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Session Law

2006

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Chapter 188 AN ACT AMENDING THE TOXICS USE REDUCTION ACT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 21I of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of “Agency” the following definition:-

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

SECTION 2. Said section 2 of said chapter 21I is hereby further amended by striking out the definition of “Byproduct” and inserting in place thereof the following definition:-

“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.

SECTION 3. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by inserting after the definition of “Emission” the following definition:-

“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.

SECTION 4. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by inserting after the definition of “Facility” the following 2 definitions:-

“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.

SECTION 5. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by inserting after the definition of “Large quantity toxics user”, the following definition:-

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

SECTION 6. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by striking out the definition of “Manufacture” and inserting in place thereof the following definition:-
“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.

SECTION 7. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by striking out the definition of “Office” and inserting in place thereof the following definition:-

“Office”, office of technical assistance and technology within the executive office of environmental affairs.

SECTION 8. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by inserting after the definition of “Production unit” the following definition:-

“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.

SECTION 9. said section 2 of said chapter 21I, as so appearing, is hereby further amended by striking out the definition of “Threshold amounts” and inserting in place thereof the following definition:-

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

SECTION 10. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by striking out the definition of “Toxics user” and inserting in place thereof the following definition:-

“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.

SECTION 11. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by striking out the definition of “Toxic or hazardous substance” and inserting in place thereof the following definition:-

“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.

SECTION 12. Said section 2 of said chapter 21I, as so appearing, is hereby further amended by inserting after the definition of “Trade secret” the following definition:-

“TURA”, the toxics use reduction act.

SECTION 13. Section 3 of said chapter 21I, as so appearing, is hereby amended by striking out paragraph (H) and inserting in place thereof the following paragraph:-

(H) The department annually shall compile, analyze and summarize the reports required by section 10, to the extent available, and shall submit a report to the council on the agency's findings regarding progress in toxics use reduction and emissions reduction in the commonwealth. A copy of the report shall be filed with the clerk of the house of representatives and the clerk of the senate.

SECTION 14. Section 4 of said chapter 21I, as so appearing, is hereby amended by striking out the introductory paragraph and inserting in place thereof the following introductory paragraph:-

There shall be an administrative council on toxics use reduction. The council shall be composed of the secretary of environmental affairs or his designee; the commissioner of environmental protection or his designee; the secretary of economic development or his designee; the commissioner of public health or his designee; the director of labor and workforce development or his designee; and the secretary of public safety or his designee. The members of the council shall serve without additional compensation. The secretary of environmental affairs shall be the chairperson of the council and direct and coordinate the activities of the council. The council shall be considered a government body for the purposes of, and shall be subject to, section 11A 1/2 of chapter 30A. The council shall have its own staff. In addition to any other requirements of this chapter, the council's duties shall include the following.

SECTION 15. Said Section 4 of said chapter 21I, as so appearing, is hereby further amended by inserting after the word “Fund”, in line 40, the following words:- a summary of its deliberations and actions regarding its designation of substances as higher hazard substances or lower hazard substances.

SECTION 16. Said section 4 of said chapter 21I, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “and may provide an equal opportunity for such comment by the advisory board.”

SECTION 17. Said section 4 of said chapter 21I, as so appearing, is hereby further amended by striking out subsection (F) and inserting in place thereof the following 2 subsections:-

(F) The chairperson of the council shall appoint an advisory committee to the council including, but not limited to, the attorney general, or his designee; 2 persons representing statewide environmental organizations; 2 persons representing organized labor; 4 persons representing businesses in the commonwealth, including 2 representatives of small businesses; 1 person certified as a toxics use reduction planner; 1 person representing a water authority; 2 persons representing a statewide health policy advocacy organizations and 2 members of the general public, 1 of whom shall be a citizen who has been active in a local toxics-related environmental organization.

(G) The council shall, whenever it considers it necessary or favorable, establish ad hoc committees. The chairperson of the council, subject to the approval of the majority of the council, shall appoint members of ad hoc committees. Membership of the ad hoc committees shall not be limited to members of the advisory board.

SECTION 18. Section 5 of said chapter 21I is hereby repealed.

SECTION 19. Section 6 of said chapter 21I, as appearing in the 2004 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a Toxics Use Reduction Institute at the University of Massachusetts Lowell. The institute shall seek to reduce the use of toxic substances and the generation of toxic by-products in Massachusetts by promoting comprehensive environmental management practices, inherently safer products and materials, and the efficient use of resources. The institute shall support industry and community efforts to protect worker and public health and improve environmental quality through programs in research, education, and information dissemination. The institute may develop recognition programs to promote the toxics use reduction achievements of Massachusetts industry and communities. The institute may establish fees, tuitions, or other financial charges for its programs. All monies appropriated to the institute, or received by the institute through additional grants, gifts, bequests, or contracts shall be administered through the University of Massachusetts Lowell.

