Section 096-82-4 - ExemptionsThe department may exempt classes of facilities and specific uses of priority toxic chemicals by commercial and industrial facilities from the requirements of this chapter if the department determines that no reasonably available safer alternative exists, that the chemical is naturally occurring or that application of this chapter is unlikely to result in the reduction of the use of a priority toxic chemical.
A.Laboratory Chemicals. Laboratory chemicals are chemicals which are used on a laboratory scale to perform experimental, quality assurance or investigative procedures and the procedures are not part of a production process which results in commercial quantities of materials.B. Activities. If a chemical results from activities or processes which result in the handling or disposal of a priority toxic chemical (E.g. laundering of materials containing such chemicals) Air emissions subject to Section 112(d) or (k) of the Clean Air Act or Sections 301, 307 or 311 of the Clean Water Act, regardless of concentrations of priority toxic chemicals are not included in calculations to determine if the reporting and pollution prevention threshold has been met. In calculating the threshold, a facility that launders garments or other textiles is not required to include quantities of priority toxic chemicals that come into the facility on garments and textiles that it receives and processes for its customers Naturally occurring priority toxic chemicals below the percentages listed in this section in raw materials (e.g., biomass, wood, etc.), fuels (e.g., natural gas, etc) and intermediary materials (e.g., wood pulp, etc.), and emissions from combustion of such raw materials, fuels and intermediary materials are not included in calculations to determine if the reporting and pollution prevention planning threshold has been met.C. Regulatory redundancy. The department may also consider the extent to which a chemical of high concern is regulated by the Federal Government or an agency of the State if, as part of its regulation, the State or Federal agency requires information required under Section 2A and Section 3 of 06-096 Chapter 82. A facility subject to the requirements of this chapter may file an application for an exemption from some or all of the requirements of this chapter on a form developed by the department. The department shall rule on a request for an exemption within 120 days of receipt of an application.
06- 096 C.M.R. ch. 82, § 4