a Cm"nweatth of Massachusetts L++- Executive Office of Environmental Affairs Department of Environmental Protection

TOXICS USE REDUCTION

1990 COMPLETE REPORTING PACKAGE

CONTENTS:

0 Cover letter & Toxics Use Fee Worksheet 0 1990 Reporting package incl. Form S 0 Guidelines for classifjting production units (May 91) 0 Reporting regulations 310 CMR 50 &

0 TURA Questions & Answers Trade Secret Regulations 310 CMR 3, Effective 4/12/91

For Further Infonnation Gzlk

DEP Infonnation Service 61 7-338-2255 DEP Toxics Use Reduction 61 7-292-5982 €PA Fonit R Hotline: 800-535-0202 Mass. m c e of Technical Assistance 61 7- 727-3260 Toxic Use Reduction Institute, Univ. of Lowell 508-934-3275

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Commorlweatth of MaSachuSettS Executive Office of Environmental Affairs Deparimeni of Environmental Proteciion

May 9, 1991

Dear Facility Manager:

As you may know, the Massachusetts Toxics Use Reduction Act (TURA) requires facilities to submit annual "toxics use reports" to'DEP. Enclosed is your 1990 D€P Toxics Use Reduction Reporting Package. The reports and your facilic's toxics use fee are due on July 1, 1991.

'TURA is designed to encourage a facility to evaIuate its use of toxic substances and *

develop wa)s to reduce their use. Reporting is the first step in that evaluation process. Reducing toxics use will reduce chemical handling and waste disposal costs, improve worker health and safety, and better protect the encrironment. h'ote that TURA does not require all firms to reduce the use of toxic substances by any set amount.

This package contains:

0 DEP's new FORM "S" Cover Sheet 0 FORM "S" and instructions 0 Production Unit Guidelines 0 1990 Toxics Use Fee Worksheet e Workshop Information & sign-up sheet

0 TURA Reporting Regulations 0 Trade Secret Regulations 0 commonly asked questions and

answers asked at recent TURA seminars.

Industry and businesses that submit FORM R's to the US - EPA under SARA Title In, or industries in Standard Lndustrial Code (SIC) 20-39 are required to file the FORM S (please read the instructions carefully regarding thresholds for reporting).

If you have QuESnONS or lLccd fkrthcr as&-, please call the DEP Information Line at 617-338-2255.

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cover91

E WORKSHEET -MmCh\lrctt+

TOXCS USE FEE WORKSHEET DUE: July 1, 1991

PLEASE PRIhT OR TYPE

FACILITY NAME ?

ADDRESS

DEP FACILITY ID NUMBER*

The mount of your fee depends on the number of "full time employees" (2.000 work hours per vear) and the number of toxic siibstmccz fer which r e f o ~ b g is rcqked. Ne= The h,c;erse iii iees'is per M.G.L. c.211 §19(D), as adjusted by the Administrative Council on Toxics Use

*frora p u r ddno Lkl. or p u r mnurl oomplrrncr bill.

Reduction.

Use tbe following schedule to determine your fee for the 1990 reponing year.

Fee # Full Time mlovce. s o

Ewivalem w SO < 10

32115 S 7,400 250 and 4 0 0 2100and e500 S46Z S 14,800

S9250 S31,450

210 and e50 51850 s 5,550

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k

B.

C.

D.

E.

2 SO0

Determine your base fee by referring to the 2nd column above. Enter that amount:

Enter # of Form S's you filed:

Multiply LIhZ B by 51,100. E h q R :

Add LINE A and LIh'E C. EhQR:

Enter the amount from LINE D or from the 3rd column of the schedule ( M d m Fee) W C X E I E R IS LESS:

LINE A $-

LINE B - LIhZ C $*-

LINE D $--

LINE E $

Your fee is the amount entered in LINE E. Make checks payable to 'Commonwealth of Massachusetts" and write your DEP Facility ID Number & "IURA" on the memo line of the cbeck.

Include this form with your payment and send to:

Massachusetts Department of Environmental Protedon PO Box 4062 Boston, MA 02211 -

If you have any questions. p l u v all the DEP Infomarion k n e e at 617.3382155- - fee#kor (5/24/91)

Commonweotth of Massachusetts Executive Off ice of Environmental Aff oirs Department of Environmental Protection

TQXICS .USE REDUCTIOI';

1990 REPORTIHG PACKAGE

COhTESTS:

0 Instructions 0 Glossary 0 Listing of SIC Codes 0 Form S Cover Sheet & continuation page 0 Form S & continuation page 0 TUR Matrix

- NOTE: The address label on the mailing envelope has your FACILITY ID number printed on the top. If the number is "9999, either use your FACTLTTY ID number printed on your AXNUAL COMPLIANCE BILL (mailed January 1, 1991) or leave this information blank on the Form S.

Massachusetts Department of Environmental Protection Instructions for Completing Toxics Use Report as Required by TURA

Instructions

These instructions will assist your facility in completing the annual "toxics use report" required by M.G.L.c. 211 (TURA), S. 10. Please read these instrucbns in

eir ent . The reports, due on July 1, iretv before c q m p l e t i w u r faClb.PS rePM 1991, contain information about toxics use during calendar year 1990.

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What is a Toxics Use Report?

The annual reports required under TURA are an expansion of the annual emissions reporting filed under Section 313 of the Federal Emergency Planning and Community Right to Know Act (EPCRA). Every facility which must file under EPCRA must also file a TURA report.

A toxics use report, for each toxic substance for which reporting is required, includes the following forms:

one Federal "Form R" (the form required by Section 313 of EPCRA which details total emissions from the facility),

one Massachusetts "Form S" which contains information about the I. quantity of the toxic substance used on a facility-wide basis and on a

production-unit basis.

One Form S cover sheet is also required for the facility. The cover sheet contain3 general information on the facility and a certification statement, and identifies all the production units at the facility. Facilities will pay their TURA fee at the same time the report is filed and will file a fee calculation sheet with the toxic use report.

If you already know that your facility is subject to the TtfRA reporting requirements, you may skip to page 3, Where to File.

Which facilities must file toxic use reports?

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facilities are:

1 r n r In general, for reports due on July 1, 1991, fa . . . These - T URA a re th e same fac iliti 2 2

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TURA Reporting Threshold

If the facility is a large quantity toxic user, the facility must report on each ' listed toxic substance that the facility manufactures, processes or othemise uses over l0,OOO lbs, Note that this TURA reporting threshold differs from the EPCRA reporting threshold. This means that a facility may be required to file a Form R with DEP for a toxic substance under TURA but not have to file a Form R with EPA for the same chemical under EPCRA. See the examples below.

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CASE A: Facility A manufactures 15,000 lbs. of sulfuric acid and 20,000 pounds of toluene in 1990, both of which are listed toxic chemicals.

ANSWER: Facility A does not meet the threshold for manufacturing for a LQTU and does not file any reports for either chemical.

CASE B: Facility B manufactures 15,000 lbs. of sulfuric acid and 25,000 lbs. of toluene in 1990.

ANSWER: Facility B qualifies as a LQTU because it meets the manufacturing threshold (25,000 pounds) for toluene. Therefore, it must file reports on toluene and

-sulfuric acid because both are manufactured at amounts greater than 10,000 lbs. The facility must file the following forms:

2 Form R's (one form for sulfuric acid, one for toluene) 2 Form S's (one form for sulfuric acid, one for toluene). 1 Form S Coversheet

Note that the facility files a Form R with EPA for toluene but does NOT file a Form R with EPA for sulfuric acid.

Where to File

Send your toxics use reports to:

Sheet

Department of Environmental Protection P.0: Box 4062 Boston, MA 02211

Be certain to attach the Form R to the Form S. Complete one Form S Cover for eacb facility.

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If you need assistance in completing your "R4 reports, contact the Office of Technical Assistance at (617) 727-3260 for SIC codes 33 and 34, the Toxic Use Reduction Institute at (508) 934-3275 for SIC codes 30 and 36, or the DEP

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Information Service at (617) 338-2255 for 28 and 38. If the facility does not fall within these SIC codes, contact the Office of Technical Assistance.

Please note that the address for DEP is incorrect in the 1991 Todc Chemical Release Inventory Reporting Package for completing Federal Form R's. In addition, please make sure that you do not send copies of the Form R to EPA which you are only required to complete for DEP.

Completing a Form R

Before completing the forms for TURA, complete a Form R for the toxic substance. Guidance documents, including the Toxic Chemical Release Inventory Reporting Package, for completing Form R's may be obtained at no charge from:

Section 313 Document Distribution Center P.O. Box 12505 Cincinatti, OH 45212

The U.S. EPA also maintains an EPCRA hotline, 1-800-535-0202.

Completing the Report of TURA Listed Chemical - Form S Cover Sheet

Before completing this report, read through the entire set of instructions, the "Guidelines for Classifjmg Production Units" and refer to regulations 310 CMR 50.000.

For your convenience, terms used throughout these instructions are defined in a glossary at the end of the instructions. Terms are also defined in the TURA reporting regulations at 310 CMR 50.000.

General Information

BLOCK 1.1 Reporting Year - The reporting year is 1990.

BLOCK 1 3 Facility or Establishment Name - Indicate the name of the facility or establishment from the Form R. Specify your DEP Facility Identification number. This number appears on the address label of the TURA reporting packet. It also appears on your annual DEP compliance bill.

BLOCK 1.3 - Check if you are making a trade secret claim for any of the forms you -are submitting. If you are making a trade secret claim, cbeck if this report contains the trade secret (unsanitized) or does not contain the trade secret (sanitized).

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Before claiming a trade secret, refer to the trade secret regulations for TURA at 310 CMR 3.00. General conditions for filing a trade secret claim are: 1) that the toxic user has not disclosed the information to anyone else (unless that person is bound by a confidentiality agreement), 2) the information is not required to be disclosed under other federal or state laws, 3) disclosure is 1ikely.to cause substantial harm to the competitive position of the toxic user and 4) the Commissioner determines that the information is a trade secret based on the criteria set forth in 310 CMR 3.23.

Certification Statement

A senior management official should sign the certification statement. A senior management official is an official who has management responsibility for the person(s) completing the report, and who has the authority to act as an agent for the toxic user. The name should also be printed, title indicated and the certification dated.

. Facility-Wide Listing of Production Units

Identify every production unit in which a toxic substance is used, regm-" a s of the amount of the toxic substance used in the production unit. If the toxic substance is present in a mixture or trade name product at a "de minimus" level, (see 310 CMR 30.20(7)) you need not report on that chemical. Include only those toxic substances which were identified on pg. 3, in the section on TURA Reporting Threshold.

The following production units need not be identified: pilot plants pilot production units start-up production units for the Shorter of either: 1) the time period from

the date of initial operation until required operational efficiency is achieved or 2) two years from the date of initial operation.

This space is used to identify what processes or operations are included in the production unit. Please identify the type of basic process or technology that is used to make the product. For example, a basic technology would be conveyorized chrome electroplating or airless spray painting. Next, identify additional process steps that use toxic chemicals in the production units such as degreasing. Every production process in the facility where each toxic substance is produced or used should be included in at least one production unit.

The processes or operations listed below are examples you may use to identify all basic processes associated with production. The examples are intended to give an indication of the level of specificity we are seeking in describing production processes.

If the processes listed below are not appropriate for your production unit, use a standard industrial classification from your industry for identifylng the production process. For instance, for chemical manufacturing, write the unit operation used to

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make the chemical. (e.g. formaldehyde production via methanol oxidation) Likewise, for other industries including electronics, rubber or plastics manufacturing, textile production, paper production, equipment dr instrument manufacturing, printing, or leather processing, use standard industrial classifications for your industry in identifying your basic processes or technologies.

Finally, if none of these basic processes apply, if the specific examples of the basic processes listed are not appropriate or if there are no standard industrial classifications for your industry, please use your own words to describe the processes in your production unit. If you need additional space, use the continuation sheets for the Form S cover sheet. Make certain to label the production unit on the continuation sheet with the same number.

The processes we are asking you to identify a llpt hpc industry-specific. We expect that a given process may be used in identifying production units in different industries.

ABRASIVE BLASTING FURNACE OPERATIONS ACID/ALKALI TREATMEhTS GRINDING, POLISHING BLENDING AND MIXING AND BUFFING CHEMICAL MANUFACTURIKG MACHINING

CLEANING - Production equipment CLEANING - Inputs, Product STORAGE COATING - ~.g. METAL CUTIlNG

specify me MATERIALS HANDLING AND

Specify m e

Coil Coat/Roller Coat specify me Electrocoating specify me

Electrodeposition/ PRINTING

Flow Coating/Dip Painting SPRAYING - ~.g. Powder Coating Airless spray

CRUSHING AND SIZING Catalyst spray DECREASING Electrostatic spray ELECTROPLATING e.8. Spray painting

Anodizing SOLDERING Barrel Plating Electropolishing

FORGING

If a waste treatment unit or recycling unit (except recycling that is integral to and part of a production unit) is located at the facility, please report the use of toxic substances in these units according to the instructions on p. 12.

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Check at the bottom of the form if additional production units are on an attached sheet.

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Report of TURA Listed Chemical - Form S

substance. Before you begin the Form S, complete the page numbering scheme, ‘de and production um? ’ data for each TURA toxic This form contains &~~lity-w . .

Facility-Wide Usage of Listed Chemical

BLOCK 1.1 - Indicate the chemical or chemical category name from the Form R, Part. 111, Section 1.3. Or, if the chemical is in a mixture, write the name of the generic chemical provided by the supplier from the Form R, Part 111, Section 2.0. Write the Chemical Abstracts Number (CAS number) from the Form R, Part 111, Section 1.2.

BLOCK 1.2 - Facility-Wide Usage of Chemical Identifjed in 1.1 - In this block, write the total quantities of the listed chemical that you manufacture, process, otherwise we, generate as a byproduct and ship as or in product. Manufacture, process and otherwise use have the same definitions in TURA and EPCRA. For toxic s4. :ances contained in a mixture, calculate the amount in the same manner as in EPC. L

BLOCK 1.2a - Amount Manufactured - List in pounds, the total quantity of the toxic chemical that was manufactured during 1990 facility-wide, including production units for which you are not required to file DEP Form S’s. (pilot plants, pilot production units and start-up production units).

BLOCK 1.2b - Amount Processed - List in pounds, the total quantity of the toxic chemical that your facility processed during 1990 facility-wide, including production units :or which you are not required to file Form S’s (pilot plants, pilot production units and start-up production units).

This activity could entail merely repackaging the toxic chemical, such as transferring it into different containers. However, selling the chemical in the same unopened containers in which it was received would not qualify as processing. Processing includes preparation of the chemical in the same physical state or chemical form as that received by your facility or preparation that produces a change in physical state or chemical form. Processed chemicals include ones used ’as reactants, components, or performance enhancers of a product. The term also applies to the processing of a component i n a mixture or other trade name product that contains a listed toxic substance above the de minimis levels.

BLOCK 1 .2~ - Amount Otherwise Used - List in pounds, the total quantity of the toxic chemical that your facility otherwise used during 1990 facility-wide, including

- production units for which you are not required to file Form S’s (pilot plants, pilot production units and start-up production units). Otherwise use includes any use of a chemical not accounted for in the amounts manufactured or processed.

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While processed toxic chemicals are incorporated into the product, a chemical that is otherwise used is not intentionally incorporated into a product for distribution in commerce. Chemicals added to reactions as catdysts, inhibitors, or reaction terminators are otherwise used. Also included are lubricants, coolants, hydraulic fluids, cleaners, degreasers and fuels which are not intentionally incorporated into a product.

BU)CK 12d - Amount Created as Byproduct - List in pounds, the total quantity of the toxic substance that is generated as a byproduct during 1990 facility-wide, including production units for which you are not required to file Form S's. (pilot plants, pilot production units and start-up production units).

What Are Byproducts and How Do They Differ From Emissions?

A byproduct is a non-product output of a toxic substance generated by a production unit prior to handling, transfer, treatment, or release to the environment. Byproducts could be present in untreated wastewater, fugitive emissions, discharges containing toxic substances, air emissions prior to treatment, and untreated hazardous wastes to the extent that they contain a toxic substance. Byproducts do not include materials that are used in a process in their current form without prior recycling or treatment. An emission is a release of a toxic substance to the environment or a transfer of a toxic substance in waste to an off-site location. A byproduct becomes an emission only after it is released to the environment, treated, or transferred to a P O W or an off-site location.

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A byproduct resulting from a production process, such as an acid, may be neutralized through on-site treatment. The acid before treatment is the byproduct. Most of the acid would not be counted as an emission because it would be converted through treatment before release from the facility. Any acid that is not converted would be counted as an emission.

Another byproduct, such as a spent solvent, may be recycled and reused in a production process. If the solvent is recycled through a process that is "integral" to the production unit, these solvents are not considered to be byproducts except fugitive emissions. To be considered "integral", the recycling should be: 1) closed-loop or physically dedicated by being entirely connected with pipes or other comparable enclosed means of conveyance (i.e. it involves no additional materials handling) to an industrial production process and 2) totally enclosed so it is designed, constructed and operated to prevent spills, leaks or emissions of toxic substances. However, if the solvents are taken from the production unit and are recycled on-site in a non-integral recycling unit and returned to the production unit, the solvents would be byproducts.

Once shipped off-site to a recycling or reprocessing facility, or to a treatment or disposal facility, byproducts are considered to be emissions.

Management of Byproduct as Product

Byproducts that are reused elsewhere in the facility without anv m e of nt or recovery, or untreated byproducts that are sold and used by the

purchaser and do not require any additional treatment by the purchaser, should not be counted as byproducts. For TURA purposes, they are products and should be listed as a product of the production unit. For example, some "off spec" paints or chemicals can be soId to buyers who can use them as they are. While these would not be counted as byproducts, they would need to be counted in the amount of the chemical shipped offsite as product.

Whether they are reused as is or after treatment, chemicals reused within the facility must be included in the total quantity of the chemical that is processed, manufactured or otherwise used in Block 1.2 on Form R.

BLOCK 1.2e - Amount Shipped as or in Product - List in pounds, the total quantity of the toxic substance that is shipped as or in product from a facility during 1990 facility-wide, including production units for which you are not required to file Form S's (pilot plants, pilot production units and start-up production units). "As or in product" refers to toxic substances that are the product, contained in the product as a contaminant or otherwise present in the product.

Year-to-Year Reporting Changes

BLOCK 2.1 - For the July 1991 report, skip this section. Next year, if your facility changes the. base year, unit of product, and/or estimating methods in the byproduct or emission reduction indices from the July 1991 filing, you will need to complete this section.

BLOCK 2.2 - If there is a non-routine occurrence, such as a spill, which affected the data in the report, you may choose to report it here.

TURA Report by Production Unit

Production Unit Number - Indicate the production unit number from the Report of TURA Listed Chemical - Reporting Cover Sheet.

BLOCK 3.1 - Describe the output from this production unit. (e.g. zinc plated widgets, not widgets; toluene, not organic chemical)

_ _ BLOCK 3.2 - SIC Code - Indicate all the applicable 4 digit SIC for the product(s) made. List the SIC code that best represents the product or family of products first. The Appendix contains the full list of 4-digit SIC codes.

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BLOCK 3.3~ - Byproduct Reduction Index

The byproduct reduction index is calculated as follows:

Byproduct reduction index = 100 x pI - B A

A = quantity of the toxic substance generated as byproduct in the base year per unit of product in the base year

B = quantity of the toxic substance generated as byproduct in the reporting year per unit of product in the reporting year

BLOCK 3.3a - Base Year - The base year is the later of a) the first year your facility was required to file any informatien regarding the toxic chemical under EPCRA or b) the first year in which your facility has full information on the production unit that is sufficient to complete the Form S. If there is insufficient data from a prior year for the production unit, then the base year will be 1990. The byproduct and emission reduction indices will be 0 if the base year is 1990. The base year can vary for different production units/chemical combinations. A facility may want to use a base year that is earlier than 1990 so that it can "take credit" for toxic use reduction since the EPCRA reporting began.

EXAMPLE: To comply with TURA, the facility chooses "square feet of metal electroplated" as the unit of product in 1990. Due to wide size range of metal plated and thicknesses of metal applied, the company can not determine the total square footage of metal electroplated from the records. base year for the chemical being reported.

BLOCK 3.3b - Quantities of Chemical Code - Indicate the appropriate range for the amount of the toxic substance that was manufactured, processed, or otherwise used in the production unit during 1990. When determining the appropriate range, include any listed toxic substances that are reused (with or without treatment) in this production unit. The ranges are as follows:

The facility must use 1990 as the

A = greater than 0 pounds and less than or equal to 5,000 pounds B = greater than 5,000 pounds and less than or equal to 10,000 pounds C = greater than 10,000 pounds

EXAMPLE: Nitrobenzene is a byproduct of a widget manufacturer's production unit. In the base year, 1987, 30,000 Ibs. of nitrobenzene byproduct is generated for 180,000 widgets produced. In the reporting year, 1990, 48,000 lbs. of nitrobenzene byproduct is generated for 360,000 widgets produced. The reporting year ratio (B), is subtracted

multiplied times 100 to get a percentage. - from the base year ratio (A), and divided by the base year ratio (A). The result is

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A = 30,000 lbs. nitrobenzene/180,000 widgets

B = 48,000 lbs. nitrobenzene/360,000 widgets

Byproduct reduction index = 100 x [A - B/A]

100 x 3 0 . 0 0 0 ! W - 48.000/360.000 30,000/180,000

100 x .198

The byproduct reduction index of 20 indicates that the widget manufac+*lrer has reduced the nitrobenzene byproduct per widget by 20%. An index of 100 v. ~

represent the highest possible reduction, which means that the chemical war; ' d l y eliminated from the production unit. List your byproduct reduction index accurate to -two significant digits.

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BLOCK 3.3d - Emissions Reduction Index - ERI = 100 x - B A

A = quantity of the toxic substance emitted in the base year attributable to the production unit per unit of product in the base year

B = quantity of the toxic substance emitted in the reporting year attributable to the production unit per unit of product in the reporting year

List your emissions reduction index accurate to two significant digits. Emissions estimates should be collected while completing the Form R. However, the emissions may need to be attributed from a shared treatment system to various production units. When calculating the emissions reduction index on a chemical, include any byproduct from the production unit that is directly released or iransferred from the facility. Include any emissions from a treatment process or non-integral recycling that are attributed to the production unit. If two or more production units contribute the chemical to- a single waste treatment or recycling process, the emission must be attributed to each of the different production units which generated the chemical as a byproduct for treatment or recycling. Discuss how to attribute emissions across all the production units with a process engineer and/or polIution control engineer.

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Reporting Toxic Substances Used in Waste Treatment

The Toxic Use Reduction Act is unclear as to how chemicals used In waste tmatment should be reported. One interpretation 01 TURA is that TURA focuses on production processes only, that waste treatment is not a production process as denned by TURA, and that, themlore, waste treatment units 8nd waste treatment chemicals are excluded from the production unit level reporting r e q u h e n t s . Another interpretation is that waste treatment is a production process under TURA, 8nd that the law locuses on toxic use reduction regardless 01 where in the lacility that Toxic Use Reduction occurs. For this reporting year, the Department is requiring that lacilities report, 8s explained below, OB chemicals used In treatment processes to treat waste streams entering those procurer. On the basis 01 the Inlormation reported this par, and lurther work with the Department's Advisoq Committee, the department n4ll makc 8 final determination next year about the extent and manner to which treatment chemicals and treatment processes are mgulated under TURA

SITUATION: Chemical "I" is used in waste treatment to trrat 8 byproduct lrom production. Tbe production unit makes widgets. Chemical "A" is used to make widgets. The byproduct resulting lrom widget-making contains some amount of Chemical "A" (sec diagram).

1. When reporting on Chemical T, the waste treatment process constitutes a separate production unit.

amsidad 8 production dt. In the Form S Coversheet, identify the waste treatment unit as a production unit. The product from the waste treatment unit could be the amount 01 cleaner air or water, or the amount 01 waste treated.

IMdq Bypmducts and Emisoiocrs: The byproduct of the waste treatment unit is that amount 01 Chemical T remaining in the waste stream 01 the treatment unit AFTER Chemical T has been used to treat byproduct Chemical A and BEFORE any additional treatment 01 chemical T In the waste stream (should such additional treatment be employed.) be the same as the amount of emissions. The amount 01 Chemical T byproduct will differ from the amount of emissions if Chemical T undergoes further destructive treatment on-site, or is recycled in a non-integral system.

Is cbemiad T or 'otberrrisc wd? (Report as though Chemical T is "otheIwise used" even though under some interpretation it may be 'processed" in this situation.

Barr should cbtmials that are mcdacidentdly m a a m h tbc -t mnit be b d k d ? If more than 25,000 pounds 01 a listed chemical is 'coincidentally manuhctured" In the treatment unit than report as though the treatment unit was a production unit. Byproducts 8nd emissions would equal the amount 01 the substance coincidentally manulactured unless the substance m s used in production on site or ollsite without lurther treatment, or undergoes furtber destructive tmatment before being released to the environment or shipped oflsite.

2. When reporting the emissions reduction Index lor Chemical 'A", include emissions lrom the waste treatment process that are attributed to the production unit that makes widgets. 'Ibe product lrom the production unit is the widget. The emissions 01 Chemld A from the mste treatment process must be attributed to the widget production unit. Some measure olwidget output must be used 8 S the denominator wben calculating the emissions per unit 01 product. If two or more production units contribute Cbcmical A to a single waste treatment process, the emissions of Chemical A lrom tbe waste treatment proccss must be allocated to each 01 the different production unlts 8dding Chemical A to the waste stream that goes into the waste treatment proccss.

3. VARIATION ON SITUATION: Chemical T is used in the waste treatment 01 byproduct lrom widget-making. IT IS ALSO USED to make widgets.

4 this ht, &i tbC Ody Sb8dOO rrberr 8 -t 8& b, fOr d m

In general, the amount of Chemical T bjproduct will

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REPORTING ON WASTE TREATMENT CHEMICALS

200 pounds CHEMICAL T

(treatment

771 io, 000 pounds

m

m m

(input chemical) I . .. e

chemical) I I

i-'

...

When reporting on Chemical T, report use of Chemical T In at least two separate production units, one lor Chemical "I" used in treatment and one (or more) for Chemical 1" used in production. For the amount of Chemical "I" used in treatment, report as described in # 1 above. When reporting on the amount of Chemical "I" used in production, report as you would lor Chemical A as described in #2 above.

Waste 'Ikatment Chemicals As Reported On the Matrix

There is tbe potential for confusion regarding how to report reductions in toxic substances used in waste treatment unlts in tbe Toxics Use Reduction Techniques Matrlr. IT IS IMPORTANT TO RECOGNIZE THAT IMPROVING TREATMENT OF A TOXIC SUBSTANCE SO THAT THERE ARE FEWER EMISSIONS OF THAT SUBSTANCE DOES NOT COUNT AS TOXIC USE REDUCTION ON THAT SUBSTANCE.

W" OD tbc ma* s b d d a dccmse in tbc BRI fortratmeat &dd T k reported if that deauc stems lbpm tmtancnt is m t e d ? Report this as input substitution, with an asterisk so that the metbod can be differentiated from the use of a different treatment Chemical.

to tbe prodpcbiom proasr that mse~ CLCarial A ao that las mmct A "g

BLOCK 3.4 - Toxic Use Reduction Techniques Code - This Toxic Use Reduction Techniques Matrix is the place where you indicate whether your facility has implemented a toxic use reduction technique or management technique of using byproduct as product. See the matrix (the last form in your packet) with the associated codes for the techniques. Determine which reduction or management technique listed in the vertical axis accounts for any increase in the byproduct reduction index. Then determine where in the production operations the reduction or management technique took place -- in materials handling/storage, processing operations or finished goods handling. If the byproduct reduction index increased by five or more points over the index for the previous year, write the code in the matrix for the appropriate intersection of reduction technique/production operation that accounted for this increase. If two or more reduction techniques together accounted for a five or more point increase, then note the appropriate "miscellaneous" code.

EXAMPLE: A widget manufacturer implements various toxic use reduction techniques in calendar year 1991. The facility byproduct reduction index for 1990 is 12, an increase of 12 over the previous year, 1989, in which no index was calculated. Six points of the increase are due to a change in the raw materials so that non-toxic substances used in production. Under the process operations column, 11 is chosen for input substitution. The other 7 points resulted from a combination of toxic use reduction techniques: toxics reuse and improved maintenance of the production unit. Since neither of these changes accounted for 5 points individually (or the facility could not determine how much is attributed to each of the toxic use reduction

~ techniques), mark 81 in the process operations column for miscellaneous.

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At the bottom of the Form S, specify your DEP Facility Identification number. This number appears on the address label of the TURA reporting packet. It also appears on your annual DEP compliance bill. Also, write 1990 for the reporting year. Be' certain to check if you attached any pages for additional production units.

Glossary

"Byproduct" means all nonproduct outputs of toxic or hazardous substances generated by a production unit, prior to handling, transfer, treatment or release.

"Emission" is defined as 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.

"hdanufacture" means to produce, prepare, compound, or import a toxic or hanrdous substance. (Same as EPCRA)

"Otherwise use" means any use of a toxic substance that is not covered by the terms I'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. (Same as EPCRA)

"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; or a) in the same form or physical state, or in a different form or physical state form, hat in which it was received by the toxic user so preparing such substance; or b) as part of an article containing the toxic or hazardous substance. (Same as EPCRA)

"Production unit" means a process, line, method, activity, or technique, or a combination of series thereof, used to produce a product.

1 4

<

t z .. !! I) c

? - . i i i

TABLE I

SIC CODES 20-39

20 Food and K l n d d Ploduds

2011 Moat packing plants 2013 Souugos and other pnpard moat producrs 2015 Poultry slaughtoring and prowsslng

2026 Fluidmi&

j 0 l l i S 2034 Dried and dehydrated fruits, vogetables, and soup

mixes

..and seasonings, and salad dressings 2035 Pickled fruits and vegetables, vegetable sauces

2037 Frozen fntits. fruit juices, and vO9etables 2038 Frozen specialties, n.e.c.' 2041 Flour and other gnin mill produds 2043 Cenal broaklast foods 2044 Rice milling 2045 Prepared flour mixes and doughs 2046 Wet corn milling 2047 Dog and cat food 2048 Propared beds and bod ingredients for animals

2051 Bread and other bakery produds, except cookies and fowls, oxoept dogs and cats

and cracken 2052 Cookiis and cmckers 2053 Frozen bakory products, oxcept broad 2061 Can0 sugar, oxcept refining 2062 u n o sugar refining -

2063 Bootsugar 2064 Candy and other confoctionary produds 2066 Chotolato and cocoa produds 2067 Chowinggum 2068 S 1 R . d and roastod nuts and s o d s 2074 Cottonseed oil mills

2087 Flavoring oxtmds and flavoring syrups, n.0.c. 2091 Cannd and curd fish and seafoods 2092 Propand fmh or frozon fish and mafoods

2099 F O O ~ preparations, n.8:~:

21 Tob~ooPIoduds

2111 Cbaronor 2121 Clgan 2131 Chwlng and smoking tobaoco and mut( 21 41 Tobacco stomming and drying

22 Toxtllo Mill Produds

221 1 Broadwovon fabric mills, C O ' . ~ 2221 Broadwovon fabric mills, m& ade fiber, and silk 2231 Broadwovon fabric mills. wool (including dyeim

and finishing)

wool. silk, and manmrde fiber 2241 " o w fabric and other smallwans mills: cotton,

2251 Wmn's full b@ and knee bngth hwbry, ox* s&s

2252 Hosioy, n.0.c.' 2253 Knit outomear mills 2254 Knit undomoat and nightwoar mills

2258 Laa and warp knit fabric milk 2257 wdt knit fabric mills

2259 Knitting milk, n.8.c: 2261 Finishon of broadwoven fabria of cotton 2262 Finishon of broadwoven fabria of manmod fibor

and silk 2269 Finishon d toxtilos, n.8.C.'

milk

2082 MaRbongos 2083 MaR 2084 Wines, brandy. and bnndy spirits

2086 Bonled and canned soft drinks and carbonated

21 ~ p p r d and m e r nnirhod Produds m.d. ftom 2085 Distilled and blended liquors Fabrim a d Othor Simihr HdOd8lS

231 1 Men's and boys' suits, Coals, and OV~fWatS waters

2321 Men's and boys' shlrts, oxcept work shirts 2322 Men's urd boys' undorwoar and nightwear 2323 Men's and boys' Mdmear 2325 Mon's urd boys' wparate trousers and sladcs 2326 Mon'r and bop' work dothing 2329 Mon's and boys' dothing. n . 0 . ~ ~ ?

2331 Wornon's, mlsms', m d Junbn' blouses and shirts p35 Wornon's, ", 8nd Junbrr' drums 2337 Wonm's, dssos', and p t n W sub, 8WbD 8nd

0o.ts p 3 9 Wornon's. "os', md junbm', 0ul.m~~ ncC* 2341 Wornon's, ". ~Mren' r , urd Infants' undor-

-8r 8nd nightwoor

2 3 ~ h t s , apt, .nd mlainoty 2361 O W , chihn's and WmW dresses, Mouses, 8nd

shirts 2369 O W , chlldnn's and infants' outomear. n.o.c.' 2371 Furgoods 2381 Orom and work glovos, axapt knlt and all bather 2384 Robs 8nd drmssing gowns 2385 Wptorproof outomear 2386 h t h o r a d r b p @nod dothing

2389 Apparel and aasstorles, n.e.c.* 2391 Curtrinr md draperies 2392 Howfumlrhings, oxwpt cuftalns and draperies

2394 Canvas and nlatod produds 2395 Pleating, ckcomtive and novetty stitching, and

tuddng for the tnde 2396 Automolhro "mings, apparel findings, and

nwod products 2397 Schmli machino embroideries 2399 Frbrkatod toxtik products, n.8.c.'

&USkM, gkdkS, urd 8lkd 9"

2387 ~ I t J . ~

2393 Toxtikbags

24 Lumber Md Wood Products, Exapt Fumttun

24 24 24 24 24 24 24

24 24 24 24 24 24

.24 24 24

' 24

11 Loggrng 21 Sawmilk and planing milk, general 26 Hudwood dimonrlm and flooring mills 29 Spacial produd uwmiik, n.0.c. ' 91 Mlawork B4 Wood Mclwn or#nots 135 Hudwoodvonoorandplywood 138 SoltwoodnnarMdptywood w scrudunl wood mmkn, h o .e* U1 M i d md bdc amor wood boxas and shook ud W O o d p r k t r 8 n d ~ us wood m.inn, n.0.e' Is1 ~ h o " 52 Pnfabrhtod wood buildings 8nd components 91 ..wood pmserv(ng 93 fbconstituted wood products 99 wood products, n.e.c:

251 1 Wood household fumnure, except uphoktorod 2512 Wood household fumiture, upholstered 2514 Mol81 household fumiture 251 5 Mattmms, foundations, and convortbk beds 2517 Wood kkvirion, radio. phonognph, urd s8wlng

"0 ubinotr 2Sl9 Howohold fumftun, n.o.c.* 2521 Wood otfim fumldure 2522 M i tumlun. except wood 2531 PUMk buWi and nhtd fumbre '2541 Wood W i .nd stonfixtuns, m b m ; 8hOhh9,

8nd on 2542 M i m d store f i iuns, partRionS, shoMng, 8 d

kdurr, oxmpt wood 2591 Dnp.ry hardware and window Mind, 8nd rhrd.c 2599 Fumlure m d fixtures, n.0.c.'

26 Papor and Alllod Productr

2611 Rtlpmiils 2621 Paper mills 2631 Plp.rboard mills 2652 Setup papolboard boxes 2653 Comgatad and solid fiber boxes 2655 F i k r cans, tubes, drums, and similar products 2656 Santtary food containers, except folding 2657 Folding paperboard boxes, including sanitary 2671 PIckpging paper and plastics film, co8td 8nd

kminated 2672 Coatod and laminated paper, 11.e.c.' 2673 PI8sttics. foil, 8nd coated p8por bags 2674 Uncortod paper and muhiwall bags 2675 Di.cut paper and paperboard m d crrdb0af-d 2676 Sanitary papor products 2 6 n Envelopes 2678 Strtionory tablets, and nhtod produds 2679 Convo~~prprandpaperboardprobuds. h8.c. '

27 Printing, OubIlrhlng, 8nd Allkd Indumtrlos

271 1 "wsp4mn: goMbhhg. or pubkhh9 md prhwl

2731 Bookr: publishing. or puMithing and p'hting 2732 sookplinting 2741 M-us publihw 2752 Comnwrdrl printing, llthogmphk 2754 Comrrrdrl printing. gnvun 2759 Conwnofciai printing, n.0.c.' 2761 ManloM business f o m 2711 Greeting ards 2782 Blankbooks. looseleaf binders Md do*

* 2721 P . W i : - p u M i ~ , Wpuwhhgadplnling

'

2789 Bookbinding and related work 2791 Typesetting 2796 Platemaking and related services

28 ChmlC8k 8nd AIIIod Products

2812 mh 8 d c h h ' h 2813 Induttrklgrwr 2816 Inorganic ptgmonts 2819 Industrial Inorganic chomicrls, n.0.c.' 2821 PkStiEI nutoriak, synthetic rosins, md non-

2822 Synthdc nrbkr (vulunblMe okbtonwn)

2833 Medklnal chemicals and botan'crl produds 2834 P h a m u t i c o l preparations 2835 In vitro and in vivo diagnostic substances 2836 Biological products, exoept diagnostic substances 2841 Soap and other detergents, except specialty

2842 Spdalty cbaning. pollhlng. andsanitation pnpa-

2843 Surfam active agents, finishing agents, sulfonated

2844 Porfumos, cosmetics, and othertoilet prepantions 2851 Paints, varnishes, lacquers, onamals, and allied

2861 Gum and wood chemicals 2865 Cyclic ofganic uudes and intermediates, and

2869 Industrial organic chemicals, n.6.c. 28Mb Nitmgenous fertilizers 2674 Phosphatic fertilhon 2675 Fortiiizerr, mixing only .2879 Postrcidos and agricultural chemicals, n.6.c.' 2891 Adhaives 8nd soalants 2892 Explorhres 2893 PILntingbrk 2895 Cubsnblrdc 2899 Cham 8nd ch.miul pnparations, n.e.c. '

V u h n ~ olaslornrs

2623 COlklOSk "de fbeM 21124 M~IWIO org~ric nt", exapt ~IIUIOS~C

doanen

rations

oils, and assistants .

products

organic dyos and pigments

301 1 Tim md inner tubs 3021 Rubbw md plastics footwear 3052 Rubbor and plastics how and belting

3053 Gaskets, packing. and sealing devices 3061 Molded, extruded, and hthecut mechaniul rubber

3069 Fabricated rubber products, n.6.c: 3081 Unsupported plastics film and sheet 3082 Unwpporkd pluticr profib shapos. 3083 ~mh8todplut&pIato,~h.ot~ andprofileshapes 3084 PkrtiCrpiQI 3085 Plastlcc bottles 3086 p k r t i a tom products 3087 Curtomcompounding of purchrud plutia nsinr 3088 Pl8stb plumbing fixtures 3089 PkrtiCr products, n.8.c. '

products

31 b t h o t 8nd Loathor Products

31 11 Loather tanning and finishing 3131 Boot md shoe cut stock and findings

3143 Mon's footwoor, oxCopt athletic 3144 Woman's footwear, oxwpt athletic 3149 Footwoar, exoept rubber, n.i ' 3151 Leathor gloves and minens *

3161 Luggago 3171 Woman's handbags and purses 3172 Personal bathor goods, except women's hond-

bags and purses 3199 Leather goods, n.6.c:

3142 HOW % r i m

32 Storm, Chy, G l r u 8nd Concntr Products

3211 Flatglass 3221 Glass containen 3229 Prossed and blown glass and glassware. n.cc.' 3231 Olass products, made of purchasod glrrs 3241 Comont, hydraulic 3251 BtW m d structural day tile 3253 Conmic wall md floor tile 3255 Clay nfractories 3259 SNdurel day products, n.o.c.* 3261 Wtrwus &ha plumMng Mums and chino and

urthonwam fmingt md bathroom reatsorims 3262 vlcnour china tablo urd kitchon ufider 3263 Fino ortthomvam (whhmwm) trbk urd Wtchon

uttdos 3264 Porwlain o w r i a l 8uppli.S 3269 Poaoy pmductt. a0.c'

3273 Roadymbrodwnme 3274 urrw 3275 Gyprumproduds 3281 Cut stone and rfono p r o d i s .3291 Abrasive products 3292 Asbestos produds

3271 ComteModcmdbridc 3272 Co- produdr, OXcOpt #odC md brldc

3295 Minonls and oaflhs, ground or otherwise troatod 3296 Mlnonl wool 3297 Nonclay rofroctories 3299 Nonmtalk mineral produds, n.8.c..

