310 CMR 50.20 - Rules for Determining Amount of Toxic Substance Manufactured, processed, or Otherwise Used
(1) Toxics users
shall follow the rules set forth in 310 CMR 50.20 for purposes of determining
the amount or quantity of a toxic substance manufactured, processed, or
otherwise used at a facility. This includes, without limitation, the following
purposes:
(a) to determine whether the toxics
user is a large quantity toxics user or a small quantity toxics user,
or,
(b) to determine the amount of
a covered toxic manufactured, processed, or otherwise used at a
facility.
(2) When a
facility manufactures, processes, or otherwise uses more than one member of a
chemical category listed in
40 CFR
Part 372.65(c), the toxics
user shall add together each member of the chemical category in order to
determine the total amount of the toxic substance manufactured, processed, or
otherwise used at the facility.
(3)
A facility may process or otherwise use a toxic substance in a recycle/reuse
operation. To determine the amount of such toxic substances, the toxics user
shall count the amount of the toxic substance added to the recycle/reuse
operation during the calendar year. In particular, if the facility starts up
such an operation during a calendar year, or in the event that the contents of
the whole recycle/reuse operation are replaced in a calendar year, the toxics
user shall also count the amount of the toxic substance placed into the system
at these times.
(4) A toxic
substance may be listed in
40 CFR
Part 372.65 with the notation that only
persons who manufacture the toxic substance, or manufacture it by a certain
method, are required to report. In that case, in determining the quantity of
the toxic substance manufactured at the facility, the toxics user shall
consider only the amount of the toxic substance as described in
40 CFR
Part 372.65.
(5) A toxic substance may be listed in
40 CFR
Part 372.65 with the notation that it is in a
specific form (e.g.,fume or dust, solution, or friable) or of
a specific color (e.g. yellow or white). In that case, in
determining the amount of the toxic substance manufactured, processed, or
otherwise used at the facility, the toxics user shall consider only the amount
of such toxic substances that the facility manufactures, processes, or
otherwise uses in the form or of the color specified in
40 CFR
Part 372.65.
(6) Metal compound categories are listed in
40 CFR
Part 372.65(c). For purposes
of determining the amount of the metal compound category manufactured,
processed, or otherwise used at the facility, the toxics user shall consider
the total amount of all members of the metal compound category manufactured,
processed, or otherwise used at the facility.
(7) With respect to toxic substances present
as a component of a mixture or trade name product, toxics users shall consider
the quantity of the toxic substance if the toxics user knows that the toxic
substance is present as a component of the mixture or a trade name product. In
determining the amount or quantity of a toxic substance manufactured,
processed, or otherwise used at a facility, the toxics user shall not consider
the amount of the toxic substance if it is present in a mixture in
concentrations equal to or below the de minimus concentration
for that toxic substance set forth in
40
CFR Part 372.38(a);
provided, however, that this de minimis exemption shall not
apply for any toxic or hazardous substance specified as a chemical of special
concern in
40 CFR Part
372.28.
(a)
The toxics user knows that a toxic substance is present as a component of a
mixture or trade name product
1. if the toxics
user knows or has been told the chemical identity or Chemical Abstracts Service
Registry Number of the substance and the identity or number corresponds to an
identity or number in
40 CFR
Part 372.65, or
(b) To determine whether a toxic
substance which is a component of a mixture or trade name product has been
imported, processed, or otherwise used in excess of an applicable threshold at
the facility, the toxics user shall consider only the portion of the mixture or
trade name product that consists of the toxic substance and that is imported,
processed, or otherwise used at the facility as follows:
1. If the toxics user knows the specific
chemical identity of the toxic substance and the specific concentration at
which it is present in the mixture or trade name product, the toxics user shall
determine the weight of the toxic substance imported, processed, or otherwise
used as part of the mixture or trade name product at the facility and shall
combine that with the weight of the toxic substance manufactured (including
imported) processed, or otherwise used at the facility other than as part of
the mixture or trade name product.
2. If the toxics user knows the specific
chemical identity of the toxic substance and does not know the specific
concentration at which the toxic substance is present in the mixture or trade
name product, but has been told the upper bound concentration in the mixture or
trade name product, the toxics user shall assume that the toxic substance is
present in the mixture or trade name product at the upper bound concentration,
and shall determine the quantity of the toxic substance manufactured,
processed, or otherwise used at the facility in accordance with 310 CMR
50.20(7)(b)1.
3. If the toxics user
knows the specific chemical identity of the toxic substance, does not know the
specific concentration at which the toxic substance is present in the mixture
or trade name product, has not been told the upper bound concentration of the
toxic substance in the mixture or trade name product, and has not otherwise
developed information on the composition of the toxic substance in the mixture
or trade name product, then the toxics user need not consider that toxic
substance in that mixture or trade name product in determining the amount of
the toxic substance manufactured, processed, or otherwise used at the
facility.
4. If the toxics user has
been told that a mixture or trade name product contains a toxic substance, does
not know the specific chemical identity of the toxic substance and knows the
specific concentration at which it is present in the mixture or trade name
product, the toxics user shall determine the weight of the toxic substance
imported, processed, or otherwise used as part of the mixture or trade name
product at the facility. Since the toxics user does not know the specific
identity of the toxic substance, with respect to that toxic substance, the
toxics user shall determine whether the facility is a large quantity toxics
user or a small quantity toxics user based on the weight of that toxic
substance present in the mixture or trade name product.
5. If the toxics user has been told that a
mixture or trade name product contains a toxic substance, does not know the
specific chemical identity of the toxic substance, and does not know the
specific concentration at which the toxics substance is present in the mixture
or trade name product, but has been told the upper bound concentration of the
toxic substance in the mixture or trade name product, the toxics user shall
assume that the toxic substance is present in the mixture or trade name product
at the upper bound concentration, and shall determine the quantity of the toxic
substance manufactured, processed, or otherwise used at the facility in 310 CMR
50.20(7)(b)1.
6. If the toxics user
has been told that a mixture or trade name product contains a toxic substance,
does not know the specific chemical identity of the toxic substance, does not
know the specific concentration at which the toxic substance is present in the
mixture or trade name product, including information they have themselves
developed, and has not been told the upper bound concentration of the toxic
substance in the mixture or trade name product, the toxics user need not
consider such toxic substance for purposes of determining quantities of toxic
substances manufactured, processed, or otherwise used at the
facility.
(8)
A facility may consist of more than one establishment. In determining the
amount of a toxic substance manufactured, processed, or otherwise used at a
facility, the toxics user shall consider the amount of the toxic substance
manufactured, processed, or otherwise used at each establishment within the
facility.
(9) In determining the
amount of a toxic substance manufactured, processed, or otherwise used in a
laboratory at a facility, the toxic user need not consider the quantity of such
toxic substances if, pursuant to
40
CFR Part 372.38(d), the
toxic substance is manufactured, processed, or otherwise used in a laboratory
at a facility under the supervision of a technically qualified individual as
defined in
40
CFR Part 720.3(ee). This
exemption does not apply in the following circumstances:
(a) Specialty chemical production;
(b) Manufacture, processing, or use of toxic
substances in pilot plant scale operations;
(c) Activities conducted outside the
laboratory.
Notes
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