SECTION 20. Subparagraph (A) of the second paragraph of said section 6 of said chapter 21I, as so appearing, is hereby amended by adding the following sentence:-

This shall include, but not be limited to, providing information about public health, environmental, and economic issues associated with toxics use and toxics use reduction.

SECTION 21. Said second paragraph of said section 6 of said chapter 21I, as so appearing, is hereby further amended by striking out subparagraph (H) and inserting in place thereof the following subparagraph:-

(H) Provide toxics use reduction training and assistance to citizens, community groups, non-profit organizations and institutions, workers, labor representatives, and state and local government boards and officials. The program shall assist these individuals and groups in understanding the public health and environmental impacts of toxics use, the methods and strategies for reducing toxics use, and the requirements of this chapter.

SECTION 22. Said section 6 of said chapter 21I, as so appearing, is hereby further amended by striking out in lines 92 to 101, inclusive, the words “No member shall serve for more than two consecutive terms. Each member must have appropriate academic or professional experience. The institute shall consult with the Science Advisory Board on issues including but not limited to, user segments, and additions and deletions to the list of chemicals, and may consult with the Science Advisory Board on other related matters. The members of the Science Advisory Board shall serve without compensation. Unless otherwise noted all programs of the institute described in this section shall be developed and operational by January 1, 1992.” and inserting in place thereof the following words:-Each member shall have appropriate academic or professional experience. The institute shall consult with the board on issues including, but not limited to, additions and deletions to the toxic or hazardous substance list established in section 9 and the designation of substances as higher hazard substances and lower hazard substances. The members of the board shall serve without compensation, except that they may be reimbursed for out-of-pocket expenses incurred in the course of performing their duties as board members.

The institute shall advise the council as to which substances from the list of toxic or hazardous substances established pursuant to section 9 should be designated as higher hazard substances or lower hazard substances. The institute shall base its advice on the recommendations of the board, taking into consideration the policy implications of such recommendations.

SECTION 23. Said chapter 21I is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-
Section 7. There shall be the office of technical assistance and technology within the executive office of environmental affairs. The office shall have a director and appropriate staff to carry out its responsibilities and programs. These responsibilities and programs shall include, but not be limited to, the following:-

(A) The office shall provide technical assistance to persons to assist them in implementing effective toxics use reduction and other pollution prevention or resource conservation activities, and in complying with the requirements of this chapter and other applicable environmental and health and safety laws. The office shall prioritize the assistance for persons who have been referred to the office by the department, the office of the attorney general or other state agencies, first-time filers, and reporting toxics users. The office shall establish a process for acquiring information on the implementation of recommendations from persons that receive assistance reports from the office.
(B) The office shall utilize its expertise in source reduction and knowledge of industrial sectors to assist the department in implementing pollution prevention, resource conservation and toxics use reduction as the preferred means of achieving compliance with applicable laws and regulations.
(C) The office shall promote and disseminate information concerning toxics use reduction technologies, environmental management systems and other toxics use reduction, pollution prevention and resource conservation practices. In order to assist in this, the office shall compile technical documents, guidance and case studies that utilize the results of its technical assistance efforts as described in paragraph (A).
(D) The office shall promote research or pilot projects to develop and demonstrate innovative technologies for toxics use reduction, pollution prevention or resource conservation. The office shall negotiate with project partners to establish or maintain public rights to information about the development, to the extent appropriate and feasible.
(E) The office shall engage in an outreach program to small businesses that are toxics users required to report and plan pursuant to this chapter, and shall assist first-time filers with reporting requirements and trade secret submissions. The office may, with the assistance of the department and the institute, conduct training and workshop for toxics users to assist them in meeting their requirements under this chapter.
(F) The office may work with public health agents, POTW operators, local emergency planning committees, and other officials to assist them with reducing the potential risk of substances hazards posed from filers or from manufacturing facilities located within their jurisdictions. The office may prioritize referrals from local authorities, train local inspectors to increase their awareness and understanding of toxics use reduction and resource conservation and pursue other collaboration as appropriate.
(G) The office may develop a business and community recognition program to promote the toxics use reduction achievements of Massachusetts industry.
(H) Any information or record, in document or electronic format, received by the office in the course of providing technical assistance to a toxics user shall be kept confidential and not considered to be a public record pursuant to section 10 of chapter 66, unless: (i) the toxics user agrees in writing that such information may be made available to the department; or (ii) the office determines at its discretion, the information pertains to an imminent threat to public health or safety, or to the environment; or (iii) disclosure to the department is required by law.
(I) The office may, to the extent that it furthers the commonwealth’s interest in disseminating information about toxics use reduction, pollution prevention, or resource conservation, make general or generic information available to the public, even if it is derived from 1 toxics user, when it is determined by the office that the information or records are not related to secret processes, methods of manufacture, or production, or that the information or record would not divulge a trade secret.
(J) The office may establish fees, tuition, or other financial charges for its programs, in accordance with section 4B of chapter 7 and may receive additional funds from grants, gifts, bequests or other contributions or through contracts, which shall be deposited in the funds created in section 2J of chapter 29 for use by the office without further appropriation. The office shall not charge a fee for any on-site technical assistance activity or service provided to the business community.