3312 Sool worb,blut fumaas (including c o k o ~ v o ~ ) ,

3313 Ekctmmtrllurgicrl produds. oxwpt 8twl 3315 stool wlndnwing and ttnl nails and SpikOS 3316 Colbrdkd stool shoot, strip, and bars 3317 stool plp Md tubes 3321 any a d ductk ifon foundrios '3322 Mrl lubk Iron foundrks 3324 Sod Inv.rtmnt foundrios

3331 Primary rmlllng and refining of copper 3334 Primary production of aluminum 3339 Primary smelling and refining of nonferrous

mtab, rxcopt copper and aluminum 3341 Soconday rmdting and nfining of nonforrous

mt8b 3351 Rolling. dnwlng, and extruding of copper 3353 Aluminum shoat, plat., and foil 3354 Aluminum rxtmdod products 33355 Aluminum rolllng and drawing, n.8.c. 3356 Rolling, dnwlng, and extruding of nonferrous

mtok. oxcopt copper and aluminum 3357 Drawing and insulating of nonferrous wire 3363 Aluminum dicaetings 33M Nonlorrour diust ingr, oxcept aluminum 3365 Aluminum foundries 3366 Copper foundries 3369 Nonlonour foundrios, oxupt aluminum and

3398 Mot81 ha t mating 3399 Primary mota products, n.e.c.*

and rolling milk

3325 SO01 fOUndrks, n.8.C..

w r

34 Fabrieatd Mot81 Products, oxupt Machlnoy rnd Tmnrportrtlon Lqulpmont

3443 Fabricated plate work (boiler shops) 3444 Sheet mota1 work W kehit.dural and omamental metal work 3448 Pnfabfkated metal buildings and components 3449 M ~ l l a n o o u s structural nwtal work 3451 Scnw machino products

3462 Iron and @HI forgings 3463 Nofliomus forgings 346s Automativortrmpings 3468 c m w n r . n d ~ u n s

3471 Ekdroglrthg. plrtlng, polkhlno, Moditlng, M d

3482 smrll UN ammunition 3483 knmunnion, oxupt for small a m 34e4 sm8llumr 3469 Ordnanu and rccessories, n.e.c: 3491 Industrial valves 3492 Ruid pomr valves 8nd hose fittings 3493 Stool wngs. exwpt wiro 3484 Vdvos and pipe fittings. n.8.c.. 3495 Wiro springs 3496 Misalluroous fabricated wire produds 3497 Mota1 foll and baf 3498 F-td pip. and p i p fittings 3499 Fabric8tod motal products, n.e.c.*

3452 Bolls, nutr, StnwS, r iV~tS , 8nd wShW8

3469 wd "gt, n.8.C..

-m 3479 cod-, OngWfnQ urd 81l.d A0.E.

351 1 Steam, gas 8nd hydraulic turbines, urd turblno

351 9 Intomat towbustion enginos. n.8.c. 3523 Fum machinoy and oquipmont 3524 Lawn md gardon tractom md homo lawn md

gardon quipmnt 3531 Conttrudkn mrchlnory and qulpment 3532 Mining mrchinoy and quipmont, oxapt oll8nd

gas kld mrchirwy m d q u p m n t 3533 011 and gu fbld mrchkny md qupnmnt

3S3S Convoyon md convoying 8qulpnmnt

gonorator u t unlls

3534 EkvdOf6 md mOMq HdfW8YS

3536 . W m u d m l l n g m, hdrtr;& -nil K

9531. IndudrlrlwlJdu, tndon, tnnon, udrtrdorr

3544 spoci8tdkr and took, 6 wts, JIp UdIlXtunr,

3545 cualflg took, mrehlno tod -des, ud

9541 hhchllw took, mtrl tunbtg typm 3S2 Mmno took. m t a l forrdng typm 3543 hdudhlprslomr

Md hdurtrkl molds

.mrb\lnW nraturlng d o v b s 3546 Poww dmnn handtook

*'Not obwhwr drrrW l n d i i by h.CC*

I

3547 Rolling mill machinery and equipment 3548 Eleclrlc and gas welding and solderlng equipmnt 3549 Metalworking machinery, n.0.c. 3552 Textile machinery 3553 Woodurorking machinery

3555 mung trados mPch1no.y md qupment 3558 Foodproducumsch1no.y 3559 Spacial lndustty m0chlno.y. n.0.c. 3561 Pumgr md punplng quipmrnt 3562 Wl and rolkr kulngs

3564 Ind~almdcomrrwrdrlfmsandMorr.n8drlr

35SS P.duglngquipmont 3566 mod changers, Industrid hbh Sped drhros, md

3567 Industrial proms fumaas and owns 3568 M~anlulpowertransmisrion.quipmsnt, n.8.c. ' 3569 Gonod industrial machinery and quipmsnt, n.o.c*

3554 Pogrrbrdu"8chhH.y

. 3563 Urvdg8scomp-on

pur l lWin oqulpmont .

9-=

. 3571 EWronic computers

3515 Computer terminals 3517 Conputer poripherai quipmnt, n.e.c: 3518 Calculating andaceounting nuchines,exc@ptek-

tronic computes 3579 Otlh machines, n.8.c: 3581 Automatic vending machines 3582 Comrcial laundry, drycieaning. and prossing

machinos 3585 Air conditioning and warm air heating quipmsnt

mnd mmrnorcial and industrial refrigeration .quip mont

3512 Cornputor storage devicrs

3586 Measuring and dispensing pumps 3589 S o w Industry machinory, n.e.c. ' 3592 Carbuntors, pistons, piston rings, and vahros 3593 Fluid pomr cylindorr and aduators

3596 Suler 8nd balances, oxapt lrborrtory 3599 Indurtrid and commnial mchinory and equ9

3594 Fluid powor pumps urd moton

nwnt, n.0.c'

3634 Ekdrlcol housewares and fans 3635 Houwhold vacuum cleaners 3639 Household appliances, n.8.c: 3W1 EkdrSc lampbulbs and tubes 3643 Cumnt Wng wiring devices 3644 Noncumnt cuyiw wifing C v i u s 3WS RasbntlrloWtk IIgMlng nxturu 3 w comrwrdrl. hdustrtrl, 8nd Insutuuorrrl O k d r l c

"b - 3647 Vohiculu lighting quipcnnt 3 W Ughtlng qulpmont. n.0.c. m 1 Horrwhdd 8- 8 d V u 0 q U e M 3SS2 Pbonognphntordrurdp-8UdbW

-1 T O k p h O M md b"ph -8mUS 3663 FWb 8nd tolrvltion broadcasting 8nd " J n k

3669 Comunbtions oquipmnt, I).O.C: 3671 Elourontutus

3674 So"ductora 8nd niated daws 3675 EkeVonic upaciton 3676 Ekctrank nsirtors 3677 Ekdronk toils. transformon, 8nd othor indudom 3678 Ekdronic connodon 3679 Ekdronic corrponents. n.e.c.' 3691 Storage batteries 3692 Prlnvy b8ttefbsq dry and wet 3694 Eloctrlc quipmnt for intemal combustion

3699 Ekctricrl machinery, equipnmt. and sup@-,

mddisks

atbns qulpment

3672 Pt'ifltOdthw&bo8tb

0ngin.s 3695 "tk 8d Optid marding nwdla

n.0.c. '

37 Tnnapott8tion Equlpmant

) 391 1 Jewelry, precious metal 3914 Silverware. plated ware, m d stainless stoel ware 3915 Jowolers'findings andmaterials, and lapidrrywork 3931 Musical inslruments 3942 OoUs and stuffed toys 3 W Gums. toys and childnn's vohicks; axapt dolls

3949 Sporting m d athktic goods, n.a.c.* 3951 Pons, tnochuriul pnclls, 8nd parts 3952 Load ponds, uayons, and mists' mtorirk 3953 'Motking dovicar 3955 CIlbon papor 8nd Inked rlbbons 3961 Costurrw jowoly and costumo novoltios, oxcept

3965 Fastono~s, bmons, needles. and pins 3991 Broom and brushes 3993 Signs and rdvortiring speciallies 3995 Burial caskels 3996 Unobum, rsphalted-felt-base, and other hard

surfam floor coverings, n.0.c. 3999 Manutacturing industries, n.e :.*

a b k w @ s

pndous mtal

- -

P I Q C 1 of

Massachusetts Department of Environmental Protecton Report of TURA Listed Chemical - FORM S Cover Sheet Tox’cs Use Reduction Act - Facility & Production Unit(s)

: General InfOnnation ..

1.1 Fkporting Yoar:

1.2 Facility or Ettrblishment N.mo (from Form R) DEP Facility Mentifiution Numlnr

1.3 Aro you making a trado mcrot Jaim for information in MY of thr docomants wbmittod with tho m r shoot?

YES - NO - t l YES. amch a written statomont domonrtrrting that your daim “8 the rppliublo roquiremontr of 310 CMR 3.33. Specify whether this version of your TURA kport is: - Sanitized - Ununitimd

Certification Statement (Road 8nd sign attor a11 forms havo k e n cemploted.)

1 horoby wrtify that I havo roviowod this and all attachod documontr and that. to the bmt of I- belief, the submitted information is true and oomploto and that tho amounts and valuor in the;=. accurate based on me8surements and/or roaranablo Ortimator using data availablo to the pre documents. I am aware that thoro am signifiant p.n.ltior for willful of intontional summiscion 0; talte or incomplete information.

3wlodge and .uments We of these

Print Name Authorized Signature

Positronpitle Date

. . Facilrty-Wide Listing of Production Units

Unit 001:

~ -

Unit 002

Unit OM:

Unit 004.

1-1 Check here if additional PRODUCTION UNITS are identified in attached pages.

1

Facility-Wide ljst of Production Units (continuo numbring from last onvy on prrviour page)

Unit #:

Unit #

Unit #.

Unit #.

Unit #

0 , . Unit #:

Unit I.

Unit X :

Unit C y :

Unit I:

REPORTING YEAR: DEP FACILITY ID#:

I - I Check here if additional PRODUCTION UNITS are identified in attached pages

Page of

Massachusetts D e c e n t of Environmental Protection Report of TURA Listed Chemical - FORM S TOJU'CS Use Reduction Act - Chemical Usage FaciliiyWide & by Production Unit(s)

Facilify-Wide Usage of Usfed Chemical

1.1

Chomiul Idontifiution (from Form R) CAS Numbor of 8ppliC8blo)

1.2 Facility-Wide Usago of ChomiC8l Identified in 1.1. &tor tOW amount on POUNDS) for 08Ch 8ppliuble atogory.

1.2a Manufacturod: 1.a OlnOf8ted

1.2b Processed. 1 . 2 ~ Otherwise 1.20 Shippod in

I S Byprodud:

Used. or as Product:

Y'-tO-YW Repmhg (~omp~o to this section ONLY H applicable.) .

2 1 H there has been a change from one reporting p a r lo the current 9 8 f in 1 (1) base year, (21 unit of product, and/or (3) estimating methods (that significantly alter prrviously reponed data) for any of the PRODUCTION UNIT REPORT($) completed below or 8ttached. Specify (by number) tho PRODUCTION UNIT(S) subject to such changed information:

2.2 OPTIONAL OUESTION: Did anything non-routinr occur at your facility during the reporting year which affected the data used to complete any of the PRODUCTION UNIT REPORT($) shown below or attached?

H YES, you may use this space to comment:

TURA Report on Production Unit #: (Enter # from FORM S Cover Sheet )

3.38 Base Yoar: 3 . 3 ~ Byprodud bduction Index:

3.3b hant i ty of Chomiul Code: 1-1 * 3.3d EmisSiont M u c t i o n Index:

DEP FACILITY I # : REPORTING YEAR:

I - I Check hero if rdditionrl PRODUCTION UNITS are identified in atl8ch.d pages.

Page of

Report of TURA Listed Chemical - FORM S (Continued)

TURA RemM on Production Unit #: [Enter # from FORM S COver Sheet )

3.3b Quantity of Chemical Code: 1-1 3% Emissions kduction Index:

3.4 ToxioUaeRducrionT.chniqusrCods: 1-1-1 1-1-1 1-1-1 1-1-1 1-1-1 1-1-1 1-1-1

TURA Remrt on Production Unit #: (Enter # from FORM S Cover Sheet 1

3.1 m b e h Roduct Rod& by this R o d e untt

3.3 For this Production Wit, onter Um fflbwing

3.3a Base Year: 3 . 3 Byproduct Reduction Index:

3.3b Quantity of Chemical Code: 1-1 3.3d Emissions Reduction index:

TURA Report on Production Unit #: (Enter # from FORM S Cover Sheet.)

I

Taxics Use Reduction Techniques Matrix

In thls matrix, toxic use reduction techniques mark the rows a d production operations head the columns. Within the matrix, a twodigit code appears tho intersaction of Oaeh row M d eolumn.

If a trchnique as applied to a production oprrrtion acoountrd fw M incrraw of fivo or more points in tho byproduct reduction index ktw8On the baw par and roponing flu, Ontor tho code for that matrix cell in BLOCK 3.4 of FORM S. Enter all the codes that apply.

Enter a 'mircsllmeous' code if two or mor0 tochniqurs (not othrrwirr rntrrrd) together accounted for an incrrarr of five or morr points.

HPlJl S l J B s r m " : Changing the raw materials of product to use non- or less toxic materials.

PROWCT REFOfWULATlON: Reformulating or redesigning end-products to be non- or less toxic upon use, release, or disposal.

PRODUCTION UNIT REDESIGN OR MOMFKXTION. Using production units of a different design than those used previously.

PRODUCTlON UNIT MOOERNWTION: Upgrading or replacing production unit equipment or mrthodr.

I.

IMp#NEDopERATK)N 6 MAINTENANCE OF PROOUCTlON UNIT MulPMENl6 M€IHODS: Modifying rxisting rquipment/ methods by such steps as improved housekeeping. system adjustments or process/product inspections.

RH=vcuNG, REUSE OR m D E D USE OF TOXlCS: Using equipment/methodo that are integral to the production unit.

MANAGEMENT 'IECHNKXIE OF USNG Byp#)wcT AS PFIOOUCT: Use of byprodud without further treatment when the byproduct would have otherwise been released, treated, or rhippud off -site for recycling/reuse

MlSCaUNEOUS

Matorids Procrssing finished Goods Handlinp/Storagr Operations Handling

10 11 12

20 21 22

30

40

50

31

41

51

60 61

70 71

80 81

32

42

52

62

72

82

I

M a s a c h m Department of Environmental proredion GUIDELINES FOR CLASSIFYING PRODUCI'ION UNITS May 1991

developd by DEP as required by tire T d Use Redudion Act

INTRODUCTION

The Toxics Use Reduction Act (TURA) was established in 1989 to promote environmental protection, worker safety, and public health through reductions in the use of toxic and hazardous substances. This law requires that firms report on toxic use and develop toxic use reduction plans for the individual "production units" (or production processes) employed at their facility. DEP is required to develop regulations for classifjmg similar production units into "user segments". These guidelines describe how firms should identij, production units at their facilities.

Toxics use reduction encompasses a range of techniques such as product rdormulation, changes in raw materials, or improved operation and maintenance.' These techniques are designed to eliminate/reduce "wastes" before they are produced.

TURA has certain reporting, and in later years, planning requirements designed to help businesses identify toxics use reduction opportunities within their firms. The law's provisions incorporate approaches used by companies that have successfully implemented toxics use reduction.

Typically, these companies began their efforts by taking a close look at individual products and processes used to make the products. With that focus, a firm can identify different or more efficient production methods that eliminate/reduce toxic chemical byproducts or the use of toxic substances, and save money.

TURA incorporates that thinking by establishing the PRODUCTION UNIT (the combination of a product and process) as the arena for achieving reductions and as the basic unit of reporting, planning, and technical programs.

Next year, DEP will be adopting regulations classiwng production units.

WHAT IS A PRODUCTION UNIT & WHY IS IT IMPORTANT?

TURA defines a PRODUCTION UNIT as:

% process, line, metho4 activity, or technique, or a combination or series thereojwed to produce a product [or family of products]."

of the A production unit is net the process a h e product. It is the combination process and the products produced by that process.

-. . .

See Attachment A for a description of toxk use reduction techniques. 1

PRODUCTION UNIT = PROCESS + PRODUCT

Here are some examples of processes and products designated as PRODUCTION UNITS.

Dry Cleaning Machine #1 used to Clean Clothing Assembly, Primer Coating of Desks Plating Line #2 used to plate Chrome Fixtures

TURA requires that firms examine their activities and establish such combinations of processes and products as PRODUCTION UNIT(s)*. A PRODUCTION UNIT - focus helps establish a connection between the chemicals used/the wastes produced and the products/activities involved.

That connection is reinforced by TURA's reporting requirements. In the annual toxics use reports, regulated firms identify the PRODUCTION UNIT(s) in which a TU=-regulated chemical is manufactured, processed, or otherwise used.

For each PRODUCTION UNIT, the information to be provided includes calculations of a byproduct reduction index and an emissions reduction index, which are ratios expressing year-to-year progress in reducing byproducts and emissions per unit of product.

With regard to future planning, TURA calls on regulated firms to establish a process for identi@ng/evaluating toxics use reduction opportunities for each such unit.

Designating PRODUCTION UNITS is key to other aspects of TURA as well. As the Act directs, DEP will issue regulations on grouping PRODUCTION UNITS with similar products and processes into "user segments" -- based on a number of considerations, including a review of the PRODUCTION UNITS identified by firms identify in the first annual toxics use report (due July 1, 1991 for calendar year 1990).

The user segment groupings will then be used to set priorities for technical assistance (provided by the Office to Technical Assistance), and research and demonstration projects (sponsored by the Toxics Use Reduction Institute at the University of Lowell).

While these GUIDELINES focus on designating PRODUCTION UNITS for reporting and planning, it is important to keep in mind the larger role the concept has in TURA.

HOW DO I CLASSIFY MY PRODUCI'ION UNITS?

Classifying or, more accurately, designating PRODUCI'ION UNlTS is somewhat like drawing boxes around the activities and products in your firm. You could, for

2 T ~ assist businesses, DEP issued Guidelines for Classifying Productions Units in January 1990. These Guidelines were revised in 1991. .

2

example, draw a box around one machine, link that machine to a PRODUCT, and call that combination a PRODUCTION UNIT. You could draw a box around a process line, around a number of process lines, or conceivably around your whole plant.

While your approach must be consistent with TURA, its regulations and policies, firms have flexibility in designating PRODUCTION UNITS in this first reporting year. Firms are encouraged, moreover, to classify PRODUCTION UNTTS in a way that is most useful for identifying toxics use reduction opportunities and documenting progress in reducing toxic byproducts.

procedure is not a requirement -- it is presented to be helpful to technical and non- technical staff alike.

DEP has developed a procedure for designating PRODUCTION UNITS. This

While the steps in this process are listed sequentially below, the concepts involved -- and the decisions you will be making -- are actually intertwined.

Step One: Identify the Processes at Your Facility

Step ' b o : Identify Your Facility's Products

Step Three: Designate Process/Product Combination(s) as a Production Unit(s)

After discussing the steps in this procedure, these GUIDELINES will provide . examples of how the choices you make in designating PRODUCTION UNITS relate to TURA reporting requirements.

, Step One= Idenh'fy the Rocesses at Your F e

Recall that under TURA a PRODUCTION UNIT is:

"a process, line, method, activity or technique, or a combination or series tiiereoj used to make a product."

The first step in classifying PRODUCTlON UNITS is to identify the discretee process steps or activities conducted at your facility, sometimes referred to as "unit operations"-or "unit processes." Then you should identify the unit operations in which a TURA-regulated chemical3 is: (1) manufactured, processed, or otherwise used, or

In the first TURA reporting year, the Act regulates the same chemicals that are regulated under Section 3U of the federa Emergency Planning and Community Right to Know Act (EPCRA),

-- which requires toxic chemical release inventory reporting on a 'FORM R.' Over time, however, the list of TURA-regulated chemicals w i l l be expanded to include the chemicals regulated under CERCLA (the federal Comprehensive Eniironmental Response, Compensation, and Liability Act). One-third of [he CERCLA chemicals will be phased into TURA over a 3-year period beginning in 1991.

.

3

(2) generated as a byproduct or an emission.

TURA allows you to group unit operations together for the purpose of designating PRODUCTION UNITS. Note, however, that:

Every unit operation involving a TURA-regulated chemical must be accounted for in at least one PRODUCIlON UNIT.

_-

It is important here that you be as thorough and methodical as you can, particularly in identifying the unit operations involving TURA-regulated chemicals.- The following example illustrates this point.

EXAMPLE: An airline company built a wastewater treatment plant to handle discharges containing chromium substances. When the plant failed to work as expected, the company further analyzed chromium use. They found that they

by switching from aqueous to could have glirmmted the chr- abrasive methods of removing paint from airplanes being reconditioned. Had they discovered this sooner, the treatment plant would not have been built.

This example underscores the need to focus on all the activities associated with

. .

the making of a product (not just the direct manufacturing activities). To identify your processes look broadly to: (a) storage/handling of input materials, (b) processing/use of materials in production, and (c) assemble/packaging of final products. You should also consider intennittent processes such as equipment maintenance, tank clean-out and solution make-up.

