2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 21i - Massachusetts Toxics Use Reduction Act › Section 10 - Annual Toxic or Hazardous Substance Reports

Section 10. Each large quantity toxics user shall provide to the department for each facility an annual report for each toxic or hazardous substance manufactured, processed, or otherwise used at that facility in amounts equal to or exceeding the applicable threshold amounts. Reporting shall be expressed in terms of the mass of each toxic or hazardous substance manufactured, processed, or otherwise used. In reporting on each such toxic or hazardous substance, the large quantity toxics user shall report the total mass of the substance, whether in a pure form or contained in a mixture, subject to the establishment of
de minimis
levels of chemicals in a mixture by regulation of the department. Such reports for facilities in SIC Codes Twenty through Thirty-nine inclusive shall be submitted to the department on or before July 1, 1991, and annually thereafter on or before July 1. Such reports for facilities in SIC Codes Ten through Fourteen inclusive, Forty, Forty-four through Fifty-one inclusive, Seventy-two, Seventy-three, Seventy-five and Seventy-six shall be submitted to the department on or before July 1, 1992, and annually thereafter on or before July 1. All such reports shall contain data accounting for toxic or hazardous substances manufactured, processed or otherwise used during the preceding calendar year.
(A) The reports shall use reporting forms required by the regulations promulgated pursuant to section 313 of EPCRA. To the extent that information required by this section is not included in such forms, such information shall be submitted on supplemental forms established by the department by regulation promulgated no later than January 1, 1991, and modified thereafter as appropriate.
(B) Each report shall include the following facility information:
(1) The information required to be submitted under regulations promulgated pursuant to section 313 of EPCRA.
(2) The quantities of the toxic or hazardous substance at the facility which are: manufactured; processed; otherwise used; generated as byproduct prior to any handling, transfer, treatment or release; and shipped as or in product from the facility.
(C)(1) Each report shall also include for each production unit at the large quantity toxics user's facility in which the toxic or hazardous substance is manufactured, processed or otherwise used, the following information:
(a) the information necessary to identify the large quantity toxics user, the facility, the production unit and the toxic or hazardous substance;
(b) an indication of whether the toxic or hazardous substance was used in the production unit in amounts (i) greater than zero pounds and less than or equal to five thousand pounds; (ii) greater than five thousand pounds but less than or equal to ten thousand pounds; (iii) greater than 10,000 pounds but less than or equal to 100,000 pounds; (iv) greater than 100,000 pounds but less than or equal to 500,000 pounds; or (v) greater than 500,000 pounds.
(c) A quantitative or qualitative indication of significant change in toxics use and byproduct generation, compared with the previous reporting year, including toxics use reduction techniques employed.
(2) For the information submitted under this subsection the large quantity toxics user shall maintain at the facility documentation which is necessary to substantiate the information submitted, including, but not limited to, documentation of the quantity of the toxic or hazardous substance used in each production unit and the quantity generated as byproduct by each production unit.
(D)(1) The following shall be exempted from the reporting requirements of this section:
(a) facilities with fewer than the equivalent of ten full-time employees;
(b) activities in laboratories, including quality control laboratories, to the extent and in the manner such activities are exempted from reporting in regulations promulgated pursuant to section 313 of EPCRA.
(2) The following shall be exempted from the reporting requirements of subsection (C) of this section:
(a) pilot plants and pilot production units;
(b) start-up production units for a time period equal to the shorter of either the time period from the date of initial operation until required operational efficiency is achieved, or two years from the date of initial operation.
(3) Facilities claiming the exemptions provided for in this subsection shall maintain on-site documentation supporting all exemption claims.
(E) In calculating, measuring, or estimating quantities of a toxic or hazardous substance to be reported under this section, large quantity toxics users shall report with the maximum accuracy that is feasible and practicable. Large quantity toxics users shall report quantities with accuracy to two significant digits.
[There is no subsection (F).]
(G) A senior management official shall sign each report certifying its accuracy and completeness.
(H) The department shall make available and, to the extent practicable, shall require, reporting and recording of the report data via electronic submittal.
(I) Pursuant to and consistent with 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, comply with part or all of the reporting requirements applicable to large quantity toxics users pursuant to this section.
(J) Any toxic user required to file a report with the United States Environmental Protection Agency pursuant to section 313 of EPCRA during the year 1990 shall file a copy of such report with the department on or before July 1, 1990.