General Laws

Section 2. In this chapter, the following words shall have the following meanings:

“Agency,” state agency.

“Board”, the science advisory board of the Toxics Use Reduction Institute at the University of Massachusetts Lowell.

“Byproduct” non-product outputs of toxic or hazardous substances generated by a production unit, before handling, transfer, treatment or release. Otherwise used substances shall be counted as byproduct when they leave a production unit.

“CERCLA,” the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. S9601 et. seq. (Public Law 92-500).

“Commissioner”, the commissioner of the department of environmental protection.

“Council,” the administrative council on toxics use reduction as established by section four of this chapter.

“Department”, the department of environmental protection.

“Emission,” a release of a toxic or hazardous substance to the environment or a transfer of a toxic or hazardous substance in waste to an off-site location.

“Environmental management system”, a quality-based management system that effectively integrates environmental considerations into an organization’s day-to-day operations and management culture. The department and the council shall have responsibilities to further define an environmental management system as it relates to this chapter. In order to be eligible to be an alternative to toxic use reduction planning, the environmental management system shall, at a minimum, meet the following criteria: (a) include all production units that use TURA-listed chemicals used in reportable quantities as part of the environmental management system; (b) identify all TURA-listed chemicals used in reportable quantities as significant aspects; (c) consider toxics use reduction when identifying significant aspects and developing associated objectives and targets; (d) emphasize source reduction in achieving objectives; and (e) incorporate appropriate environmental performance metrics when developing objectives and targets.

“EPCRA,” the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. S11001 et. seq. (Public Law 99-499).

“Facility,” 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.

“Higher hazard substance”, a substance designated as a higher hazard substance pursuant to section 9.

“Institute”, the Toxics Use Reduction Institute at the University of Massachusetts Lowell.

“Intermediate product,” (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 this chapter; (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, becomes a component part 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 this chapter.

“Large quantity toxic user,” 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.

“Lower hazard substance”, a substance designated as a lower hazard substance pursuant to section 9.

“Manufacture,” 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 that other substance or mixture of substances as a byproduct, and a toxic substance that remains in that 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,” having to do with all environmental media including, but not limited to, water, land and air and workplaces within facilities.

“Non-isolated intermediate,” 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”, office of technical assistance and technology within the executive office of environmental affairs.

“Person,” 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.

“POTW (publicly-owned treatment works) operators,” 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. S1281, 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 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,” 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.

“Product,” a product, a family of products, an intermediate product, a family of intermediate products, or a desired results or a family of result.

“Production unit,” a process, line, method, activity, or technique, or a combination or series thereof, used to produce a product.

“Resource conservation”, 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.

“SIC code,” the identification code assigned to facilities by the United States Department of Commerce.

“Small quantity toxics user,” any toxics user who is not a large quantity toxics user.

“State agency,” any agency or authority of the commonwealth as defined in section one of chapter thirty A of the General Laws.

“Threshold amounts”, the thresholds for toxics or hazardous substances as established in section 9A.

“Toxics user”, a person who owns or operates a facility that manufactures, processes or otherwise uses any toxic or hazardous substance that is classified in SIC Codes 10 to 14, inclusive, 20 to 40, inclusive, 44 to 51, inclusive, 72, 73, 75, or 76 or the corresponding NAICS code.

“Toxic,” toxic or hazardous.

“Toxic or hazardous substance”, a substance in a gaseous, liquid, solid or other form which is identified on the toxic or hazardous substance list established pursuant to section 9, but which will not include any substance when it is (1) present in an article; (2) used as a structural component of a facility; (3) present in a product used for routine janitorial or facility grounds maintenance; (4) present in foods, drugs, cosmetics or other personal items used by employees or other persons at a facility; (5) present in a product used for the purpose of maintaining motor vehicles operated by a facility; (6) present in process water or non-contact cooling water as drawn from the environment or from municipal sources, or present in air used either as compressed air or as part of combustion; (7) present in a pesticide or herbicide when used in agricultural applications; (8) present in crude, lubricating or fuel oils or other petroleum materials being held for direct wholesale or retail sale; or (9) 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,” the list of toxic or hazardous substances established pursuant to section nine of this chapter.

“Toxics,” toxic or hazardous substances.

“Toxics use reduction,” in-plant changes in production processes or raw materials that reduce, avoid, or eliminate the use of toxic or hazardous substances or generation of hazardous byproducts per unit of product, so as to reduce risks to the health of workers, consumers, or the environment, without shifting risks between workers, consumers, or parts of the environment. Toxics use reduction shall be achieved through any of the following techniques:

1. Input substitution, which refers to replacing a toxic or hazardous substance or raw material used in a production unit with a non-toxic or less toxic substance;

2. Product reformulation, which refers to substituting for an existing end-product an end-product which is non-toxic or less toxic upon use, release or disposal;

3. Production unit redesign or modification, which refers to developing and using production units of a different design than those currently used;

4. Production unit modernization, which refers to upgrading or replacing existing production unit equipment and methods with other equipment and methods based on the same production unit;

5. Improved operation and maintenance of production unit equipment and methods which refers to modifying or adding to existing equipment or methods including, but not limited to, such techniques as improved housekeeping practices, system adjustments, product and process inspections, or production unit control equipment or methods; or

6. Recycling, reuse, or extended use of toxics by using equipment or methods which become an integral part of the production unit of concern, including but not limited to filtration and other closed loop methods.

However, toxics use reduction shall not include or in any way be inferred to promote or require incineration, transfer from one medium of release or discharge to other media, off-site or out-of-production unit waste recycling, or methods of end-of-pipe treatment of toxics as waste.

“Trade secret,” any formula, plan, pattern, process, production data, device, information, or compilation of information which is used in a toxics user’s business, and which gives said toxics user an opportunity to obtain an advantage over competitors who do not know or use it.

“TURA”, the toxics use reduction act.

“User segment,” a set of no fewer than five toxics users who employ a similar production unit, as classified by the department pursuant to section three of this chapter.

“Toxics Use Reduction Institute,” or “Institute,” the Toxics Use Reduction Institute established pursuant to section six of this chapter.