Process flow diagrams are a useful source of information on the unit operations at a firm. Below is a much-simplified diagram showing some of the unit operations in paint manufacturing. (A complete diagram would obviously have much more information.)

Your firm may have prepared much more elaborate process flow diagrams to estimate annual toxic chemical releases and off-site transfers for FORM R reporting under EPCRA. If not, such diagrams may have been prepared in the course of

0

0 Planning facility upgrades;

Developing management systems (e.g., designating cost centers);

0 Responding to other environmental reporting/permitting requirements; or

Conducting toxics use reduction activities.

If process flow diagrams are available, you should make sure that production steps/processes have not changed since the diagrams were prepared. If process flow

4

1 I

diagrams are not available, a plant tour and discussions with production personnel will help you identijl your firm's processes so you can prepare such diagram(s).

Good process flow diagrams will be useful not only for designating PRODUCTION UNITS but also for future toxics use reduction planning.

The flow diagrams should depict all the unit operations in your facility processes or activities that occur to at least the level of detail that is acceptable for production planning in your industry. You then should focus on identifying those operations "associated with a TURA-regulated chemical.

To do so, the process flow diagram should be drawn (as is common) to depict the flow of materials (particularly the chemicals regulated by TUFU). With a diagram depicting material streams and discussions with technical personnel and production staff, you can identify the specific unit operations which involve a TURA-regulated chemical -- as an input, output or throughput. You should also identify valves and other junctures where fugitive emissions of TURA-regulated chemicals occur.

designating PRODUCTION UNITS, as long as every operation involving a TURA- regulated chemical is accounted for in at least one such unit.

As stated earlier, TURA allows you to group unit operations for the purpose of

Many times, final decisions on grouping unit operations may not be made until you begin to designate product/process combinations (STEP THREE in these GUIDELINES). Initially, you may attempt to aggregate unit operations, but you should then ask, "Should a given operation be treated separately?" Sometimes there are very good reasons to do so.

( r EXAMPLE: A manufacturer makes and sells painted and unpainted cippliances. One TURA-regulated chemical is used in various cleaning steps for both types of appliances but the painted ones undergo an additional cleaning step involving another chemical.

The manufacturer could group the steps common to all appliances into a single process. The cleaning step for painted appliances might be treated as a separate PRODUCTION UNIT. This approach depicts the product mix and usage of chemicals at the facility more accurately than grouping all. the steps for all the appliances together would.

Generally, parallel process lines MAY be grouped together unless they involve different technologies, chemical usage, or they produce different products. If significant differences exist, they should be treated separately. Again, final decisions on aggregating or disaggregating unit operations will probably be made at STEP

-_ THREE, after you have identified the products produced by your firm as described below.

Step Two: I&nfiify Your Roducts

Und,er TURA, a "product" is:

5

#'a product, a family of products, an intermediate product, a family of intermediate products, or a desired result or a fami@ of results."

In some ways, the TUR4 definition of product is broader than the common understanding of the term. Intermediate products are considered "products" under the statute, as are certain "results." Also, the definition of "intermediate product" may encompass "outputs" other than those considered as such in your industry.

PRODUCTS for TURA reporting and planning. Asking the following questions will help you identify and classify your firm's

QUESTION 1: What products or intermediate products did the firm produce during the reporting year?

QUESTION 2: Can/should these products be treated as separate products or grouped into families?

What products or intermediate products did the firm produce during the reporting year?

As a first step in determining what products your firm produced, you should assume -- at least initially -- that any product or intermediate product that is identified as such in your accounting, inventory or manufacturing information systems is a product.

After you identify products (and intermediate products) from existing information sources, you should consider whether does your firm produces any &r items that might meet the broad TURA definition of "product." Consider whether there are any "outputs," not commonly considered intermediate products that might be classified as intermediate products. Note that under TURA, a chemical substance or other product can be considered an intermediate product if it is:

a Produced to be used intentionally in the manufacture of another product OR

Taken out of the production process and transferred off- site, to another production unit, to storage, or through a finishing process.

Common examples of intermediate products include: (1) a chemical (phenol) that is sold as a product and used to produce another chemical product (aniline), or (2) unpainted appliances shipped off-site by a manufacturer that makes and sells painted and unpainted appliances.

Phenol and the unpainted appliance would probably be considered intermediate -products within their respective industries. The following example illustrates a case where something that is not usually viewed as an intermediate product might be treated as such.

EXAMPLE: An electronics component manufacturer produces deionized water

6

that is used (for cleaning) in the production of printer circuit boards. Under the TUR4 definition, the manufacturer could call deionized water an intermediate product.

In that case, the unit operations associated with the production of deionized water could be grouped together, linked with that "product" and called one PRODUCTION UNIT.

'

Similarly, there are some results that a firm might usefully consider to be products. In the non-manufacturing sector, a result might include a service or something less concrete like the production of electricity. Even in manufacturing, there may be certain results that Sould be treated as products.

The option of treating results as products is something to keep in mind. At this point in your analysis, however, your major effort should be identifymg the products and intermediate products produced by your firm. Having done so, the next question is:

Can/should these products be treated as separate products or grouped into I .?lilies?

If your firm produces one, truly homogeneous product, this question is not an issue. Many firms, however, have different, varying products and product lines.

Under TURA, Similar products may be classified into a "family of products," so that the process used to produce them can be considered one PRODUCTION UNIT.

To determine if products can be grouped or should be treated separately, you need to have a sense of how similar (or different) they are. Are the same (or different) processes used to produce the products? Are the products similar (or different) in terms of the usage of a lVRA-regulated chemical(s) or in the production of regulated chemical(s) as byproducts or emissions?

or treat them separately. Some simple principles that might be useful are set forth below, with examples. (While the examples refer to similarities or differences in chemical usage, it is equally important to consider the processes used to create products, and the byproducts/emissions generated by those processes.)

Often, judgement is called for in deciding whether to group products into families

You can group products into families if there are no simrificant differences in the technologies used to produce them, the usage of chemicals, or the creation of byproducts/emissions.

EXAMPLE: A battery maker produces lead acid batteries of the same size/shape, using the same produc,tion processes and involving the usage of the same amounts of lead compounds, a TURA-regulated chemical.

The various batteries have certain internal elements made of differing materials, such as silicon, clay or paper -- none of which are listed chemicals.

7

Although sales records list and price the batteries as different "products,", the manufacture could group them into a family for "R4 purposes.

While these three principles may not cover every situation, you should use them to guide your thinking on how your final products should be treated. Once you have

processed identified earlier. The next section describes how to combine these "building blocks" to make PRODUCTION UNITS useful for TURA reporting and planning.

I identified the products produced by your facility, you can then link them to the I

.

You m ; ~ y group products into families if you are assured any differences are minor or statistically insignificant.

EXAMPLE: A firm mass-produces 500,000 transformers a year. While these products are uniform in every way, the h also makes 50 special order transformers. The special orders involve usage of a listed chemical that varies considerably from that of the mass produced items.

Step Three= Designate Pmduct/hctss Combination(s) as hdudw n Unir(s)

Recall the key TURA definitions:

A PRODUCTION UNIT is "a process, line, method, activity or technique, or a combination or series thereof, used to make a product."

A PRODUCT is "a product, a family of products, an intermediate product, a family of intermediate products, or a desired result or a family of results."

- TURA affords firms flexibility in designating PRODUCI'/PROCESS combinations

1 Production Unit = 1 Process + 1 Product : A facility with a single product and a single production process has one PRODUCTION UNIT.

as PRODUCTION UNITS. Here are some examples of possible combinations:

a i

For example, the production of car batteries through one process.

1 Production Unit = 1 Process + A Family of Products : A facility with similar products may group these into a f d y , SO that the process used to produce them can be considered one PRODUCI?ON UNIT.

For example, the production of miscellaneous engine parts through one process.

. 2 Production Units = 1 Process + 2 Products: A facility with a single production process making two distinct products (not the same family) should designate these process/product combinations as two PRODUCTION UNITS.

For example, the production of microfilm and specialty grade microfilm through one process.

2 Production Units = 1 Process + 1 Intermediate Product + 1 Product: A facility with a single production process making two distinct PRODUCTS should designate these process/product combinations as two PRODUCTION UNITS.

For example, the production of unpainted appliances (intermediate product) and painted appliances through one process.

These examples reflect the combinations possible as a result of whether products are treated separately or grouped into families. The examples are based on situatio-ns where a firm has one process. Additional combinations are possible depending on the number of processes in a facility and how those are treated.

The more products and process steps you treat separately, the more PRODUCTION UNITS you will have. On the other hand, if you group products into families and aggregate process steps, you will have fewer PRODUCTION UNITS.

Your main concern, however, should be to designate PRODUCTION UNITS in a manner that most accurately reflects the activities and products of your facility. Keep in mind that products and processes can change over time. If, for example, your firm has one stable product line and another that is expected to change, you might want to put each into a separate PRODUCTION UNIT.

You should take into account the availability of information and its reliability. If, €or example, relevant information on separate production lines is kept separately, it might be simpler to treat the lines as separate PRODUCTION UNITS, rather than combining them.

Finally, and most importantly, a collaborative approach to designating PRODUCTION UNITS could be useful because a range of personnel might have relevant information. These include environmental managers, production supervisors, people doing equipment maintenance, process/product engineers, and fiscal managers.

Discussions with personnel from different disciplines will help inform your 9

I

decisions on designating PRODUCTION UNITS. This might also be of assistance in completing the final task associated with these designations -- assigning to the PRODUCTION UNITS an output measure or measures for reporting and planning under TURA. For some firms this will lv as easy as keeping track of the number of products produced annually (e.g., a chair manufacturer could use the number of chairs).

For other firms, however, this might not be a simple issue and other measures of production levels should be used. Some examples are:

Pounds of Plastic Resin Produced

Square Yards of Paper Coated

. Gallons of Chemical Produced

Under TURA, such an output measure is called a "UNIT OF PRODUCT," and it

Regulated firms report their progress in reducing byproducts and emissions on a

serves the following functions.

- - This approach to reporting is designed to "normalize" year-to-year changes in production levels that might increase or decrease chemical usage? With regard to planning, regulated firms will probably use the UNIT OF PRODUCT to evaluate the costs/benefits of alternative toxics use reduction techniques.

duct - basis.

In choosing a UNIT OF PRODUCT, you should try to pick a measure of facility productivity that most closely reflects all activities involving the listed chemical. The measure should be one that is as free from nonproduction influences as possible.

Dollars sales, for example, are affected by a variety of factors that are unrelated to production levels or chemical usage: market share, pricing decisions, inflation, etc. Direct labor hours is another example of this.

TURA regulations, accordingly, place certain limits on the types of UNITS OF PRODUCTS that may be used for reporting purposes. Under the regulations, a UNIT OF PRODUCT must be a physical measure that is directly and proportionately related to the use of a listed substance. The measure must increase/decrease in a consistent way as chemical usage increases or decreases.

Subject to the regulations, you are free to choose a UNIT OF PRODUCT that makes the most sense for your firm. The following example illustrates some of the considerations involved in picking a UNIT OF PRODUCT.

EXAMPLE: A copper forming firm produces extruded copper products. Some of the alternative UNITS OF PRODUCT for this firm include:

'This reporting method also allows firms to keep certain information on production levels confidential.

10

Number of finished products manufactured

Surface area of copper processed

Mass of copper produced

The firm rejects the first two measures for the following reasons.

Number of products produced fails to account for the wide range of sizes and shapes of the extruded products, which affect the amount of chemicals used.

Information on the Surface area of copper processed was not available and would be very difficult to collect.

Mass of copper produced was chosen as the UNIT OF PRODUCT because the firm's production records are expressed in those terms and the mass of copper processed through the plant is directly related to the amount of byproduct/emissions generated.

Up to this point in the discussion, the GUIDELINES have focused on gresenting a framework for the decisions you will be making concerning PRODUCTION UNITS. In the next and final section, the GUIDELINES will provide examples of how the choices you make relate to certain aspects of TURA reporting.

Production Unit(s) & TURA Repon'ing

The first of the Annual Toxics Use Reports must be submitted to DEP by July 1, 1991 far calendar year 1990. Some of the information called for involved facility-wide usage of TURA-related chemicals. These GUIDELINES, however, focus on the reporting requirements related specifically to PRODUCTION UNITS. In this report, regulated firms identify the PRODUCTION UNIT(s) in which a TURA-regulated chemical is manufactured, processed, or otherwise used. For each PRODUCTION UNIT, chemical usage is then reported in terms of a range, and indices are calculated to report progress in reducing byproducts and emissions, attributable to that PRODUCTION UNIT.

Finally, the methods of achieving those reductions have to be indicated in a matrix form.

The choices made in designating'PRODUCTION UNITS can affect your reporting under TURA, as the tables below illustrate. Note that these tables focus on aspect of TURA reporting -- calculating the byproduct reduction index ("BRI"). Note

- that the BRI is not necessarily the most important aspect of TURA reporting, and that reporting is not necessarily the most important aspect of TURA.

The examples based on BRI calculations do, however, illustrate the principles set out in these GUIDELIh'ES.

11

I

The formula for the byproduct reduction index is: 100 x A - B A

WHERE: A = e of toxic byproducts generated in base yea r units of product produced in base year

B = a units of product produced in reporting year

The following examples illustrates a BRI calculation:

A widget manufacturer’s production unit generates a TURA-regulated chemical (nitrobenzene) as a byproduct. In the base year, (1987), 30,000 lbs. of nitrobenzene byproduct is generated for 180,000 widgets produced. In the reporting year, 1990, 48,000 lbs. of nitrobenzene byproduct is generated for 360,000 widgets produced.

A = 30,000 lbs. nitrobenzene/180,000 widgets = .166

B = 48,000 lbs. nitrobenzene/360,000 widgets = .133

.166 Byproduct reduction index = 100 x 5 6 6 - .133 = 100 x .198 or 20

The BRI of 20 indicates that the widget manufacturer has reduced the nitrobenzene byproduct per widget by 20%. An index of 100 would represent the highest possible reduction, which means that the chemical was totally eliminated from the production unit.5

This example takes the firm’s designation of the PRODUCTION UNIT as a given. The examples depicted in the following tables illustrate the impact of the following:

TABLE #1: Decisions Concerning Products TABLE #2: Decisions Concerning Units of Product

By giving these examples, DEP intends to illustrate the principles discussed previously in the GUIDELINES. The examples are based on discussions with industry, environmentalists and other government officials. The facts in these examples have been simplified.

%be formula for the emissions reduction index is the same as the BRI formula, except that the quantity of emissions generated appears in the numerator of the two ratios, A and B.

12

T m el: DECISIONS CONCERNING PRODUCTS

Assumptions: A paper maker produces assorted colors of paper, of which WRA-regulated chemical A is produced as a byproduct from the production of dark blue and light blue papers.

In 1990 (the base year) and 1991 (the reporting year) production remained the same at l0,OOO lbs. (5,OOO lbs. of dark blue and 5,OOO lbs. of light blue).

1990 BYPRODUCTS 1991 BYPRODUCI'S

Dark Blue 100 lbs Light Blue 30 lbs

80 lbs 30 lbs

As the information above indicates, this firm reduced the byproduct from the production of dark blue paper from 100 lbs. in 1990 to 80 lbs. in 1991.

Approaches to Grouping Products

Option #1: The firm treats the dark blue paper as a separate product.

Option #2: The firm treats the dark & light blue papers as a family of products.

BIvproduct Reduction Indices for the 2 OPTIONS.

Option #1: A = 100 lbs. of chemical A/5,000 lbs of paper = 0.020

B = 80 lbs. of chemical A/5,000 lbs of paper = 0.016

BRI = 100 x o.0206 = loo x 0.2 = 20 0 .020

Option #2: A = 130 lbs. of chemical A/10,000 lbs of paper = 0.013

B = 110 lbs. of chemical A/10,000 lbs of paper = 0.011

BRI = 100 x 0.013 - 0.011 = 100 x 0.153 =

SUMMARY: The BRI for dark blue paper as a separate.product is 20, expressing a 20% reduction in the byproducts. The BRI for dark and light blue papers was 15. Combining the papers means that the byproduct reductions were averaged over all of them. 4

.p 0 .013

13

TABtE #2: DECISIONS CONCERNING UNITS OF PRODUCT

Assumptions: An electronics component manufacturer makes printed circuit boards. To clean the boards, the firm produces deionized water. TURA-reghlated chemical C is a byproduct of the deionization unit.

In 1990 (the base year), the firm produced 9500 circuit boards. In 1991 (the reporting year), 7500 boards were produced. The amount of deionized water produced remained the same at 10,OOO gaUons/year. The h reduced the byproducts from the deionization unit as shown below.

1990 BYPRODUCTS 1991 BYPRODUCTS

100 lbs 90 lbs

Approaches to Selecting a Unit of Product

Option #1: The firm chooses gallons of deionized water as the UNIT OF PRODUCT for the deionization unit. (See p. 7 on treating this water as an intermediate product.)

Option #2: The firm chooses number of printed circuit boards as the UNIT OF PRODUCT.

Byproduct Reduction Indices for the 2 OPTIONS.

Option #1: A = 100 lbs. of chemical C/lO,OOO gals of water = 0,010

B = 90 lbs. of chemical C/lO,OOO gals of water = 0.009

BRI = 100 x 0.010 - 0.009 = 100 x 0.1 = 30 0 .010

Option #2: A = 100 lbs. of chemical C/9,500 boards = 0.011

B = 90 lbs. of chemical C/7,500 boards = 0.012

BRI = 100 x 0.011 - 0.012 = 100 x -0.09 = . ;9 0 .011

CONCLUSION: The BRI for the deionization unit as a separate PRODUCTION -UNIT with gallons of water produced as the UNIT OF PRODUCT is 10, expressing a 10% reduction in the byproducts. The BRI for deionization unit, treated as part of the other manufacturing processes (with # of circuit boards as the UNIT OF PRODUCT) was a w t i v e 9, suggesting a 9% jncrease in byproducts.

14

APPENDIX A

WHAT IS "TOXIC USE REDUCTION?"

Toxjcs Use Reduction is defined in the Toxic Use Reduction Act of 1989 as: a '

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 worker, consumers, or the environment without shifting risks between workers, consumers or parts of the environment. Toxic use reduction shall be achieved through any of the following techniques:

bput substitution - replacing a toxic or hazardous substance or raw material used in a production unit with a non-toxic or less toxic substance.

0 Aqueous cleaning instead of solvent cleaning 0 Soy based inks instead of chemical inks 0 Alkaline plating baths instead of cyanide baths

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

0 Latex based coatings instead of oil based coatings 0 Unbleached paper instead of bleached paper

Produc tion Unit Redesign or M odification - developing and using production units of a different design than those currently used.

0 Ozonation instead of chlorine based system for controlling corrosion 0 Electrostatic powder paint spray instead of solvent based paint

Product'on 1

equipment and methods with other equipment and methods based on the same production unit.

u nit Mode rnization - Upgrading or replacing existing production unit

0 Continuous closed system instead of batch process 0 Countercurrent and reactive rinsing instead of single tank rinsing in

electroplating

ImDrov ~ ~ m v m e ration an i i nt - Modifyxng 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.

0 Installation of Floating Roofs on Chemical Storage Tanks (instead of no roofs)

0 Strict inventory controls to prevent expiration of chemicals

P e q c ling. Reuse. o r Extended Use of TOM 'cs - 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.

0 Acid regeneration instead of disposal of acid 0 Silver recycling unit instead of discharge of silver in wastewater

WHAT ISN'T "TOXIC USE REDUCTION?"

Toxics use reduction focuses on the production process, rather than the byproduct. In other words, "reduction" is to occur through changes in the production process, rather than through changes in how the waste generated by the production process is handled. Thus, toxic use reduction does not include any practice which promotes or

I requires, or which is:

0 Shifting the toxic discharge from one medium to another (air to water ) ;

0 Recycling, unless it is integral to the production process; 0 Treatment of toxic waste to make it less toxic or non-toxic; and 0 Incineration.

1

I

Danio1 S. Grwnbrum corn"

TONICS USE REDCCTIOS

REPORTIZG REGCL.4TlOSS :lo CYIR 50

TR.ADE SECRET REGULAnOSS 310 Cl lR 3

Effecri1.c -4pril 12. 1991

. . . _ . ' . 8 b '.: .

\

..- i

3 x 1 CMR. DEPARTMENT OF ENVIRONMENTAL PaoTumoN

I

SIC. CMR 50 02 TOSlCj USE REDL'CTION

Section

50 C? Authoct) 50 0: Purpose 5L 02 Severabilir, 50.04: Effective Date 50.05. Noncomplimce with Repulrtions 50.06. Computation of Time

(bt.07 through 50.09. Resewed) 50.10 DclmittonS

(So 1 1 thmugh so 19 Reserved) b0.20. Rulu lo: r)cte.mrnir.& Amount of Toxic Substmce Manufactured.

