Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 40.00 - Toxic Use Fee › Section 40.02 - Definitions

Current through Register 1525, July 5, 2024
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. §
									1101
et 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.