SECTION 24. Section 9 of said chapter 21I, as so appearing, is hereby amended by striking out subparagraphs (B) and (C) and inserting in place thereof the following 3 subparagraphs:-
(B) The substances identified on the list pursuant to sections 101(14) and 102 of CERCLA shall be included in the toxic or hazardous substance list until August 1, 2008. On or before August 1, 2007, the institute and the board shall make recommendations to the council as to what substances listed pursuant to said sections 101(14) and 102 of CERCLA shall be retained on the toxic or hazardous substance list. On or before August 1, 2008, the council shall take action on the recommendations of the institute and the board to retain or delete substances listed pursuant to said sections 101(14) and 102 of CERCLA from the toxic or hazardous substance list. Thereafter, the council may add or delete substances from the toxic or hazardous substance list consistent with changes in the lists of substances established pursuant to said sections 101(14) and 102 of said CERCLA.
(C) Notwithstanding subparagraphs (A) and (B), the council may add or delete additional substances from the toxic or hazardous substance list. Except for those substances covered under subsection (B), no more than l0 substances may be added for any 1 calendar year, and no more than l0 substances may be deleted for any 1 calendar year. The institute and the board shall provide recommendations proposing additions or deletions. A proposed change in the toxic or hazardous substance list shall not take effect until the calendar year immediately following the year in which the council makes the change. Substances added or deleted by the council shall not be affected by subparagraphs (A) and (B). The designation of higher and lower hazard substances pursuant to subparagraph (D) shall not be affected by this subparagraph.
(D) The council shall designate substances as a higher hazard substance, a lower hazard substance or may leave any substance as an otherwise uncategorized toxic or hazardous substance in consultation with the institute and the board. The council shall first consider designating as a higher hazard substance those substances designated as Category 1/more hazardous by the board. The council may add or delete additional substances from the higher hazard substance or lower hazard substance designations. In any 1 calendar year, no more than 10 toxic or hazardous substances shall be designated as a higher hazard substance, nor shall more than 10 toxic or hazardous substances be designated as a lower hazard substance, except that, on the effective date of this subparagraph, those substances identified as Persistent, Bioaccumulative and Toxic chemical substances, the “PBT List”, at 64 Fed. Reg. 60194 – 60204 (1999), policy statement on category for Persistent, Bioaccumulative, and Toxic New Chemical Substances, dated November 4, 1999, shall be designated as higher hazard substances. The designation shall be solely for the purposes of this chapter and shall not otherwise diminish the authority of the council or the department. The designation as a higher hazard substance or lower hazard substance beyond those specified in this section shall not take effect until the calendar year immediately following the year in which the council makes the change.

SECTION 25. Said chapter 21I is hereby further amended by inserting after section 9 the following section:-
Section 9A. Threshold amounts for toxic or hazardous substances for purposes of this chapter shall be initially established as the following:
(A) For toxics users that manufacture or process a toxic or hazardous substance, as the terms “manufacture” or “process” are defined herein, the threshold amount for a toxic or hazardous substance shall be 25,000 pounds each year at any 1 facility, except the threshold will be 1,000 pounds each year at any 1 facility for a higher hazard substance; and
(B) For 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 1 facility, except the threshold will be 1,000 pounds each year at any 1 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 subparagraphs (A) or (B), the corresponding threshold for that substance under this chapter shall be the same as the federal threshold.
(D) Upon recommendation of the institute and the board, the council shall have the authority to lower the facility-reporting threshold on a higher hazard substance below that which is specified in subparagraphs (A) and (B).