Proctued. or Othemise Used . (50.21 through 50.29 Reserved) 50.30: lo xi^ Use Reports 60.3 1 : Applicrbi 11 t y 50.32: Reporting Requiremen t t S t 33. Content of Repott 50.34. Reporting Forms 50.35 Deficient Toxicr Use Reports 50.36 Recordkeeping Requirements

SC 01: Aurhoritv

The Depe::mcnt of Environmental Protection adopts these r e p : ' YJ pursuant 10 M.C.L. c. 211. L;S. 3 md IO.

SO O ? . h m s e

(1) Ihe Department of Environmental Pmtection promulgates these regulations to crrr) out its authonty m d responsibility:

(a) to promote toxics we rtductron u the preferred m e m for prtvcnting nsb associated wth :he production md use of toxic s u b t m c u . rncludmg nshs to woriers. consumers. the public md the envimnment, (b\ to promote tomcs we reduction u the prtfrmd meULt for achieving complimce with m) state or federal law or regulation pertunrrr to toxrcs production md use. hazardous waste, industnrl hygiene, worker rarer), public exposure to toucs. or n l e u c s of toxits into the environment. (c) to promote the coordination md enforcement of federal and state I w s u r d rcp!arions pertaining to chemical production urd use. hatankus waste. mdusttral hygiene. worker srfetk, public exposure to toucs md t h e release of touts u110 the environment; (dl to coordinate state programs in older Io promote most effcctivel! toxics Me reduction in the commonweal!h; (e) to minimize unnccwsar). duplication of r e p r t v l p rtqumments conceminp chcmrcal or hazardous ruhstmce production. use. re1eut disposal. and worker exposure. ( I ) to provide up-to-drte and consistent d o m a t i o n about mmufactunng, worker exposure. dutribution. procers. o l e . rtorrge. n l e r u or other lLce of chemicrls on a facihty. regional md StaWWidL bus; (gi to pmtact the public health, rrfely and wellan; (h) 10 pwvrde for the propcr admuurtratim of ud to othetwrce effaclualc the purposes of M.C.L. c. til.

It b hereby declared thrt the provision$ of these rcplationr. 310 CUR 50.00. w e sever&ble. urd if M) provisions h e r d or the rpplrcrtion tbenof Io M Y perron or my circumstance is held invalid. such invrbdtty shall mt affect olher pmvisior2 hc:eGf L: Jpp!lc~!lOnS therbof whrch can be given effect *ithou: the invaiic! provision or application.

310 CMR: DEPARTMENT OF ENVIRONMENTAL PRMECT~ON

I

50 Cf Noncomolianct wi!k Reeulations

A n y noncompliance with. failure to a m p l y with. or violation of my provision of 310 CMR 50.000 shall cohtlitute a V i O h t i O n of 310 CMR 50.000 for w h x h the Department may t a l e M enfORcmeni m 1 O n pulrurnt lo M.C.L. c. 21A. s. 16 and 310 CMR 50.00.

go.06: Computation of Time

Unlur othenwise specifically pmvided by law, 310 CMR 60.00. or my detemmrtior: rrnred pummt to 310 CUR 50.00, MY tune wnod pmcnbed or referred to in 310 CUR 50.00 or in any detennuution issued pumant to 310 CMR 50.00 shall begin with the first dry lollown# Ihe act which mitratrr the r u " g of the time perioa. urd rhrU include evey calendar d r y 3 includmg the lut dry of the time penod LO computed. If'W l u t dry ir s l tudpy. Smdr,. lend holiday, or MY other dry in which the officrr of lhe Department are chrcd. the deadline shall nm until the end of the next War day. If the time pen4 pwcribed or r e f e d to i s lau Ihur men d8ys. d y drys when the oftices of the Department are open rh.il be uwhded ia h e comprtation.

(310 CUR 50.01 - 50.09. Ruemad)

50 10 Definitions

As used in 310 CUR 50.000. the following tenns shrll have the following meanings unlesr the context otherwise clearly requires.

Ancncy means state agency.

- Article m c u u I mmufacfured item, other than UI item whch i s manufactured at the frcihty. (1) which is fonned to a specific &ape or design dunng murufrcture. (2) which has end w fmctions dependent in whole or m part upon 111 shape or design d u m p end me; md (3) which does rmt rsleuc 8 toxic mhsturce mder mmrl conditions of pmcrrrmg o r UL of that item at the facility or utrblirhmenfr.

Byproduct means all nonpmduct outputs of toxic or harrrdous suhstrncer generaieo b) a production unit, pnor to hurdlurg, truufer. treatment or release

CERCL4 me- the Comprehensive Envrmnmcntrl Raspme. Compehtation urd Lability Act. 42 U.S.C. Section 9601 et. Saq. (Pubbc Law 02400)

Commizsioner means the commiuioner of the department of .nvimnmental pmteciboE ( ~ U ~ S U A J U to SI. 1980, c. 240. s.101.'.. . the departmenl of cnvimnmcntrl quality engineering drrll be brown u the department of envimnmentrl protection') or his designee.

Council m e a the rdministrrtive comcil on toxiu me d u c t i o n u established

Covered toxic "m:

b y . L c. 211. s 4.

(a) r l ouc subslance thrr i s manuf8ctui.d. pmerrrd, or othenvirc m e d at a facility m amounts. determined in rccordrnce with 310 CMR W.20 q u a l to or greater than the applicable t h d m l d " m t ; ud 0) If r facility murufreturm. proccaisr. or orhemvine a t o u c subr!vlcc ir; amounts. delemined in actordurce with 310 CUR 60.20. -qual to or greater than the applicable chrrzhold amount. then a 'Cove& touc' a h meam r IOXIC suubrturce that Is murufrc turd or pmcewed at the facility in amounts. d e l e m i n d In a c c o r d u ~ a with 310 CUR 50.20. rqurl to Or ) n r t e r than Ien l h o d (1O.m) p o d per u l d r r yrrr. if the appbcable thrrshold amount for that toxic r u b t u w e ir #mater than ten thowvr2 pomas per crlendrr year. (C) A 'covered toxic' alm meuu a toxic Oubrtmce mmufrctund. proctrted or othenvise used b) 8 toxic user withm r pnonty we: cement d e s : g - r ! c t punum! to M C L. c 21!. 1 14 for which the 0cpr:tment f'quires reporlmg or pr&r"g punuml lo M.C.L. c. 211. u. 1 4 urd 10 Or 11.

4 '25'5: 310 CMS - lo!?

1

5t.10 continued

Customs femfow of the United States me8ns the SO States. the Dutnct of $2olumbir. u rd Puerto Rico.

DcDa:lmenr m e u s the department of t n v i m " t ~ l protcct)on @unumt to S: i 9 b i . c 240. s 101: ... the department of environmental quallrb engineering &hall be lnown u the department of environmental protutmn").

Firsion means a release of a loxk or h8ratQw mbrtme to the cnvimnment or a trursfer of a toxic or hazardous rubtrnce in w u t e to an off-cite location.

EPCRA meam the Emergency Pl8Minl md c h " i t y Right-to-Know Act. 42 U i j S e c t r o n 11001 et. s q (~ub~ic LW 99-499).

t r ab tdunen t meam UI economic unit. gmenlly at r single physicat location. where busmess LI conductod or where M H ~ S or rndratnrl operatbons are perfomed

Faciliti m e u s all buildings. muipmurt. Ct~c turec . and other stationary items whxh are located on single site or on w n t t g w u or adjacent utu urd b c h are owned or operated by the same perron. or by my perron who controls ts contmlled by, or is under common COntrd mth. such penon. A facihty may consist of more than one estrblrrhmant if the crtrblrrhments art operated b, pemns who have a common COrpotate o r krcmecs intersst (includu\g. without limitation. common ownership o r control) in the utrbllrhments. If the faclltty consws of more than one ectrblrrhment where the mtrblshmentr are operated by p e m n s who do not have a common corporate or b i n e s mterest (u -1ng. wthout Lmitrtion. common ownetstup or control) m the actablrrhmer. s Ten each such perron &all treat the establirhmcntr i t operarm u a k i l t : , For purposes of ths thrc definition, a .common corparrte or b m c u tntercst' includes ownenhip. partnerchip, p in t ventures. ownerrhrp of a controlling interest u1 one peson by the other, or ownership of a ~ t r o l l n g interest in both p e m n s b) a tturd prmn.

- fom R m e a the report required by Section 313 of EPCRA a d 40 CFR part 3'2

- Form S mems the form rsquind by M.C.L. c. 211 md 310 CMR 50.3G. and set forth ir, 310 CMR 50.34.

Full-time individual employed or f- maul rach 2.000 b u n workco per year b) ul emproyce or combmatron of employees.

Full-time emplovee m e u s each 2.000 h o u ~ worked per year by UI employee or combination of employees

lmwrf mems to cause a toxic substance (including a mixture containing a toxic cubsturcej to be imported into the customs temtory of the Uruted States For purposes of this definition. 'to CBUC' m e a to mtend !hat the tomc rubrturce be imported urd to control the identity of the unpor td touc substance md the U ~ O M ~ to be imported. For purporrr of t h s definrtion, 'to caw' mCludU. ~ t h o u t limitrtion. (i) CituatIOru where a person orden a touc rubrtmce ft" 8 foreign supplier, ur4 (ii) r i tw tm where the p e m n ug m unmtt bmkerage frm 8s UI agent lo obtain the toxic mbtmce.

Intermediate product meam 48) in chemlcal manufacturinr. m y chemical wbtmtt that is consumed. in

4 ' 2 € ' 5 :

whole or UI part. tr! chemical rirttions used for the intentional mmufrcture of mother chemical SuktMCe or mixture. or that LL mtentionilly present lor the purpose of rl tenng the n t e of chemical reactions. other lhan a non-uolrtec! intermediate u dcfrned in M C L c. 211; (b) in ul) other setting my mrnufacturrd substance. compowrd. or pmdu:! thst IS consurnec in whole or UI part. UI a chemtcal or physical procur IO: tke lntCt:Ao7a manufactore of mothe r product. or tha t IS I n I ~ n l i O f d ) P*eSeit lo: lhc purpose of riding the manufacture of ulothc: product. othe:

a nor-ir;,a:ec m i e n e c , a t e u defined m M C L c 211 urd 310 CMP 5: O t

31c Ch4R -

! SO 10 continued

Quantity toxic uer means MY l o x w user who mmufactum, proccrrer Or otherwise uses an) toxic or hazardous $ubstMCC in an amount. determined in acco~d.d+nce with 310 CMR 50.20. the u m e as Or 8rcater than the applicrble threshold amount UI a calendar year at r hcilrty. When more Ihan one threshold applies to 4 facilit) s minufactr(rurg. pmcurmg Or other we of a rouc rubtmce. the toucs user u a k g e quantity toxm w r if the lacibty exceeds an) rppbcrble thmshold.

M M U f r C t U r r means to pmduce. pnprn, hmfl or oompornd r toxic or Lruardow suimturce.

Mixture means my combinarm of two or mom ehcmicrk. if the combinetion is whole or m part. the rrrult of 8 ChonUCal nrclion. However. if the mmbinrtmn was produced by I chmicrl nrc t ion but could have hen produced n t b u t a chemicrl nrction. i t u treated U 0 mixtun. A mixture .Lo hcldrr my combination wLch conrists of r chemical ud rrrocirtad impunties.

ulti-media m e w luvin! to do with all mimamental media including. but * ired to, water. lud =nd ur rad workpluu w i h f u t l i t , r .

Non-icolated inlennedirte means m y intermediate which is not intmtionally nmoved from the qwpmmt in whxh i t L m m u f r c t u n k includ~ng my reactton v r u r l in whch it u mmufrctured. q u i p m m t which L urcillry to the mactmn vessel or similar equipment, urd my equipment thmugh which the intcrmcdirie p&sm dunng a continuour flow pmcru . but not mchdmg tanks or other veueis or qwpmrnt in whch the subturcr or product i s s t o d after muwfrctw.

themirc use or gthcr use m e a my WL of r toxic N h t u r c e that is not g v a r c d by the t o m 'mmuhctum' or 'pmcru' and hcludw ua of a tox~c rubrtwe contuned in r mixtun or tmde nunc pmducl. Relrbeling or drrtributmg r o o n t m e r of 8 toxic rukturce w h e n no m p a c k u i n ~ of the toxic suhrturce occurs does not c o " m ULC or pmcwrrng of the loxic substmce.

- Pemn m e a ur) Individual. tmst, firm. pint stock company. corporation. partnemhip, or association e n g r p d ICI business or in providing service. excluding the Commonwealth of Muachuetu, and a n y ruthonty. drctnct. munrciprlity or political rutdivision of the Commonwealth of Muuchucttr.

WTW. f w b l i c l v ~ w n t d t n r t m e n t works1 owrrtors merns holderr of drschrrge p p e commonwrrlth or my of i t s politicrl rubdivulons 8nd med in the storage. tmrtment, recycling md teclamarion of municipri rswr8e or iadrrrrnrl wastes of a Lquid nature to implement 33 U.S.C. Section 1281. or necrruy to mcycle or "e water rt the most economicrl cost d e r the l r t i m r t d life of works. hcluduq intercepting u w e n . outfall sewem. sewa8e collectton system, pumping. power. M d other equipment, and the rppur tmmcu. extenmotas, impmvemut 1s. temodelinp a t t o n s . and dleratmnr themof; elements wrrrtrrl to pmvidc r nli rble crcycled mpply lu th u standby t m r t m m t units ud clear well frcihtiec: M y works. including the lMd that rill & an integrrl part of the I ter lmmt pmcers (meluding the land used for &e stonge of mrid wastewater ia Lud treatment system pnor to hd appllc8tlon) Or is d for ultunate dirpaur o l r r i d u u m l t m g such treatment; my other method or mtmn for. Plrventuq. abrturg reducmg. stonng. treating. uprrrtmg. or drrporuq or muuciprl waste. rncluding storm water runoff. Or indurtnal wute . mclubng u u t e m combined S t o m water ud m t a y e w e r syriunr.

Floc= meuu the pnp8tJt lM of r toxic or &trrQra arbrtmce. Includmg. rnlhout kmitrtion. 4 toxic mhtme t o n t u r d an 8 mixture or tnde name Product. after its manufacture. for dirtributton in commerce:

(a) In the u m e fom or phyrtcal state. or UI differtnnt fom of physicd State fn" ttui in which i t wu received by the t o m 0 mer Y) prrparrng such mstmce. or (bl U part of UI article containing the toxic or hazadous substulce

4 126 '9 1 310 CMR - 1084

I

I I

50 112 ton t inued

Product m e w product. a family of products. an intermediate p m t . A -of intetmediaie products. or a desired result or a famil) of rtcult 'Producr' rlcc means 8 blproduct that i s used u a taw matenai n t h o u ~ treatment I f r byproouct is treated before i t IS wed u a raw material. then 11 1s no: a pmdu:t

Productbon wit meus a proces. line. method, rttivity. or t achque . or a combrmtion or rents thereof. used to produce a product.

enior manaxemen! official m e a an *official who h u manatement ksponsibrlrty for the pemn or perron, completing the report, and who hm ruthorit) to J C t U rgent for the t0xiCS Mer.

SIC code or tmdard industnal classification eode m e w 8 rpccifjc identification d e . w t h m the rd~l ihcat ion code system developed by the Unmd States Chamber of Commerce, assigned to a facility.

Small aumtity toxrcs user m e a m y toxiu mer who is 1101 a la-e quantity toxics wer

'

S t a t e asencv me&'; my agency or ruthorrip of thc . . dblwta.u, YL.r..-r

in M C L r.. 30A. s. 1.

nrrcsholdr amounts or threshold amount mean the following: (ai for those toxics usem that manufacture or proctrs toxx or hazardous mbstmce. 8,s the t a m s 'mmufactun' m d "procur' are defuted here: ?e threshold amount for a toxic or hazardous mktrnce Jull be twenty-' e thousand pounds each year at MY one facility; m d (bl for those Ioxics usen that othermre use 8 toxic or hazardous mbstmce. the lhnshold amount for a toxic or hrzrfdorrr ruktrnce &all be ten thouturd pounds each year 81 m y one facility; urd (c) if the administrator of the United Str tes Environmental Protection Agency sets a threshold quantity for facility repr t rnp on a IOXJC or hrraraour substance under Section 313 of EPCRA whxh is lower than a corresponding threshold imount specified in prrgnph (a) or (b). thet. the conetponding threshold for that N ~ ~ U I C C pumtrnt IO M.C.L. c. 211 md 310 CMR 50.00 shall be the u m e u the federal thruhold.

I€; my penon who o m or operates any. facility that manufactures. pmcesres or othcmise uces any loxic or hazardous wktmcc urd that 8s classified in SIC cadas Ten through Fourteen mclwive. twcnt) through Forty inclusive. Forty- four through Fif t y s n e inctunve. Seven1 y- two. Seventy- the . Seventy-five and Seventy-six. (bl I f a perron OWN a facil:ty, m d that person's only intens! in the facll ltp i s ownership of the real estate upon which the facility LS operricd. then. with rupec t to that facility. that person is not 8 t o u u mer. Thrs mcludes. without kmitation, ownen of frcilitiu such as vrdrrrtnal prttr. all or part of which are leased io p e ~ n s who operate utablirhmenu w i t h SIC coda Ten through Fourteen incluwe. twenty through Forty w l s t v e . Forty-four throuph Fifty-onc inclusive. Seventy-two. Seventy-three. Sevent)-five and Seventy-six where the owner h u no other kunuc inlerrrt UL the operrtron of the faciLty or trtrblrrtunent.

fowicr use? m e a the following:

- f o u c means toxic or hazardous.

T o x ~ or hazardous substance me- m y chemical substance in a gumus. Liquid Of soli0 state which u identified on the toxic or hurrdouc SuktMCe lU1 Ltlrblished pusurnt to M.C.L. c. 211. s. 0 but which will not include MY cCc%IcL: suSstrice wher. i t IS (1 ) present in M article: (21 used u 8 slmctural component of a fac i l i ty . (3) ptcsent in a product used for routine iuntonrl Or facdit) p u n & mainienmce. 141 present in foods. dnags. a smet i c s at other pe=r.c! llemr wet by emp!cyees or other toxics users e t a fa:i\ity; (5) Phsen: ir. c pr0Cu:t usee lo: the pu.rpztse of maintaining motor vehtcies opcrattd b) a fac i id ! } , (6J ptesen! in p x c t s w a l e : or non-contact coolmg water U d r a m

310 CMA: DEPARTMWT OF ENVIRONMENTAL PRMECnON

! 50 IO: continued

from the environment or from municipal munx~, or p m ! in air d either as comprcrred ur or u part of combustion. (7) present in a pesticide or herbicide when used in agnculturrl applicrtions; or ( 8 ) pttrent m crude. lube or fuel oils or other petmiem, matenrL beme held for direct wholuale or retail d e .

TOXIC or hazardous subrturcc list means the list of toxic or hazardous subtarices u i a b h h e d purwrnt to X.C.L. C. 211.S.Q.

Toxiu mews toxic or hazardous suhtmces.

Toxics use fee m e w that fee in 301 CMR 40.00 established mder, md “sed punurnt 10. M.G.L. c. 211, S. 19. * Toxicr ure reductton means h-plmf Junlcr in production pmsrru or nu matenat that d u c e. rvoid. or rkmuute the LY of toxic or hrtardow l ub r tmcu or 8eneration of b u a r Q u byproducts per urit of product, y, as io reduce mirr to the health of uotkers, oonaaren. or the . m i m ” t . without thiftmg nskt between worken. COIywnen. or pans of the m v i m e n t . loxacr we reduction shrll be achieved throwh my of the lollowl\# twhmqusc:

(a) input rubtitution. which refers to nplaclng a toxlc or hrtrdous substance or raw matenrl wed in a pmduct~on mit with a o n - i o u c or l e u 10xic r U h s l u r C S . (b) Product refomulrtion. which referr to ruktituting for UI existing and-pmduct u) end product which is mn-toxic or less toxic upon me. release or disposal. (cj Production w i t r8duiF or modification. which n f e a to developing md usmp production units of a differant design than t b e Eurthntly med, (d) Production u l i t modemiratmn, wtuch d e n to up#rr&nn or replacing eustmg produclion u u t qquipmmt and metbodr with other oquipment and methods. based on the same production uu t ; (e) Improved operation ud maintonnuus of pduetion -it qqwpment and methods, which refen to modifying or rdcln8 to rrutmg quipment or methods inclubng, but not limited to. such techniques u improbed bwekeepmg pract icu, ryrtem adjrrrtmmts, product md process incpcctions. or pmduction urit contlol .quapment or methods. or (fj Recyckng, nure. or extended we of toxiu by urine qurpmenl or methods whch become M in teanl part of the productton wit of concern. including but not limited to filtration m d other closed Loop methods However, toxics we reduction shall not include or u1 my way be rnferred 10

promote or roquare incineration, t ruu fa r from me m d u m of release 0: drrcharge to other medr~. off-rite or out4-production mt w u t t ncycimp. or methods of and-of-pipe tnatment of toucs u waste.

