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, 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 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.