Rules for Determining Amount of Toxic Substance Manufactured, Processed, or Otherwise Used

(1) Toxics users shall follow the rules set forth in 310 CMR 50.20 for purposes of determining the amount or quantity of a toxic substance manufactured, processed, or otherwise used at a facility. This includes, without limitation, the following purposes: (a) to determine whether the toxics user is a large quantity toxics user or a small quantity toxics user, or, (b) to determine the amount of a covered toxic manufactured, processed, or otherwise used at a facility. (2) When a facility manufactures, processes, or otherwise uses more than one member of a chemical category listed in 40 CFR Part 372.65(c), the toxics user shall add together each member of the chemical category in order to determine the total amount of the toxic substance manufactured, processed, or otherwise used at the facility. (3) A facility may process or otherwise use a toxic substance in a recycle/reuse operation. To determine the amount of such toxic substances, the toxics user shall count the amount of the toxic substance added to the recycle/reuse operation during the calendar year. In particular, if the facility starts up such an operation during a calendar year, or in the event that the contents of the whole recycle/reuse operation are replaced in a calendar year, the toxics user shall also count the amount of the toxic substance placed into the system at these times. (4) A toxic substance may be listed in 40 CFR Part 372.65 with the notation that only persons who manufacture the toxic substance, or manufacture it by a certain method, are required to report. In that case, in determining the quantity of the toxic substance manufactured at the facility, the toxics user shall consider only the amount of the toxic substance as described in 40 CFR Part 372.65. (5) A toxic substance may be listed in 40 CFR Part 372.65 with the notation that it is in a specific form (e.g., fume or dust, solution, or friable) or of a specific color (e.g. yellow or white). In that case, in determining the amount of the toxic substance manufactured, processed, or otherwise used at the facility, the toxics user shall consider only the amount of such toxic substances that the facility manufactures, processes, or otherwise uses in the form or of the color specified in 40 CFR Part 372.65. (6) Metal compound categories are listed in 40 CFR Part 372.65(c). For purposes of determining the amount of the metal compound category manufactured, processed, or otherwise used at the facility, the toxics user shall consider the total amount of all members of the metal compound category manufactured, processed, or otherwise used at the facility. (7) With respect to toxic substances present as a component of a mixture or trade name product, toxics users shall consider the quantity of the toxic substance if the toxics user knows that the toxic substance is present as a component of the mixture or a trade name product. In determining the amount or quantity of a toxic substance manufactured, processed, or otherwise used at a facility, the toxics user shall not consider the amount of the toxic substance if it is present in a mixture in concentrations equal to or below the de minimus concentration for that toxic substance set forth in 40 CFR Part 372.38(a); provided, however, that this de minimis exemption shall not apply for any toxic or hazardous substance specified as a chemical of special concern in 40 CFR Part 372.28. (a) The toxics user knows that a toxic substance is present as a component of a mixture or trade name product 1. if the toxics user knows or has been told the chemical identity or Chemical Abstracts Service Registry Number of the substance and the identity or number corresponds to an identity or number in 40 CFR Part 372.65, or 2. if the toxics user knows or has been told by the supplier of the mixture or trade name product, that the mixture or trade name product contains a toxic substance subject to M.G.L. c. 21I, § 313 of EPCRA or 40 CFR Part 372,65, or Sections 101(14) or 102 of CERCLA. (b) To determine whether a toxic substance which is a component of a mixture or trade name product has been imported, processed, or otherwise used in excess of an applicable threshold at the facility, the toxics user shall consider only the portion of the mixture or trade name product that consists of the toxic substance and that is imported, processed, or otherwise used at the facility as follows: 1. If the toxics user knows the specific chemical identity of the toxic substance and the specific concentration at which it is present in the mixture or trade name product, the toxics user shall determine the weight of the toxic substance imported, processed, or otherwise used as part of the mixture or trade name product at the facility and shall combine that with the weight of the toxic substance manufactured (including imported) processed, or otherwise used at the facility other than as part of the mixture or trade name product. 2. If the toxics user knows the specific chemical identity of the toxic substance and does not know the specific concentration at which the toxic substance is present in the mixture or trade name product, but has been told the upper bound concentration in the mixture or trade name product, the toxics user shall assume that the toxic substance is present in the mixture or trade name product at the upper bound concentration, and shall determine the quantity of the toxic substance manufactured, processed, or otherwise used at the facility in accordance with 310 CMR 50.20(7)(b)1. 3. If the toxics user knows the specific chemical identity of the toxic substance, does not know the specific concentration at which the toxic substance is present in the mixture or trade name product, has not been told the upper bound concentration of the toxic substance in the mixture or trade name product, and has not otherwise developed information on the composition of the toxic substance in the mixture or trade name product, then the toxics user need not consider that toxic substance in that mixture or trade name product in determining the amount of the toxic substance manufactured, processed, or otherwise used at the facility. 4. If the toxics user has been told that a mixture or trade name product contains a toxic substance, does not know the specific chemical identity of the toxic substance and knows the specific concentration at which it is present in the mixture or trade name product, the toxics user shall determine the weight of the toxic substance imported, processed, or otherwise used as part of the mixture or trade name product at the facility. Since the toxics user does not know the specific identity of the toxic substance, with respect to that toxic substance, the toxics user shall determine whether the facility is a large quantity toxics user or a small quantity toxics user based on the weight of that toxic substance present in the mixture or trade name product. 5. If the toxics user has been told that a mixture or trade name product contains a toxic substance, does not know the specific chemical identity of the toxic substance, and does not know the specific concentration at which the toxics substance is present in the mixture or trade name product, but has been told the upper bound concentration of the toxic substance in the mixture or trade name product, the toxics user shall assume that the toxic substance is present in the mixture or trade name product at the upper bound concentration, and shall determine the quantity of the toxic substance manufactured, processed, or otherwise used at the facility in 310 CMR 50.20(7)(b)1. 6. If the toxics user has been told that a mixture or trade name product contains a toxic substance, does not know the specific chemical identity of the toxic substance, does not know the specific concentration at which the toxic substance is present in the mixture or trade name product, including information they have themselves developed, and has not been told the upper bound concentration of the toxic substance in the mixture or trade name product, the toxics user need not consider such toxic substance for purposes of determining quantities of toxic substances manufactured, processed, or otherwise used at the facility. (8) A facility may consist of more than one establishment. In determining the amount of a toxic substance manufactured, processed, or otherwise used at a facility, the toxics user shall consider the amount of the toxic substance manufactured, processed, or otherwise used at each establishment within the facility. (9) In determining the amount of a toxic substance manufactured, processed, or otherwise used in a laboratory at a facility, the toxic user need not consider the quantity of such toxic substances if, pursuant to 40 CFR Part 372.38(d), the toxic substance is manufactured, processed, or otherwise used in a laboratory at a facility under the supervision of a technically qualified individual as defined in 40 CFR Part 720.3(ee). This exemption does not apply in the following circumstances: (a) Specialty chemical production; (b) Manufacture, processing, or use of toxic substances in pilot plant scale operations; (c) Activities conducted outside the laboratory.