Toxicr Use Reduction Institute qr Institute mew the foxics Ute Reduction h t r t u t e utablrrhed purrurni IO M . C . L . 1 . h 6.

foxics use mmrt m e w the repert that a toxicr mer is m u i n d to submit to lhe Department purrurnt to M.C.L. e. 211.8. 10 Md 310 CMR 50.30.

trade secret m e w my formula. plm. pettrm, pcocrr, production data. dence. d o m a t i o n . or compilation of inlamtion rhrch ir d UI toxtcr mer’s burinerr. and which gives mid tox iu mer UI 0pporIunrry to obtain UI advmtage over competitors who do not know or t8e it.

ynit of Dmdutt meuu a physical mewre that is 6 m t l y md PWOrtlondly mlaied i o the -e of a toxic substance used to produce the pmduct.

User semen! m e w a set of no fewer than five tox iu men who employ a runilrr production MIL u classified by the department plrrurnt to H.C.L. c. 211. s. 3.

(310 CMR 50.1 I - 50.19 Reserved)

4 ’2 6 ’E i

310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION

!

I

5c 20 - Rules fo: Detem.:r.in; 4mo:n' o f f a ~ i c Subsrance Maw f a c t w e t Processed or Olheru?sc Uteo

( I ) for ics users shall follow the rules set forth Ln 310 CMR 50.2C '31 purposes of determining the amount or quantltj of a toxic Nklrnce mdwfactured processed or othenvire used at a facility. ?hs includes, wtlhout Iimitation. the roiiowmg purposes:

(a) to determine whether the l o x i a Uer b a &-e qurntity l o x i a wet or a small quantity toxics user. or. (bl to dctennmc the mount of a covered toxic mmufactured. pmcrued. or othemire wed at f8CilJty.

(2) Whet. a facility mmufrcturer. Procures. o r orhewire u c s more than one member of a chemical cate8or). lrrted m 40 CFR Part 372.65(c), the toxics u e r b a l l add together each member of the chtmioal calcwry in order to deter" the total mount of the toxic Nk tMCC muluf8Clumd. processed. or othenvire wed a i the facility.

(3) A facility may pmcrsr or othemire use a t odc rubrtuKe in a rtcycle/tture operation. To determine the amount of such touc s u k t m c u . the toxiu user shall count the amount of the toxic nrbtrnce added to the m y c l t l n u s e operation dunng the calendar year. h particular. i f the facility @tarts up such UI operation during a calendar year. or in the event lhrr the contents of the whole rccyclt/reure operation are replaced in a calendar year, the toxiu user &all also count the amount of the toxic subtMce placed into the system at these times

(4) A toxlc substulce may be luted in 40 CfR Part 372.65 with the notation that only perrons who manufacture the tomc mkturce, or mutufac!ure i t b) a certain method. arc mqwutad to *port. In t h t cue, in determining the quantity of the toxic substance manufactured at the facility, the toxics user shill consider only the amount of the toxic substance u described UI 40 CFR Part 3?:.65.

(5) A toxic substance may be listed in 40 CFR Part 372.65 with the notatton t h r t i t IS in a specific form (e.&. fwne or dust. lolul,on, or fnabltl or of a specific color (e.& yellow or white). In that cue, h detsminrng the amount of tnc toxic suhrtmce manufactured, procured. or othemrrt used i t the faciIil>. the l o w u mer shdl conrider only lhe amount of "I touc rubrutcer that tr,e factlit) mmufrcturcr. processes. or othemise uu u) the fom or of the color specified in 40 CFR Part 372.65.

(61 Metal compound categories r n listed in 40 CFR Part 372.651~) f o r purposes of detennininp the rmmt of ;he metal compound category mmufrctured. procured. or othewire used at the facility. the torics user shall Consider the total amount of all memben of the metal compound categcr) manufactured. procured, or olhenvise tsed at the facility.

(7) With mspccr to toxic mbturcu present u a component of a mixture or trade nunc product. toxics uers shall o w l d e r the puurtrty of the toxic sublurce if the toxicr wer knows that the touc r u t s t w e IS prsrent as a Corr.wnent of the mixture or a trade name p d u c t . In decennuring the amounl or quantity of a t o u c mbrtuwe muuufrcturd; p m c d . or othenvire used I t a faclllty. the t o u u W r &dl no1 w i d e r the UIy Iu I t of the toxx m b t a n c e if

. ~t IS present in a mixture in WnCentratiOm aqua1 to or k l o r the de minimus concentration for that IOXIC substance set forth in 40 CFR Part 372.38lal

( I ) The toucs user knows that a t ouc w b t u r c t LI pnrcnt u a component of a mixture or trade name product

I . if the toucs user knows or hu been told the chemical identity or chemical Abstracts &mice Rr8istry Number of lhe rubrrurcc and the identit) or numbec cormponds to an identity or number u) 40 CFR P i t i 372.65. or 2. r f the toxics Mer knows or h u been told by the supplier o! the mixtum or t raoe name product. that the mixture or trade name prbdu i t C O f i t 8 i N 1 lorlc subt rnce rubltc! lo M.C.L. C. 211. S 312 O! cPCi\,+ 0: 40 CTR Pari 372.65. or kclionr, 101(14t O t 102 of CERCLA.

toric sub;ance which IS a c o ~ u p ~ e ~ * 0: a (b) 'lo dciemme whether

330 CMA DEPARTMENT OF ENVIRONMENTAL PROTECTION I

! 50.23 continued

4 ':E'$:

mixture or t n d e name product has been imported. p r o c m d . or othemLe urd in excess of M applicrble thrtrhold at the facibty. the toxiu wr &all consider only the portion of the mixture or f n d e nunc product that consists of the toxic tubturce urd that u imported. pmcraed, or otherwise used a t the facilir) L( foliowr: 7

1. If the toxics w r bows the rpccific dwmicrl idmtity of the toxic m k t w e and the specific concentnth 41 which i t i8 pram1 in the mixture or tnk w n e product, IJM toxics u e r rhll determine the weight of the toxic Nktwct impttbd. md, or othemiv d u prrt of the mixture or trade m e product at the facility urd shall combine that with the mifit Of the todc u h t u r c e mmufacturwd (mcludm8 imported) p r o c d . or O U " w d at the facility other thrn u pan of the mixture or tmde llllll~ pmdutt. 2. 11 the toxiu mer W*n the W f i c chanicai idmtity of'tht todc r u b t a m e ud dog mot I w w the rpwific a m c n t n t i o n Bt which rhc toxic rubrtmce ir p-1 in 1)H mixttl- clr trade aune product. bur has k e n told the upg.r b o d co"t#stioa In tJu mixture or tnde m e product. the tolics =er 8hrlI ULvne that thc toxic NbrtuKe is prsrcnt in the mixture or t n d e m e producl at the w r bourd 0011cmtntmn, md shall drtennine the quantity of the toxic ubrfmce InUIUfaClufed. pmcerred. or othemire s e d at tbe facility in rcardurce with 310 CUR 50.20(7)( b)l . 3. I f the toxic8 ue.r Lnawr the specific chemical Mmtity of the toxic subrrmce. does not know the specific concentration at which the toxic substance i s present in the mixture or trade name product. h u mi been told the uRpcr b o d cMcsntntion of the toxic ubrtrnce in the mixture or trade name pmduct. md hu not otherwise drvebpod information on the composition of the toxic subrtMce in the mixture or tmde nrmc product. then the toxiu mer need mt cocuider that toxic ruh tmce in that mixture or trade nune product In detemrinin8 the u " t of the '

toxic substance m m u f a c t u d , procsrurd. or othewiw wed at the facility. 4. If !he toxics user hrr been told thrt a mixtun or trade fume product contam a toxic mktmce, Lu not b m w the rpKific chemical identity of the toxic Nbrrmce and Lmom the specific goncrntnfion at whrch it r~ present in the mixtum or trade nrme product, the toxiu mer shall determine the weight of the toxic nrbrturce inrpond. procrred, or o thewse ued u prrt of the mixtum or tndc name product at the f8Clht)'. Since the toxic$ W r does wt h w the specific idmrity of the toxic rubstance. with respect to thrt toxic rubrtuue, the toxic$ wet &hall dctennme whether the faci1ity.b a l r g c quantity todu Mer or 8 small quurtJry loxia mer b e d on the weight of that tome NbrtMce present in the mixture or Inde lume product. 5. If the torics wet has k e n lold lhrt a mixtun or trade nunc pmduct contains 1 toxic mbtmce. b m not b m w the 8pecific chemical identity of the touc substance. md does not know the specific concentration at which the toxlcs rubtnrce i s present in the mixture or trade name product. but hu k e n told tbe upper band o~cmtration of the touc subsmce in the mixture or trade m e pmduct. the toxics &set &all assume that the todc drtrncr is p w t in the mixtum or t n d c iaune product at the w r bornd aocruntntia ud -11 detmnnme the

ucd 81 the facility in 310 CMR 80.20(7)(b)l. 6. If the toxicr mer h u been told thrr a m i r t w or tnde m e pmduct COntaIm I IOXIC rubrtmce. does not b low the specific chemical d e n c i t y of the toxic substance, ha not h o w &e rpnific Concentration at h c h the toxic mhtrnce is 9-1 h the mixture or tnde m e product. inchding information they have thewlvm developad. ud bu -1 k e n told the upper b m d concantntion of the toxic substrnce in the mixtun or trade name product. the toxiu mer nee< mt contider c w h toxic mbstmce for purports of deteminin8 quantitiu of toxic Nktmcu mmufactured. processed. or olherwiw wed at the facility.

(8) A facility may consist of mo- than one est8bhshrncnt. In dctenining the mount o! a ~ O X I C substance m m u f a c t u d . processed. or othemrte used 8 :

quwtify Of th toxic rubrtUS8 U l M U f 8 C t U n d m e 01

310 CMR - IOBE

310 CMR: DEPARTMENT OF EN\'IRt)NMfNfAL PROTEmON

! 5C.20 continuec

frcilit). the toxics user rhrll consider the amount of the toxic a r h t u r c e mulufactured, pmccued. or othenvlse used 81 each utrbltslunent withrr, the faclllt)..

(91 Ln determining the rmount of 8 toxic rubrulce mmufac tud . proctrreL O r othewue used m a iaborrtory rl r ficility. the loxic s e t need mt conrider the quurtity of such loxic rubtturccr if. plmrurt to 40 CFR Prrt 372.38(d), the towc r u h t m c e IS mmufrctufed. proccutd, or othemue mod UI I l r b n i o y AI a f rc i t ty mdcr the supervirion of 8 lcchnicrlly qurbfied individorl u defuted in 40 CFR Part 720.3(ee). T)w r rmptmn does (101 apply UI the following circumst antes'

( I ) Specirlty chemic81 production: (b) Mmufrc~un. protauing. or UH of toric rubrtrncsr in pilot plant r d e operrt io-. (c) Activities conducted outside the lrbrrtory.

;

(310 CMR 60.21 - 60.29: R W W d )

$0.30: foxics Use Remrts

310 CMR 50.30-50.39. cited collccrivcly u 310 CUR 50.30. rrtrblirher reporting requirements for toxics welt.

50.31: A ~ a ~ i c a b i l i r v

(1) For lrcil it ict that are classified by SIC codes twenty through thir- e inclus~vt. Irrpe quantity tomes men shall submit to the Deprrtment a . ,I we report rn rccordurce with 310 CMR 30.31(1) on or before July I , 1991.

(2) fo r frcilitics lhri ore classified by SIC coda ten through fourteen incluss,ve. forty, forty-four thruuah f i f t y s n e inclusive. rcventy-two. seventy-thnt, seventy-five md seventy-six. large quantity toxics me= shall submit IO the Deprrtmenl I loxics we report u) accordance w t h 310CMR 30.31(2) on or before July 1, 1992.

(31 Toxics useps need not submit reports for frcilitru that hrve l e s than ten fdl-time employees unless.

( 8 ) the facility i s within r priority user segment pumturt to M.C L c. 211. S. 14. U d cb) the Deprrtment m q u i m the toxio user lo & h i t a report for the faclbty tn rccordurce with M.C.L. c. 211,s. 10 md 14.

.

(41 Small qurntity toxicr =em need not submit reports for facilities unless. ( a ) the frcilit) IS within r priority mer segment punurnt to M.G.L. c. 211. s. 14. md Ib) the Deprrtment rtquires the toxics user to submit r nport for the facility UI rccotdurce with M.C.L. c. 211, a. 10 and 14.

$0 32. Rewrring Rcpuirements

(2) For frcillties that c~rrtut of more than one wtrbkrhment. and that mmufacture. pmceu. or olhewise me a covered touc. the t0rIc.s u c r mry submit 8 reprrrtc report for ereh atrbluhment or for crch group of r r t rblrsh"tr , provided that mfomrtion u o c i r t c d wth the murufrctunng. procuing or other we of thrr covered toric rl all the atrblrrhmentr withrn the fa t i l i t ) i s reported in rccordurce n t h 310 CMR 50.00. including. without Iimirrlior 310 CMR 50.20 md 310 CMR 50.30 If each cstrblshmenr or group of u:a31LL?mer,u files stparale reports ther. fo: all other cobered 10x1~s at that f a c i l i t ) the) m u i rLso suDmit separate nports

I 's;

(3! With respec! to r:tivities a t r facility involving a covemd toxic. -her. more (rib7 on€ t h r U n o l c amow: applies IO the act ivi t i t~ . the repsrt &?all include

310 CUR: DEPARTUEKT OF W l R O N M P n A L P R Q T ~ o N I

! 50 32 continued

mfotmation associated rnth .U activities knrolvtng that covermd touc at the f ac l l r ) Such mfotmatron 3UU be reported in accordance with 310 CMR 30 so. mciudmp without Iimitatioa. 310 CMR 50.20 and 310 CMR 50.30.

(4) With nspec! to mcta! compounds that a n covered toriu. the touts user need only urclude m the report infomatton w t a t e d with the parent metal. ud need mt rnclude m the n p r t infomation umciatod with otber aomponents of the metal compound m the me ld OOmpDIILd catepy.

(S) A ranior mwtagement ofbdd Of tbe frcility Certify Ibe accuracy m d oompletencrr of the report by signin) a M r t l f r c r t h s t a t ema t thrt ucurately rdentifrer the report. FakifrC8tIOn of information tn the =port, includ!n# the certifrcataon statement, rh.u be a violation Of 310 CMR ~ . W for whrch tbe Department may take UI Urforcmmt action.

(6) A toriu we report dull include information b u d on the quantity of each covered toxrc mmufactund. pmcwwd. or o t h & Iyb at the frcibty dum the calendar year preceddmg the drte a~ which the tcrics we nmrt u due.

(7) In calculating. meuunng. or estimating quantities of a toric or haxadous cuktance to be reported p u " n t 10 310 CUR 50.30, touc UYK &all report w1 th the maxrmum accuracy that JS feasible and pncttcrble. t o u o wen &all report quantities with accuracy to two rignif1curt dqitr.

(81 If 8 roxics user drrcovem. after submitting a report. that there is a #mu emr m my or 31 of the infomrtmn .ontuned in the nport . b e toxIcI user ahall, in wrrtmg, so notify the [kpanmmt within 14 drys of the date of diuovery. f h e tuxiu user hall & h i t oomctionr to the rsport within 30 days of wch notificatmn. Nothurg in 110 CMR 60.32(8) shall preclude the Department from takmg my other rppropnate wtion, UKLUbrg. without Lmitrtron. an enfoxement action.

(0) The Department may rquire the toxiu m e r to u n d or mppIement MY report rubmittec pnor to the current raportang year if the touu mer changer any of the follomnp.

(8) the b u e year; (b) the umt of product u e d to calculate either &e byproduct rsduction index or the emmiom reductmn index; (c) an utimatmp method used to determine information in the toxicr use report i f u m g the new method would ugnrficrntly dtrr rrrfomrlion m a pnviourly submitted -port. Nothing m 316 CUR 50.32(9) shall pmlude the Department from taking UI)

other approprrate rctron. meludmg. witbout Lmtatton, UI mforrment action.

(10) Each toxics we report shall contain the infomatron u t forth in 310 CUR 50 33. urd shall be submitted on fomu pmscnbed by the Department set forth In 310 CMR 50.34. Ln compktmg the nportrng fomrr. the toxiu mer shall comply with the Daprrtmmt's 'LMtNctron for Toucr Use Rlports'.

(11) t c h toxrcr we report shall conrkt of the followin# comp1rt.d forms: (a) 1 Fom R; ud @I 1 FonnS.

10 be rrported on the Fom 5. IOXIC w m need mt nport mfomrl ion ".iated with the followurg mtittrr.

(12) (a) Wrth m c t to the mfomr t ion rquirtd pr"! 10 310 CUR w.33f3)

1. PdOl P h I S 2. pilot production -its 3. start-up production mits for time period quat to the shorter of either (1) the trme penod from the date of uutrd opention -til rsquired operational efficiency u achrevd. or (it) two yarn from the date of vlrtirl operation

cb) H l t k respect to d l other infomatron required pu-t to 310 CUR 50.33 to be rrported on the Fonn S. toxic$ men &all i n c l d e infomrlion urocraied with the entities . e t lorih ISI 310 CMR SO.32(12)(a)l., 2 . M C 3

310 CUR - IO93

310 CMR DEPARTMENT OF ENVIRONMENTAL PROTECTION

5c ? ? !

Co-,teic o! Report

Each towcs we report shall contain the followrlng urfonnation.

(1) the inlomatior. rquirec' to be submitted mder regularions pmmul8rted purs~ant to setboc 3:3 of EPCRA.

(2) the quantities of the toxic c. hazardous substance at the facilit) which are mulufactund. proclued. otherwue add. #encrated u bypr0dw:t pnor to my hmclmp. transfer, treatment o r n l e u e ; urd shipped u o r m pcoducu from the facility, a d .

(3) for each production mil at the f8CibtY in which the toxic or hazardow r u t u : i x c IS manufactured proceued or otherwise wed. each tox iu use report shall a b lnclude the lollowma rnfonnalmn:

(a) the anformation necessary to identify the t o r i a wr, the facility, the production unit and th t toxic or hatardam subrtmce: (b) UI mdication of whether the toxic or hatardour subrtmce w u wed in the pmduttaon wut m unomtt (i) @male? t h m iem pudr ud less than or q u a l io b e t h o u " pornrdi: (ii) #mater than 5.000 povlds bur LIP than or equal to 10.000 pounds 3 r (iu) 8rerter than ten thotsmd pounds

year ior anrcr, ?ne IOUCS user was 0, ryuirt * - * . . . regarding the toxic or hazardow substance p u n d n t t o lhir chapter or section 313 EPCRA or (11) the f i m year for which the tox ia user h u full information n e c e s i r y to document the rnfonat ion r8qurred to be reported pursuant to 310 CMR 50.34(3). (d) a byproduct reductbon index which &all be a number that LL the resuti of the followur8 quation: 100 times ((A Leu B) bvided by A], where A represents the quantity of toroes aeneratcd as byproduct per wit of product pmduced in the nportmg h e yt r r . and B r s p m 8 n t r the quwtity of toms #encrated as byproduct per wit of product produced n the current mportinp yea:. (e) UI emissions reduction index which shall be a n m k r that IS the result of the following qua l ion: 100 hundred times !(A less B) divided b, A], where A represents ihr quantity of emissions rl tnbutable to the production u n i l per mi1 of product produced in the reporting base year. urd B represents the quantit) of emfaions attributable to the production mit per unit of product produced ui the n p r r m g base year, urd 8 n p w e n t s the qurnri!) of emissions attributible to Ihe production mil per Urit of product proouced in the current reporting year. ( f t A mrtnr form on whch the toxiu user indicates the method, b) which the mcreue v) t h t byproduct reduction mdex was achieved for each production operation d u m $ the reporting year. On the bnrontal axis of the mslrir shall be Listed the toxics use reduction techniques of: input s~bf t i tu t ion . producl refonnulation. production unit r t d C S i g n , production wit moCemiZaiion. improved operation urd maintenance of production units. mC recycling or reue wntch LS integral to the production wit. The horirontal axis shall aim list the mrnrpement technique of wing bypmduct u product. and shall contain (i column i r k l l e d 'miscdlMeOtbS'. the vertical axis Of the mrtna &al! be listed matenah hurdlrng urd rtora8eV ProCUrUr8 operatiom. MC finished W i m p .

