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. 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. Small Quantity Toxics User means any toxics user who is not a large quantity toxics user. Source Reduction means any change in the design, manufacture, purchase, or use of materials, products, or energy to reduce their amount or toxicity before they become a waste (i.e., before recycling, treatment, release or disposal). Source reduction includes toxics use reduction. State Agency means any agency or authority of the Commonwealth as defined in M.G.L. c. 30A, § 1. Thresholds Amounts or Threshold Amount mean the following: (a) for those toxics users that manufacture or process a toxic or hazardous substance, as the terms "manufacture" and "process" are defined in 310 CMR 50.10, 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 anyone 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 EPCRA which is lower than a corresponding threshold amount specified in 310 CMR