Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 50.00 - Toxics Use Reduction
Section 50.20 - Rules for Determining Amount of Toxic Substance Manufactured, processed, or Otherwise Used
Current through Register 1531, September 27, 2024
(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:
(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.
(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: