Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 41.00 - Toxic Or Hazardous Substance List › Section 41.02 - Definitions

Current through Register 1525, July 5, 2024
Board
means the Science Advisory Board
				of the Toxics Use Reduction Institute at the University of Massachusetts
				Lowell.
Calendar Year Reporting Period
means
				the calendar year beginning with the month of January and ending with the month
				of December.
CAS Registry Number or CAS #
means
				that number assigned to a chemical substance by the Chemical Abstract
				Service.
CERCLA
means the Comprehensive
				Environmental Response Compensation and Liability Act,
				42
				USC §
									9601, et seq. ( Public Law 92-500
				).
Council
means the Administrative
				Council on Toxics Use Reduction created under 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. §
									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 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 41.02:
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.
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 301 CMR 41.02:
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 301 CMR 41.02:
Import
, "to cause" includes, without
				limitation:
(a) situations where a person orders a toxic substance from a
				foreign supplier; and
(b) situations where the person uses an import brokerage firm
				as an agent to obtain the toxic substance.
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 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.
Substance
means any agent or material
				including, but not limited to: pure chemicals with a specific chemical and
				structural identity; and categories or groups of chemicals, compounds or
				mixtures that share similar, identifiable characteristics such as, but not
				limited to, elemental composition, chemical formula, chemical structure,
				chemical properties, physical properties, functional groups or chemical
				manufacture.
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, drags, 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 User
means the
				following:
(a) any person who owns or operates any facility that
				manufactures, processes or otherwise uses any toxic or hazardous substance and
				that is classified in the Standard Industrial Classification (SIC) Codes 10
				through 14, 20 through 40, 44 through 51, 72, 73, 75 and/or 76, or the
				corresponding North American Industry Classification System (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.
Toxics Use Reduction Institute
or
Institute
mean the Toxics Use Reduction Institute
				established pursuant to M.G.L. c. 21I, § 6.