301 CMR, § 40.02
Commissioner means the Commissioner of the Department of Environmental Protection or his/her designee.
Council means the Administrative Council on Toxics Use Reduction as established by M.G.L. c. 21I, § 4.
Department means the Department of Environmental Protection.
EPCRA means the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 1101et seq. ( Public Law 99-499).
Full-time Individual Employed or Full-time Equivalent, as those phrases are used in M.G.L. c. 21I, § 19 and in 301 CMR 40.00 mean each 2,000 hours worked per year by an employee or combination of employees.
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 301 CMR 40.02: 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.
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.
Large Quantity Toxics User means any toxics user who manufactures, processes or otherwise uses any toxic or hazardous substance in an amount 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.
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.
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.
Process means the preparation of a toxic or hazardous substance, 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.
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.
Threshold Amounts or Threshold Amount mean the following;
(a) for those toxics users that manufacture or process a toxic or hazardous substance 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 EPRCA which is lower than a corresponding threshold amount specified in 301 CMR 40.02: Threshold Amounts or Threshold Amount (a) or (b), the corresponding threshold for that substance under M.G.L. c. 21I 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 301 CMR 40.02: Threshold Amounts or Threshold Amount (a) or (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 the air used either as compressed air or part of combustion;
(g) present in a pesticide or herbicide when used in agricultural applications;
(h) present in crude, lube, 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 established pursuant to M.G.L. c. 21I, § 9 and 301 CMR 41.00.
Toxics means toxic or hazardous substances as defined in 301 CMR 41.02.
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 and/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 and/or 76, or the corresponding NAICS codes, where the owner has no other business interest in the operation of the facility or establishment.
301 CMR, § 40.02