Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 50.00 - Toxics Use Reduction › Section 50.10 - Definitions

Current through Register 1525, July 5, 2024
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.