(a) a c h r n g e in a unit of pmduct wed io calculate either the byproduct reduction mdex or the emiuions mduction utde&, cb: (i chmgt in 6 reporting b u r year, or (c) a chmgr in u t imr t ing method used to d e t e m m e infonnrtion in the tOxicI we report if &sing the new method would S i ~ i f i C M t l y alter in fonnat~on in a previourl) rubmitctd report.

c . . I -

(41 k c h report &all a b inbcrta MY of the follow in^ changes

2':EfC;

I

L. -- \ I -*ut

Faciltty-Wide Lisbhg d Pmdu@an Units

310 CMR - I092

1

1-1 -1-1-1 l-l-l-l-l I 'I -1-I-J 1-l-l-l-I

310 CMR. DEPARTMENT OF ENVIRONMENTAL PROfEmOs

! 3t 3 3 . continued

Report of WRA ustrrd C b k d - FORM S (Continued)

4 'LE ' c _ ;

3601 - Y W 3 O L C : 6 / 9 i r b

b I8 a

u

a

n 1s

L I a

(L le

U 12

?IO CMR: DEPARTMENT OF WVIRONMENTAL PROTECTION I

SC !5 Deflcien' tortcs V s e Rewrts

(1) The Department may w i e w r+FQrtS and my or all rnfomation or documentation mppr t ing the mfomrt ion rtported.

( t i I f the Department determines that a deficiency in a *port was unintentional. then the Department shall allow the t o u u user 90 days fmm the date of wntten notice of the (Ieficiency Io corr+cl the deficient) Frilurt IO correct the deficiency nlhm 90 drys the drte of the written notict of the '

deficient). shall be a violation of 310 CMR 50.00 for which the Department may t rke m enforcement action.

(3) A deficiency in 8 mort that the Department &tennines to be m mtentional deficiency &a11 be 8 ViOhtlOn of 310 CUR W.00 for which the Dep8ttmMt may take UI enforcement aclmn.

$0 36 RecordkeeDinn Reauinmentr

(1) t h e toxiu m e r hall wtabtirh d maintain a~ the facility &urnentation which IS necesay to rubtmtiate d1 hfonnr t ion m h u t t e d in each report, including but not limit& Io, the followin8: - -- - .--

i.

(bJ mc&ent~ t ion Npporturg the LUXILI LL;. . - . . a .... -..- quantity ol the toxic substance "Jf8Ctuted. plucsrred. or othemlse usec at the facility. IC. 'in determining the quantity of the toxic rubstance r r " f 8 c t u n d . procemed or othenwue ued at the facility, the toxics user does not consider any or all of a toxic s u k t u l c c pmmr 10 310 CMR 50.20. the . tox iu user 3rrll maintun docwnur t r lun oeccsury to supp the exclusion; (cl documentation supporting the toxio w r ' s delemination c the quantity of the covered toxic t e n e n l e d u bypmducl. pnor to my handling. treatment. transfer. or rrlerrc, by the fwility; (d) documentrtion iuppmting tbe toxiu wcr's determination of the qumtity of the covered toxic shipped fmm the frcility u or in pmduct; (e ) documentation supporting the loxics user'& deteminrtion of the amom! of the covered toxic mmuIactured. processed. or otherwise used in cat. pmouctior: unit at the facility; (:I documentation supporting the toxics user's detennination of the qumiity of the covered IOXIC generated u byproduct by each proouction ur41t ; (gl documentation supporting the toxics user's d t t en tna t ion of the byproduct reduction mder 'or each production unit mciuded in the report. including. without limitation. the following: . 1. the rctual crlculatron;

2. the amount of the toxic tencrated u bypmduct b, the production WLII in both the reporting year md the base year. m d the number of u n i t s o l product produccd by the production wit in both the reporting year md ,

the base year; 3 . documentation that describes m d defines t'he mil of pmouct;

/hl documentation supporting the toxics u e r s de te rmin r t io~ of the emirtion reduction index, including. without &mitation. the following.

I . the actual crlculatron. and. 2. the unwunt of the toxic emitted by the production mit in both the n p r l m g year md the base year. md ' the number of v l i t r of product produced by the pmduction u l i t in both the npr r rng year md the base year: 3. documentation that descrikr and defines the mil of product:

It) for each production unit included in the npo:l, documentation s u ~ w ~ : t l n p and explaining the toxic( user's duign8tiOn of the pmduction uwt. ( 1 ) for each production unit urctuded in the report the follomng documen1 a t ion:

1. documentation supportin2 the totics mr's determination that imp!ementation of 8 specific toxiu we reduction technique. m m a p m u r t recr.mqut. or combinatior. of techniques nsulred in an increase ftve points or more in the byproduct reauction mdek lo: a specific proouc:ion op.rc:1or*: 2 . u: caplamtion ulc! description of each toxics use rrdurtior. t e c h q u c . ma,-,apernen: tectrnrque 0: combination of techniques wed 10 achieve a f i v e or mare point i r c r e u e m the bfiroduct red~lcttor~ If"*,

.

4 : 5 ' ; : 310 Ct4E - 105'

!

I

I

50.36: continued

including r description of how the toxics u e d u c t i o n technique, murrgemenc technique. or combination of Iedwqucc was w e d on the pmducilon operrtion.

(2) I f I IOXJCS user c l r . 3 ~ thrt the facility hrs less than 10 full-time employees and u exempt from the reprtmg nqummmtr of 310 CMR 60.30 purwmt to 910 CMR W.31(3& the toxiu \.Lr 3ull maintun docunatrtion at Ihe facility supporturg such clam.

(3) if r toxiu mer doer not LKlude in the toxiu UL report infomrtion W i r t d n t h a pilot PlMt. Palot pmdueth mil. or a 8taII-u~ p d u c t m V I I ~ ~ I J ~ S U M ~ to 310 CMR 50.32(12)(8)1., 2.. or 3.. the toriu t s e r &all mrmtrin dosumentrrion necessary to ~ l ~ ~ o r l the dewmiartion tbat rh pibt plant. ilot production mil, or rtrrt-up production mit i s errcludd pummt to s o ZMR ~.32(12)(a)1., 2. or 3.. Tbe t o x b met lhrll rlrp mrkrtrin docrmentrtron cucury to explain my dirnpracy betwean the total quantity of (be aovered toxic mmufrc tud . p r o ~ r w d . or otherwise w d h ch f-ty u nponed in the rrp011 ud the ai#ngr Ie quantity of t h o a e r d Ioxic muntfrctund. pmcsrted. or othrnvlfe wed by dl production m t s for rr)ucb hfomrt ion LI utcluded in the report attributable to the pilot plant, pilot production unit, or rtrrt-up production mit for which infonnrtmn is lot mclded m the report.

(4) The toxiu user shall maintain at the facility a copy of each toxrcr we report. and supporting documantrtron. rubmittod for the mporrint base year for u long as the facility operates. The t o u u w r &all muntam at the frcility r copy of erch toxlcr use repoft, and Npportiq docunmtrtmn. rubmitred for yern other Lhul the repOrtIJt8 b u e yew, for a period of a t but three yern after the drte that the report w u due.

(5) All records urd documentation .rtablished or mun t r ind pumrnt to 310 CMR 50.36I5) shall be readily avrilrble for p u ~ o w of inspection and topym~ by the Deprnment.

R EC t' LATOR Y AUTHOR f 1 Y

310 CMR 50.00: M.G.L. c. 211. a. 3 Md 10.

412€ '91 310 CMR - lose !

310 CUR: DEPAKIMGIW, _ _ !

ACCESS TO AND CONflDENflAUfY OF DEPARTMENT RECORDS A N D F I L S

310 CMA 3.00.

Section

1.11: 3.22: 3.23: 3.24: 3.25:

3.01. Purpose. Authont) md Applrtrbillty 3 02 Severability 3.03. Effective Date 1.04. Computrtron of Time 3.0s: Dcfuutionr

(3.06 Olroulh 3.09. Ruemedl 3.10 Avr~lrbitity Of Public Racorb lo The Ccnenl Public 3.11: Plocessmg R q w r u For Duclorure Of Public R e c o n k 3.12: Prraumptton Of Avrilabihty 3.13: Detemrmatrm To Be Mrde By The Commrrrioner of Director 3.14: Effect Of Rqusrtr For Confidmtlrlity 3.15. kstponmg Denirl Of ConfidentiJlty PIlrdinl A p P d 3.16: kparability Of RSO&

(3.17 th!W#h %I@. Rwnd) 3.20 Pmtecting The Confidentiality of T n d c Sscrrtc

When Trade Secrets May Be Disclosed By The Department

3.26: 3.27:

(3.28: 3.29: 3.30: 3.31: 3.32: 3.33: 3.34: 3.33.

Trade Secrets Subiect To Conftdentiabty Criteria For Detcnnmbrg A Tndc Socnt Rquts t s For Pmtectmg The Confidantirlity Of Trade Sacrets Procedure For Actuq On Reqqusru For Pmlectmg The Confidentiality of Trade Secrets Rcconsidtnng Canfidtntirli ty Deleminations Notice h Department Order, And Forms Reserved) t r m i tior. Pmvisions Coveming Trrdc Secrets Spcci~l Pmvuiohc for frrdc kcmt Cbim P u m ~ t to M.C.L. c. 211 Purpose. Aulhonty, md ApplicrbUity De f yll tions General Pmvirions for Making T n d e Secret Clrim Procedures for Detcminrtion of Tnde Secret Procedures to be Followed Dunng Pendency of Trade Sectet Cllim Penalties 3.36:

(310 CMR 3.37 through 3.39: Reserved)

3.01: Pumst . Authority u l d A~dicrbi l i ty

7'hese qulrtionr a n pIwT"pted by the Deprrtmcn! pummt to the ruthonty #ranted by M.C.L. c.21A. s. 2(28). M.C.L. c.21. I. 27(12), M C 1. c. 2lC. s I ; M.C.L. c. 21E. e. 3(c); M.C.L. c. 211, LT. 3 urd 20. md M.C 1. c. 111. u. 142B md I42D. These rtrJrtionr are intended to thrl public access to urd. to the extant mathorired or mud by low. the mfrdmlduty of ncofds and film obtained or mrde by the D e p a r t m ~ r r n UI Eonfomty with M . G L c 21, s 27(7J. M C L c ?IC. I 12, M.C.L. c, 2 l E . s 12, M.C L c 66. s 10. M C.L. c 111. u. 1428 and ¶42D, M.C.L. c. 2:1. and rll other rpplicrble ~ t r 1 u t u and nplrtionr.

It is hereby declrrrd that the provLioru of t h a e ngulrtionr. 310 CUR 3.00. rn severable, ud if my pmvisiocr hemof or the rppl~crlion thcmof 10 m y PCMP or c immstmce is held invalid. rueh imrlidity dufl mt affect other Pto\ l S ! O N hcrcof or rppircr t iof~ thereof which C U I be given effect WthOut the U I ~ rhd pmvuion or applicrtion.

9.03. Effective Date

110 CMR 3.00 rhdl trkc effect on publication by the Sccrelry of the Commonwealth u) the Masachusetlr < Register.

! 3 04 contmued

refemd to in 310 CMR 3.00 or UI any determlnrtion issued pummt to 310 CUR 3 00 shall begin with the f i r s t dry following the act which initiates the m r n g of !he time period. and shall include W e n c r h d r r dry, mcludin) the last da) of the time penod so computed. I f the i u t d r y L( 8 Srtudr). Sundr). legal holidr). or M) other dry in which the offices of the Dcprrtmenl are ClOreC. the deadline shall fun untttrlhe end Of the next business dry. If the time penod p r s r c n t d or referred to u i r r than men hfi. anly b y s when the offices of the Deprrlment arc open shall k inclubed in the aomprtatm.

3 05 Definitions

& used thmughout 310 CUR S.W. the followin# lemu 3 u l l h v e the

r or Acting Commissioner of the m e w the Commrruonc

followurp meuurqs. unless the Context clearly inbutrc othcmse: . .

m e w the Musachuat ts hpr r tm8Pt Of F n v i ~ e n t a l Qurlity

irector means the Director or Deputy Director of the Department's Divisron o + Hater Pollution Control.

Pemn means my agency or political NWivision of the Federal pvcmment or t h c m m o n w e r l t h . or MY state. public or pnvate corporation or ruthont), M) indrvidurl. t w t , finn. pmt stock compmy, prrtnerrhip, urotirtuon. or other entity, and my officer. employee or agency of wid p m n . and my #roup of u r d pemm

Public record m e u u my record made gr m e i v d by my officer or employee of m) agency, executive office. department, board. commurion. bureau. divrrion or authoncy of the Co"onwe8lth. or of m y authonty establirhed b) the General Court to serve a public ptrmse. and which ir a public mod punuant io M.C.L. c. 4, s 7, cl. 26. u may be amended from time to time.

- Record means 8 book. paper. map. phato#rrph, recorded tape. finmeid rtr temrnt. strtsticrl trbulrtion. or my other documentaw matenrl or data. regardless of physical fonn or CharJCIbfSliCS.

Trade secret means anything tmgiblr which constitutes. mprrrents. evidences or rrcordr a cecret mantifuc, tochnical. mcrchudrnng, pmduction. mmufrctunng. or m m a p m m t hfonnrtron. drrip, process. procedure. f01~nul8. " w o n . method or improvement. Without lrmitrnl the #eneralily of the fongomg. t h r definition dull Include M y t h # which u a trrde WCret purmmt to M.C.L. c. 266. s. Wr), u may be undd fmm tune to time. This defifulron shall not mclude:

(1) rnythrng which is 'perron01 data' pumurt to M.C.L c. 66A, s. 1. as may be amended from time to time. (3) anything whrch IS 'criminal offender mcord infonation' purrwt lo M.C.L c. 6.8. 167, &s mry be rmmdod fmm time lo tame. (1) mythin# which ir 'evaluative infomrtm' purcuult to M.C.L e. 6, 6. 167. u may be amended from time to time. (0 mythmg wtuch is 'htelligantt hformrtbn' p I A v n t to M.C.L e. 6. L 16:. u mry be ammdad fmm tune to time.

(3.06 throuah 3.09: Resewed)

>.IO: Availrbjlit~ of Publrc Records to the Cenenl Public

AU recordr mrde or meived by m y officer or employee of the Deprrtment rhrll be public records urd shall be avrilrble for duclorun to the #cneral public on request pursuant l o 310 CUR 3.10 through 3.19. except the followmg

(11 a]! recod5 Specrrtca!.) erclajed fmm the definition of 'public recod' pUmJm! 10 M . G . 1 . C. 4, S. 7. cl. 26.

4 1 2 6 4 1 310 CMR - 42

310 CMR:

!

3.10: continued

(2) all trade M.G.L. c. 21.

DEPARTMENT OF EhVIRONMWAL PROTEC~DN

secrets the & h m of which would ry)t be in oomplrmce with s. 27(7), M.C.L. C. 21C. S. 12: M.C.L. C. 211. 1. 20, M.C.L. c. 21E.

s 12; M.C.1 c. 111. u. 1428 and 142D. M.C.L. C. 211, S. 20, or 310 CUR 3.20 through 3.39.

(3) dl records wtuch are 'cni,rinrl oflrnder mcord infomation'. 'evaluative infomation', or 'mteulgence rafonnrtion' pununt to M.C.L c. 6, s. 167, LT may be mended from tune lo time, the drcclonrre of whxh would not be in tomplrmce w t h M.C.L. c. 6.8s. 167 through 1% as may be u n d e d from time to time.

,

(4) all recordr which are 'personal drtr' pmumt to M.C.L. c. WAS 8. 1, u may be mended fmm time to tune. chc bclorure of whch would not be m ampt rnce with M.C.L c. 66A. U my be mended from lime to time.

(5) all records smcificrlly or by mcrorry implicrrion exempted from duelorun by MY otber statute.

3.11: Pmcsrrinn Reauerts for Dirclonrn af Public Rtcordr

In compliurce with M.C.L. e. 66, 8. 10. the Department dull. at muonable t imu md without mreuonrbh delay, pennit my perron. m e r the rupemrrion of Department p e m e l . to hpec t ud emmine MY public mod which is in the cwtod, of the Department and not described in 310 CUR 3.10(1) through (51, md the Department shall fumrrh one copy of such record on n q u u r 8: - on payment of a reamnable fee. Every pemn for whom a watch of public m:. As is made 3rd pay the actual axpenSt of ruth ma&. Unlrrc more t - . u reasonably required to properly determine whether the record, in questior, ate subject to disclosure u public =!ds or exempt from duclorurt. the Department rhll comply with a w n t t m rrpwrt to inrpCct 01 copy a public rtcord within ten days after the Department actually mceivu the request Whenever (I cost or fee IS established or detennmed by the Commiuione: of Administrrtron. said cost or fee shall be pud to the Department.

3.12: PresumDtior. o! Avrilrbi!itl

Whenever there is a doubt. question or drrpute a b u t whether particular records are subiect lo distlorure u public records or exempt from disclosure. there rhlll be a presumption that the records m question a n public records This pruumption may be overcome upon a specific rhowrng by the p c m n requwtmg confidentiality that the ncorb m question are trade secxtts, or are othewise exempt from drsclomre.

3 13 Dettrmmatiors to be Made by the Commissioner or Dirtctot

Uhenevcr there is 1 doubt, question or dispute about whether my particular record i s subtcct to disclorum u a public mcofd or eaempt from disclosure. and whenever MY p e m n nqumts thai any particular record be deemed a trade 8tCWr or othennre be deemed confidential ud exempt from duclosurt. the Department shall be deemed to have m l v e d such Qubt, qumtion or dupute. and such r t q u u t rhal! be psnted or denied, only in accordance wrlh a wntten determination a p e d by:

.

(1) the Commiuioner in the c u e of a ncord made by or rubmitted to the Department pursuant i o my Marchrrcetts statute other than M C L. c. 21. 0 26 through 53; o r

(2) the Director, in the cue of 4 record made by or submitted to the Department purruult to M,C.L c. 21, a. 26 throuah 53.

3 1 4 , Effec! or Reouuts lo r ConlidcntirlIr~

\:'henever w y pcmn requests in writing that particular records be deemed t rade secrets 0: olhewise be deemed confidential urd ehemp: fmrr disrizsute. 9~:: pe-c?a s3d! be treated as con!lden:ia! and shall not be deer,rC public rero* u?ti1 the Department has approbed or denied the request pursu41 10 310 CMR 3.01

31C CMR - 4 3

I

3 1s b t p o m n g Denial of Confidentirlity Pending Auwrl

Whenever the Department d u u u r request lo deem records Onnfidmtirl and not public records, such demal Shall take effect only ten drys after the date t hemf so that MY person aggrieved by s a d demal mry appeal to Mother State agency with lundiction over the subiect matter thereof. or to r court During thu tendry penod. the n c o d s in qULstiOn shall be treated u confidential md shall not be deemed public records. T h s ten-dry pnod mry be extended b) the Department in extraordrnry uturlionr. k r y extarion dull be in rn t rna ud signed purmmt to 310 CUR 3.13. 310 CUR 3.1s 3ul l llo~ apply to trade met elurns mrde punvnt Io U.C.L c. 211 md 310 CUR 3.30 3 . S .

3.16. hDr t8b i l i ty 01 R W r b . Whenever prts of records an trade seckts or otherwise exempt from

dueburr. tbe Department dad1 make wew nuoarble effort to u p m c e the p ~ r U that are e&empt f-m duclOSUtt frOm the P W t S that are plblic moa Y)

rcUt the parts h c h an pubbc ncorb CUI be bcbud rnthout pnludicrng the d l d e n t r r l t y of the p m r whkh exempt f m n &I”.

(3.17 through 3.19: Reserved)

3.20: Protectins the ConfidentiJitv of t rade k t c t s

Anythin8 which the Department detemines to be a :-de secret ahall not be dremrd to ba a pubtic mod and shall be exempt from diKlorum to the Benerd public on request. Such detenninrtions shall be rubiect.lo 310 CMR 3.12. 3.13. and 3.20 throqh 3.39.

3.21: When trade Secrets May be Disclosed bv the Dccwtment

Notwithstanding my provirion of 310 CMR 3.20 or 3.90 to the contrary, r trade secret shall rlwrys be subject to divlanvc by the Dapmmmt

( I ) to the extent necessary to comply with the Federal Solid W u t t D u p ~ a l Act. as revised by the Resource Conrentrtlon md Recovery Act. u ma) be amended fmm time to time.

(2) to the extent nccssary lo comply w t h M.C.L. e. 21. s. 27(7) an2 the Federal Clean H’rtcr Act. u mended. 33 U.S.C. Section 1251

(3) to the extent necessary to comp!y with M.C.L. e. ZlE. s 12 and the Comprehensive Environmental Response, b m p m u t m , and kabibty Act of 1980. 42 U.S.C. Sections Q601 fi m. . (4) to the extent necessary to comply with M.C.L. c. 111.8s. l42B and 142D.

