Definitions

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