SECTION 26. Section 10 of said chapter 21I, as appearing in the 2004 Official Edition, is hereby amended by striking out the second sentence.

SECTION 27. Said section 10 of said chapter 21I, as so appearing, is hereby further amended by striking out, in lines 47 and 48, the words “or (iii) greater than ten thousand pounds” and inserting in place thereof the following words:- (iii) greater than 10,000 pounds but less than or equal to 100,000 pounds; (iv) greater than 100,000 pounds but less than or equal to 500,000 pounds; or (v) greater than 500,000 pounds.

SECTION 28. Paragraph (1) of subsection (C) of said section 10 of said chapter 21I, as so appearing, is hereby amended by striking out clauses (c)(d)(e) and (f) and inserting in place thereof the following clause:-
(c) A quantitative or qualitative indication of significant change in toxics use and byproduct generation, compared with the previous reporting year, including toxics use reduction techniques employed.

SECTION 29. Said section 10 of said chapter 21I, as so appearing, is hereby further amended by striking out subsection (F).

SECTION 30. Said section 10 of said chapter 21I, as so appearing, is hereby further amended by striking out in lines 120 and 121 the words “magnetic media” and inserting in place thereof the following words:- electronic submittal.

SECTION 31. Paragraph (1) of subsection (A) of section 11 of said chapter 21I, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Large quantity toxics users shall by July 1, 1994 or by July 1 of the first subsequent even-numbered year in which a report pursuant to section 10 is required, prepare and complete a toxics use reduction plan for each facility for which they are required to file a report in that year.

SECTION 32. Said subsection (A) of said section 11 of said chapter 21I, as so appearing, is hereby further amended by striking out paragraph (2) and inserting in place thereof the following paragraph:-
(2) The plan shall include a statement of facility-wide management policy regarding toxics use reduction, and a description of the scope and objectives of the plan.

SECTION 33. Paragraph (3) of said subsection (A) of said section 11 of said chapter 21I, as so appearing, is hereby amended by striking out clause (d).

SECTION 34.
Said paragraph (3) of said subsection (A) of said section 11 of said chapter 21I, as so appearing, is hereby further amended by striking out clause (g).

SECTION 35. Said section 11 of said chapter 21I, as so appearing, is hereby further amended by striking out subsection (D) and inserting in place thereof the following subsection:-
(D) Large quantity toxics users shall update and recertify plans by July 1, two years after the first plan, and then according to the schedule specified by the department; but, after a large quantity toxics user has completed 1 toxics use reduction plan in compliance with this section and 2 plan updates, it may complete any 1 of the following types of plans in subsequent years: (i) a toxics use reduction plan update; (ii) an alternative resource conservation plan in accordance with requirements established by the department, or (iii) the implementation of an environmental management system that meets the requirements for an environmental management system established in this chapter and by the department. Eligible large quantity toxics users that choose to complete an alternative resource conservation plan pursuant to clause (ii) shall complete a toxics use reduction plan update during the subsequent planning year. Eligible large quantity toxics users that choose to implement an environmental management system pursuant to clause (iii) shall report to the department on the progress of the environmental management system according to a schedule and form developed by the department.

SECTION 36. Said section 11 of said chapter 21I, as so appearing, is hereby further amended by striking out subsection (F) and inserting in place thereof the following subsection:-
(F) Large quantify toxics users shall file a plan summary with the department on or before July 1 of the applicable year. The summary shall include:-

(1) for a toxics use reduction plan, a copy of the plan certification by a toxics use reduction planner;
(2) for an alternative pollution prevention and resource conservation plan, a certification by a toxics use reduction planner that the plan has been reviewed and meets the requirements of clause (ii) of subsection (D); and
(3) for an environmental management system, a certification by a toxics use reduction planner or other environmental management professional with demonstrated qualifications in environmental management systems and toxics use reduction that the environmental management system is in place and meets the requirements of clause (iii) of said subsection (D).

SECTION 37. Said section 11 of said chapter 21I, as so appearing, is hereby further amended by striking out subsection (H).

SECTION 38. Section 12 of said chapter 21I, as so appearing, is hereby amended by adding the following subsection:-
(F) In order to certify an alternative resource conservation plan or the implementation of an environmental management system pursuant to section 11, a toxics use reduction planner must successfully complete continuing education instruction in resource conservation and environmental management systems as specified by the department.

