "manufacture" and "process" are defined in 310 CMR 50.10, the threshold amount for a toxic or hazardous substance shall be 25,000 pounds each year at any one facility, except the threshold will be 1,000 pounds each year at any one facility for a higher hazard substance; and

(b) for those toxics users that otherwise use a toxic or hazardous substance, the threshold amount for a toxic or hazardous substance shall be 10,000 pounds each year at any one facility, except the threshold will be 1,000 pounds each year at any one facility for a higher hazard substance;

(c) if the administrator of the United States Environmental Protection Agency sets a threshold quantity for facility reporting on a toxic or hazardous substance under Section 313 of EPCRA which is lower than a corresponding threshold amount specified in 310 CMR 50.10: Thresholds Amounts or Threshold Amount(a) or (b), then the corresponding threshold for that substance pursuant to M.G.L. c. 21I and 310 CMR 50.00 shall be the same as the federal threshold.

(d) if the Council sets a threshold amount in 301 CMR 41.00 for a higher hazard substance below that which is specified in 310 CMR 50.10: Thresholds Amounts or Threshold Amount(a) and (b), that lower threshold shall apply for that higher hazard substance.

Toxic means toxic or hazardous.

Toxic or Hazardous Substance means a substance in a gaseous, liquid, solid or other form which is identified on the toxic or hazardous substance list established pursuant to M.G.L. c. 21I,§ 9 and 301 CMR 41.00, but which will not include any substance when it is:

(a) present in an article;

(b) used as a structural component of a facility;

(c) present in a product used for routine janitorial or facility grounds maintenance;

(d) present in foods, drugs, cosmetics or other personal items used by employees or other toxics users at a facility;

(e) present in a product used for the purpose of maintaining motor vehicles operated by a facility;

(f) present in process water or non-contact cooling water as drawn from the environment or from municipal sources, or present in air used either as compressed air or as part of combustion;

(g) present in a pesticide or herbicide when used in agricultural applications;

(h) present in crude, lubricating or fuel oils or other petroleum materials being held for direct wholesale or retail sale; or

(i) present in crude or fuel oils used in combustion to produce electricity, steam or heat except when production of electricity, steam or heat is the primary business of a facility.

Toxic or Hazardous Substance List means the list of toxic or hazardous substances in 301 CMR 41.00 and established pursuant to M.G.L. c. 21I,§ 9.

Toxics means toxic or hazardous substances.

Toxics Use Fee means the fee in 301 CMR 40.00 established under, and assessed pursuant to, M.G.L. c. 21I,§ 19.

Toxics User means the following:

(a) a person who owns or operates a facility that manufactures, processes or otherwise uses any toxic or hazardous substance that is classified in SIC Codes 10 through 14,20 through 40,44 through 51,72,73,75 or 76, or the corresponding NAICS codes.

(b) If a person owns a facility, and that person's only interest in the facility is ownership of the real estate upon which the facility is operated, then, with respect to that facility, that person is not a toxics user. This includes, without limitation, owners of facilities such as industrial parks, all or part of which are leased to persons who operate establishments within SIC codes 10 through 14,20 through 40,44 through 51,72,73,75 or 76, or the corresponding NAICS codes where the owner has no other business interest in the operation of the facility or establishment.

Toxics Use Reduction means in-plant changes in production processes or raw material that reduce, avoid, or eliminate the use of toxic or hazardous substances or generation of hazardous byproducts per unit of product, so as to reduce risks to the health of workers, consumers, or the environment, without shifting risks between workers, consumers, or parts of the environment. Toxics use reduction shall be achieved through any of the following techniques:

(a) Input substitution, which refers to replacing a toxic or hazardous substance or raw material used in a production unit with a non-toxic or less toxic substance;

(b) Product reformulation, which refers to substituting for an existing end-product an end product which is non-toxic or less toxic upon use, release or disposal;

(c) Production unit redesign or modification, which refers to developing and using production units of a different design than those currently used;

(d) Production unit modernization, which refers to upgrading or replacing existing production unit equipment and methods with other equipment and methods, based on the same production unit;

(e) Improved operation and maintenance of production unit equipment and methods, which refers to modifying or adding to existing equipment or methods including, but not limited to, such techniques as improved housekeeping practices, system adjustments, product and process inspections, or production unit control equipment or methods; or

(f) Recycling, reuse, or extended use of toxics by using equipment or methods which become an integral part of the production unit of concern, including but not limited to filtration and other closed loop methods.

However, toxics use reduction shall not include or in any way be inferred to promote or require incineration, transfer from one medium of release or discharge to other media, off-site or out-of-production unit waste recycling, or methods of and-of-pipe treatment of toxics as waste.

Toxics Use Reduction Institute or Institute mean the Toxics Use Reduction Institute established pursuant to M.G.L. c. 21I,§ 6.

Toxics Use Reduction Plan or Plan means the plan or update to the plan that a toxics user is required to develop in accordance with M.G.L. c. 21I,§ 11 and 310 CMR 50.40.

Toxics Use Reduction Planner or Planner means an individual certified by the Department in accordance with 310 CMR 50.50.

Toxics Use Report means the report that a toxics user is required to submit to the Department pursuant to M.G.L. c. 21I,§ 10 and 310 CMR 50.30.

Toxics Use Reduction Planning Program means an educational program in toxics use reduction developed by the Institute in accordance with M.G.L. c. 21I, § 6(E).

Trade Secret means any formula, plan, pattern, process, production data, device, information, or compilation of information which is used in a toxics user's business, and which gives said toxics user an opportunity to obtain an advantage over competitors who do not know or use it.

TURA Toxic Use Reduction Act, M.G.L. c. 211.

Uniform Certification Examination, Examination or Exam means an examination prepared by the Department pursuant to M.G.L. c. 21I,§ 12.

Unit of Product means a measure that reflects the level of production or activity associated with the use of the toxic or the generation of the toxic as byproduct.

User Segment means a set of no fewer than five toxics users who employ a similar production unit, classified by the department pursuant to 310 CMR 50.70. Production units grouped into a user segment must contain similar products and processes.

Notes

310 CMR 50.10