SECTION 39. Said chapter 21I is hereby further amended by striking out section 14, as so appearing, and inserting in place thereof the following section:-
Section 14. (A) Within 4 years from the designation of a higher hazard substance, the council may designate by regulation user segments, which it considers to be priorities for achieving toxics use reduction. The designations shall be based on recommendations from the office, in consultation with the institute and the department. User segments shall include similar production units in all facilities regardless of threshold amounts. Important considerations for identifying priority user segments shall include:-

(1) the potential for current and future toxics use reduction and the technical and economic feasibility of such reduction;
(2) amounts of the higher hazard substance used by the user segment in the production units of concern;
(3) amounts of toxic or hazardous substances disposed of, discharged, or released to water, land, air or workplaces within facilities;
(4) the need for improvement by the user segment in its toxics use reduction efforts; and
(5) the social, health, and economic benefits and costs to the commonwealth, its political subdivisions, workers, and large quantity and small quantity toxics users.

Consideration shall be given to the adequacy of the state's resources to effectively implement the prioritization of a user segment under subsections (D), (E) and (F).

(B) The council may designate no more than 3 priority user segments in any calendar year. There shall be at no time more than 15 priority user segments.
(C) A priority designation shall expire upon the date 5 years after designation. Priority designation may be renewed in the manner set forth in subsection (A). Upon expiration of a priority designation, a toxics user in the user segment shall no longer be treated as being within a priority user segment for purposes of this chapter, except that applicable performance standards issued for the user segment or a specific toxics user shall remain in effect.
(D) Results of prioritization include:-

(1) The department may refer toxics users in priority user segments to the office for assistance in achieving toxics use reduction;
(2) Facilities with fewer than the equivalent of 10 full-time employees shall be required to report and plan on the priority production unit consistent with the requirements of sections 10 and 11;
(3) The department may require toxics users to submit additional toxic chemical use and byproduct information in order to determine expected efficiency or achievable progress in toxics use reduction within the user segment.

(E) Facilities within a priority user segment may apply for toxics use reduction waivers pursuant to section 17.
(F) The department, working with the office and the institute, may set performance standards for priority user segments pursuant to section 15.

SECTION 40. Paragraph (D) of section 19 of said chapter 21I, as so appearing, is hereby amended by adding the following 6 sentences:- The council shall also have the authority to adjust the fee for a substance that it designates as a higher hazard substance pursuant to subparagraph (D) of section 9. For a substance designated as a lower hazard substances, the fee shall only consist of the facility base fee as established by the council. Two years after the effective date of subparagraph (D) of said section 9, the council shall examine the current toxics use fee structure established by this section and may propose changes to the fee structure. In formulating a proposed toxics use fee structure, the council shall consider a number of factors, including, but not limited to; potential revenues generated by the fees, the impact fees will have on toxics users and their use of toxic substance, and the funding required for the program to meet its statutory obligations. Any new fee structure shall maintain the base fees, additional amount per chemical reported, and maximum fees structure described in paragraphs (C) and (D). The council shall file this recommendation with the executive office of administration and finance and the house and senate ways and means committees 90 days before promulgating regulations to implement the new toxics use fee structure.

SECTION 41. Said section 19 of said chapter 21I, as so appearing, is hereby further amended by striking out subsections (F) and (G) and inserting in place thereof the following 2 subsections:

(F) The department shall impose an additional administrative fee of $1,000 for failure to file a complete and accurate report by July 1 of the applicable year, or to pay any fee pursuant to this section in a timely manner. Late payment fees shall apply if a toxics use report is filed more than 30 days after July 1 of the applicable year or if payment of the fee is not made within 30 days of the date payment is due.

(G) Any toxics user who employs the equivalent of fewer than 100 full-time individuals may in instances of severe financial hardship, apply on or before July 1 of any year to the commissioner of the department. The commissioner may, for good cause shown, waive the fee for that year in whole or in part, or extend the time for paying any part of the fee. The commissioner shall annually report to the council the waivers granted.

SECTION 42. On or before August 1, 2008 the office of technical assistance and technology established by section 7 of chapter 21I of the General Laws, shall produce a report for the council on toxics use reduction that identifies barriers to business implementation of toxics use reduction, pollution prevention, and resource conservation. The office of toxics use reduction assistance and technology may consult with the department of business and technology, the department and the Toxics Use Reduction Institute at the University of Massachusetts Lowell and shall make recommendations to the council on toxics use reduction on appropriate actions required to resolve barriers. The office shall annually update the report.

Approved July 28, 2006.

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