(5) to the extent nccczrrr). for any enforcement action, whether cnminrl or civil. judicial or abniwirative.

m.

9 9 1 fidentialj t

A trrde u c n t may be treated u confidential md llot u a public mod only if i t w u submitted 10 the Deprrtment

(1) k a m e such rubmittd w u -red to la) comply w t h a 8Irtute. nmlrtion. or order. o r (bl to obtain (I Imnse. pemit. or other required approval. or (e) obtrm r 8ovemment contract. frnurcirl ud. or o1her benefit, or

(2) for me in developin8 pvemmentd p l i cy ud clpm a pmmuc of confidentiality and no( for any of the ma” 8t1 forlh in 310 CMR 3.22111. No p*omirc of confiden!trlii) shall be deemed to have k t n mrde by the Department purruurt to M.C.L. c. 4. s. 7. el. 26(gl or 310 CMR 3.22(21 unl- mrde tn wntvlg ~d signed by the Commissioner purrurnt to 310 CMR 3.13(1) or b, tht Dmctor P U B J M ~ Io 310 CMR 3.13[2).

112619 1 310 CMR - 4 4

310 CMR. DEPARTMENT Of ENVIKONMEMAL PROTECTION

3.23 Cntcria for Determinrnn a Trade Secret

I

ln determining whether 8 record i s 8 trrde mcrct, the Department shall app!) the following criteria:

(1) The extent to which the trrde secret is h w n by pemns other t h m the person submitimg the record in question.

(2) The extent to which the trade secret is brown by employees of the penon submitting the ncord in question, urd o t h e n mvoived in that p e M n ' r bum=.

(3) 7he extent to which me88urCI art trken br the penon Nbmitting the record in q w t r o n to guard the wcmy of the tnde sumt.

(4) f h e value of the trade u c m t lo lhe p c m n rubmitimg the rrcord in question urd to th r t perron's compctitom.

(I) rZIe unomt ot effort in drvebpina the trrde Iwrct.

(6) Ihe o u e or difficdty with which the h f o m r t i o n a u l d k properly 8cquited or dup!:crted by ?*hen.

:-* - No record shall be deemed 8 trade wnt unles 8 p e w n requests the

Department in writing to trke such rction. t h e tequest &hill be mrde and ruhclrnitrted 8s follows:

(1) Each record containing infonnrtion which i s the subject of 8 confidentialit) mquut shall be clrrrl) marked 'CONF1DENflAL'. To a m s t the Department in complyrng w t h 310 CUR 3.16. perrons rhrll separately submit confidenlirl portions of otherwise n m ~ 0 n f i d ~ n t i 8 l racords. If submitted aeparrtcl,, the record whrch IS the subject of 8 confbdmtirlity csquest 3 u I l k clearly marked 'CONFIDENTIAL'.

(2) The request lor confidcntirlity &hall be supported with the following mfomrtion. which &all be treated as 8 public ncofd.

[a' The time penod for which confidentid treatment is desired (b) The reason the record was provadtd to the Dcprrtment. and the date of rubm i 11 81. (c) Everythulg the perron hu done to meet the critenr in 310 CMR 3 C3 (d) The extent lo which the penon m q w t u r g thrt the record be kept conftdentirl h u disclosed the contents of thr t m o d to other perrons (el A list of all other federal, Sta te and iocrl r#encrsr to which the rime record or contents thereof h u been submitted. which of them have been requested to keep thrt record conftdcntrrl. the s t a t u of the requests. m d 8 cop) of the ruponsu by r u d rtencisr or the courts to the fbquuts. I f ) How mahng the record 8 public record would hrrm the p c M n requesting conftdenrrrlity and why rwh ham rhould be deemed rubstmtrrl. (pt If rhe recod was submitted voluntrnly urd no1 in tomplrrnce wth a regulation or order of the Deprrtmem or a court. whether and if m why m h g the mod 8 public nard would t e d I o luren the Bvrihbihty to the Department of umrlrr mmrb in W future.

.(3) Any t O x h mer that & rsquimd. purnvnt to M.C.L. C. 211 or 310 CMR 50.00. 10 Nbmit to the Department 8 npor t , plm "nmrry or other document. who bebevu thrt duclotm~ mfomr t lon in th r t document will reveal 1 trade secret. mry submit to the Department. in mtirq. 8 trade -ret claim m rcconlrnce wlth M.C.L. c. 211 d 310 CUR 3.30.

310 CMR: DEPARTMEKT O f ENVIRONMENTAL PROTECTWN

! 3.25. contmued

(a) the penon who made the requrrt to inrpCct or mpy the rscod that 1. the record in question is the subject of r pending confidentiality request. md therefon not a public mod. 2. the r q u u t to inspect or copy IS initirlly denied. and 3. a final decision will made when the Department determines whether the record m question is entitled to confidentiality as 8 trade I K r e t .

fbl the Dcwn who m w s t e d thr1 the nc~d be kept cPnfidrntir1 of the .-I - - n p u u t tiwpCct or copy the wid.

(2) The Department &all detemine rrbrther t k rrcord would be volmtrrily submitted wthin the mer!ing of 310 CMff 3.22(2J urd whether the mad. if made pubbc. d d bvul#r 8 trade YczIt. t h e Department &all l i v e mtice of its btcnnmrtion(s) to the penon who m t d oonfrdmtiality mdrll pmnr wbo requested to uupect or cop) the mod.

(3) If the Department detrnninrr thrt a roc& .*DUM, if made public, dinJ8e r trade secret. the mod in q u s r t m d u U k hemod aoafidmtirl ud dull not be deemed 8 public record !or such l e q t h of time, ud rubtact to arch t e m . conditions md limitations. u the Departmen1 may include ut the detennmation. The Department shall m notify the perron who mbmiltd the mod to the Department md all perron, making a request to uupec: or copy the mod in question.

(4) AI1 not)ces #iven purturnr to this section shall be UI wntmg. shall be delivered either by hand or by certified mail. mtum receipt requested. md shall include: I

(a) the rc~bbns for the determination. (b) notice that the detemrnrtion cwutitutcs J final ddcuion of the Deprrtmcnt . (c) n o t m that the deteninr t lon may be subject to r8vim by one or more other Strte agencies or by the courts. (d) if the detennination is that the mcod in question. if made public, would not bvulge a t n d e secret. notice that, p l r " t to 310 CUR 3.15.

1. the record in questton shall became a public rrcod ten days after the date of the Department *s datemination unless. m t b that time, mother State rgency w t h pmsdrction over the rubiecl matter thereof. or a court. orders othenwue. md 2. this ten-dry period may be extended only in cx tnordmry situations. m d that such extemions m u t be in wntma urd ugned b, the Commlrtioncr pumrnt to 310 C U R 3.13(1) or by tbe Dinctor purtuult to 310 CMR 3.13(2).

(5) With respect to trade rtcret claims mrde pumunr to M.C.L. c 211 md 310 CMR 3.30, the procaduru Lct forth in 310 CUR 3.30 shall rpply.

9.26. Reconsidennn Confident is l i t v Detenninations

If the Department deteminar that nmly dkovemd infonation or churpd cinumrtancu mrke i t appropriate lor the Dcprrtmmt to monrider .nd Possibly modify J prior grant of mnfidmtirl ty. the beprrtment &all LD notify the person who submitted the ncod to the Department. The (Ptice ahall #we the penon a nuonable penod of time to nrktmtir te . purrurnl lo 310 CUR 3.24. keeping lhe recod in qumtion Oonfibmtirl. Ihr u " t of time orifvrrlly Wablirhed the notice may be rauonably extended by the Department. After this time has passed. or after the Department hu m" a wntlen nrporue from the pemn requesting confidentmlity. whichever O C C U ~ frnt. the Department shall make r new detenninrlion whether the mod h qur t ron &all k deemed either confidentid or r public mod. 310 CUR 3.26 rhll not wply IO trade secret claims made p u m t to M.C.L c. 211 ud 310 CUR 3.30 thmugh 3.39.

3.2' Kcrice I? Dciartmcnt Orders md Forms

f Y ) Evey order ~d c v e y l a m issued by the Department p u m r tc M C 1. c. 2 l C or 316 CMk 30.ooi). &all mclude the knguage set out In 310 CMR

412E 'E; 310 CMR - 46

! 3 .2 - continued

3.2712). No order or form shd be deemed invalid kcawe it do= mi include sard language This Impurge need not be included m a manifest ftllet out punuu t to 310 CUR 30.000 or 314 C M R 8.07(2)(el

(21 The I m ~ ~ a g e referred to in 310 CMR 3 . 2 f ( l ) &all be substmlial!> as follows

YOU may request the Department to keep confidential part or all of my &cumentam mat tn r1 or data r u b m i t l d to the Dtprrtment i f wch material or data, il made public. would drvulte I trade wcrtt. If no such mquest accomprniu the material or datr at the time they &rt submitted IO the Depttrmen:, the) shall bc public recod8 urd dull be avrilablt for mrpection m d copyin8 by the public without further notice to you. hfonnat )on covered by such a request rh8ll be d i r c l d by t h t Deportment to the extent authorized by rpplicablr StatUt88 urd 310 CMR 3.00. You are advised to read 310 CMR 3.00 ca ra fd ly Ware makin8 Nch a raqusri because only certam mrtenrl or data may p m r l y be the W W ; \ of such a rmquest.

(3.28: Reserved)

3.29 f rwit ion Provisions Covemine Trrdc Sccrels

(1) Any record received by the Department purrwnt to M.C.L. c. 21C on or before December 31. 1982 shall, after that date. be deemed a public record u r d not confidential. without further notice lo my perron. unless:

(a) on or before December 31, 1882 the Commurioner has made a1 wnt ten delemuratran thrl a mod specifically identrfied 1 ’ - ne determination shall be deemed confidential m d not a public m o d . 0: (bl on or before December 31. 1982 the Department has received a written rqutr t to keep confidential ncords rpecifrcrlly dentifred m the request. m d the request i, still pending on thr l date.

(21 Other than records received punumt to JIOCMR 3.29I11 an? record received b) the Department on or before December 31, 1983 3,d! r f l e : th2’ date. be deemed a public record urd not confidcnlial. without further notice It an) pcrror.. unless.

(a ) on or before December 31, 1083, 8 formal wntten detenni* ,,atiof has been made, either by the Commissioner pursuant to 310 CUR 3.13111 or b) the Director pumuurt to 310 C M R 3.13(2), that a record specificall! identified UL the determination hal l be deemed confidetitial md not a pclblic record. or (b) on or before December 31. 1983 the Department h u received a wntten rquest to heep confidential ncordr apecificrlly rdentified in the request. ma the request is still pendin@ on that date.

2 2 1

310 C M R 3.30 - 1.39. c i t t d collectively u 310 CMR 3.30. 4re promulgated purruant to the aulhonty granted IO the Department by M.C.L e. 211. 86.3 urd 20. The purpose of 310 CUR 3.30 i s to e” tbat public 8ccm to. md the confidentiality of. documents m b m i t t d 10 the Department pumrnt to M C.L. C. ? l I or 310 CMR 50.00, are in conformity with M.C.L. c. 211 urd 310 CMR 50.0;. M d 811 olher applicable St8tUIU md P@atlOM.

3.3?. Delinit io-

As used in 310 CUR 3.30. the lollowing l e m shrll have the followmg meuwgs. unlezs the conteat clearly ind ica tu othemsc:

cqmmisslonet me&% the commisioner of the department of environmental q - t : . ~ ! er. j ineenzi 0: his dejipnee.

310 CMR: DEPARTMEKT OF ENVIRONMEKTAL PROTECTION

! 3.32: continued

Toxic or hrtrrdora Nbsturee meuu MY toxic Or hrrrrdous a r b r t u v e u defmtd m M.C.L. c. 211 and 310 CMR 50.10.

- foucs means toxjo u defined m M.C.L. c. 211 urd 310 CMR 50.10.

Toricr user meam MY toxicc wr 8s defined in M.C.L. c. 211 md 310 CMR )o. 10.

d e w m t means m y fomulr. p h , prttem. pmduction drta. dsnce. + in omrtion. or oomplirtion of mfonnrtion which it wed in a toriu wer's b ~ r r , and which giver s&id toxics UIIr UI opporturity to obtrin u) d v r a t y e over c4mpetiton who do not &ow or w it.

i

(1) A tordm w r mJrin# a tmde wcret claim shall mhit two oopim of the reqrured documents to the department, one with the information for which a t ~ d e secrel claim i s k i n 8 made which concrab that infomatron. d one m an envelope marked 'Confidential' containin8 the mfomrtion for which a trade secret c lam is k i n g made. which the department. during the pendency of the trade secret clum. shall Leap in the ucumd s t o m p a n 8 u rrfemcd UI 310 CMR 3.35. Any toxiu mer concrab# the Qecific chenucrl identity of an) toxic or barardorrc mbctmce &all. in the place on the " n f i d e n t i d copy where the chemical identity rrould normrlly be hJud.d. include the aenenc elus or category of the toxic or hazardow ruktuuc.

(2) No loxia w e t requid to subsnit infomution d e r M.C.L c. 211 or 310 CMR 50.00 may claim that the infomation i s n t i t l d to pmt r t ion u a trade secret d e r 310 CMR 3.30 urlm such toxiu user 3rou each of the tollom#:

(a) such toxiu user h u not duelord the information to anyone else. other than 8 member of a bcd emergency plrnnrng committee u defmed b, EPCRA, an officer or employee of the United States or a state or Locd government. sn employee of mch toxiu wer, or myone who u bowid b) a aonfidcntiality agmemen~, and ruth tomu w r b u taken nrconable " m r e s to protect the mfidentrrbty of such rnfomation md mtends to continue to take such mewms; md (b) The infomation is not mured to be d i d m d . or othrnnre made available to the public d e r any other federal or 8Iatc law; (c) D~SC~OSUN of the infomatJon i s likely to came suhtantial harm to the competitive psit ion of such tom- ulr , m d (d) The commiuioner deleminu that the information cons1itutcc a trade sectet bued on the critena sect forth in 310 CMR 3.23.

(3) A toxicr wer makina a trade secret claim ahall. topther with the nonconfidential mpy of the Qcwnmt M t t d puraunt to $10 CUR 3.330). rubnit a written mucrt for confidmtiality. md a writtsn eXp1M8tion of the WLLIWU that the inform8tion claimed u a trade ~ c m t is a t n d e 8ecnt . The expluution shdl contun the followurg infonat im:

(a) the mfonnrtion u t forth m 310 C U R 3.24(2). d. (b) information that drmoMtrrtw ercb of tbe factors aet l o a h 310 CMR

(0 hfonnrtion certilied by an appmprirte official of the United Statrr u neccrunly kept mcntr for national defuse purpolrr M be accorded the full protecrmn against dsclosure u rpccifrd by ash offrcrrL accordurct with the l a w of the Umtd Slates.

(5) Iht pmvuions of 310 CMR 3.30 shall not apply to the disclosure of

3-W2)(a)(b) ud (c).

UTLLUiON d8U.

3.34. Pmccduru for Oefcminalion of Trade Secret

(1) An). ruident of the commonwealth may submit to the commivioncr a wnt fen pelition for the &dosure of my mfomatron w h c h u claimd u

4 126 19 1 310 CMR - 48

(8) If rhe commiuioner determines, pummt to 310 CUR 3.34(3), thrt the explanrtion p m : s ~ ~ u f f r c i e n t ~ r t m s to arpport r Imdmg that . the lnfonr t ion concerled u a trade recfet. the comm;~tioner &all . by Certified mail. notify the t n d e secnt claimant that he shall have 30 dryt !mn. t he drte of such mtrfrcrtior, u, which to t q u e s : &r, LGJUOlCstOC)' hcrnns. 0:. Upor 1

4r25f9! 310 CMR - 48 1

t n d e secret purruult to M.C.L. c. 211 urd 310 CMR 3.30. The petition &all specify the mfomrrron sought to be ddosed. ?he Department rhaU notif) the t nde secret clamant of the petillon.

(2) lf the commtsioner has reason to k i i e ~ e that the mformrtion chimed JS i wade secret ma) 1101 be I trade =ccret. the Commwioner mal , in the absence of r petitmn purrurnt to 310 CMR 3.34(1). mitirte I detrrmuution to be crrned out in rccordurce with 310 CUR 3.34* The Dewrtmeat rhll rrotify the tnde meret clummt thrt the commuuoner hu rrutirtd r detemwution u to whether the ylfomrtion claimed IS r trade HCnt b 8 t n d e secret.

(3) Within 60 days after the date of receipt of r petition d e r 310 CMR 3.34(1). or upoa the uritmtnr of the COmmmiOnet punuurt to 310 CUR 3.34(2). the tOmmiruoner 3uu review tbe bfomatmn u k n i t t d by the tmde wcret clumrnt puraunt to 310 CMR 3.33(3) ud determine whether the explenrtwn prrults wrtiolu which. if tme. .LI rufficimt IO ruppott r fr0bn8 that the hfomrtron clurned u r tndc u c m t is trade a n t .

(4) I f the commissioner determines, PumUnt to 310 CUR 3.34[3), thrt the explanation pnrents wertionr which. If t ~ . are mfficient to support r furdmp that the mfomrtion claimed 8s r trade 88crel i s 8 trrde secret. the commisioner A r k by certified mail, notify the trade secret clrimrnt that he hu 30 d r y s from the date of rwh notification to supplement the explu.acion with dctriled information to mpport a fmding that the mfonnrtm clumed 8s 8 trade secret IS a trrde secret.

(5) If the commkrioner dr tennhrr , after receipt of any supplemental supporting detailed information submitted pumunt to 310 CMR 3.34(4), that the information claimad u I trade secret ir r ttrde seem. the commrrsroner shall. by certified mail, RO notify the trade secret cb immt Md the pctitioner. i f m y . The petitioner. if my. mry, wrrtun 30 drys of the date of rud, notification. seck judicial review of the drlrnnmrtion in rccordmo with M.C.L. c. SOA, s. 14. "he commrrsioner &all after fmd rdjubcrtion Lmmdirtaly nrum to the trrde u c n t claimant all ruppltmcntd supportrng detailed infomatron submit tee concemng the vdidity of the trade wcmt clum.

(6) All rvpplemental supporting detailed information submitted purruult to 310 CMR 3.3414) shall be kept UI the secure storage arc1 srtablshed and mrintrined rn accordance mth 310 CMR 3.00 while the claim i s pending The petitioner. i f my. shall mt be permitted to have & c c ~ u . except u approved by the court. In rntenng MY order rpprovw r c c ~ y by the petitioner, the court rhdl consider the need for the entry of M rppmprirle protective d e r rutnetma the use or further disclosure of the confidential mformrtion.

.

(71 If the commrrrioner detenninu. r f ter mceipt of my Npplementil cupprting detuled infomatron submitted punurnt to 310 CMR 3,344). that the infoni t ion claimed u a trade secret u not a trade Wcnt. the mmmsioner shall. by certified mail. YI notify the trade secret c lummt. I h e t n d e wcmt claimant may, wthm thirty drys of the date of &ch notificrtron rclpwst m rdrudrcrtory hernnp on the commlrtioner'r detcmmatmn in rccordmce n t h M.C.L. e. SOA M d 310 CMR 1.00. A tunrly nqurrl for M rdiubcatory hmnn8 PuCrurnt to 310 CMR ¶.34(7) dull . c t u m automatic 8try of the commissioner's detetmmrtion pendin8 completion of the rdjubcrtory heanng. A trade secret c tummt r88ncvcd by the deprrtmenl'r f h l d " n rrpon rrid rdiudrcrtoy heannp may. nthin 30 drys of the date of the frnrl deccinon. seek iudtcirl review punuult to U.C.L. c. tOA. 6. 14. D U M ~ judicial roceedinp rf

wurt in tonttdennp a motion for 6 trmporay rcrtrwunp order or pnl iminry htunction to -pin m l c w of auch infomation rh& prrwme that nlsrw w d d c a w irreparable h a m lo the trade #cmt claimant.

M y . the infomrtton clumed u r trade wedl &all mmwr con B identral. Any

! 3.34: contmued

&owing of good C I W C to "d the Onfind erplrnrtion by pmviding mpplementrl ue r t ions to support the trade L e C m Glum. k used in 310 CMR 3.34[8), 'good c r u e to rmend' h a l l mt include I Cl&h thrt the erplmrtion Conirm mformrtion which constitutes r trrdc secret purruml to 310 CMR 3.00 t hmgh 320 CMR 3.39. v

(0) if the commisiionet does not m e m e or modify his d e t e ~ t i o n d e r 310 CMR 3.34(3) af ter UI rdjudicrtory herring or UI rumination of my rupplementd amnions allowed d e r S10 CMR S.34W. tbe r Wl. by certified mril, to notify the t n d e mcnt claimant and the t n d e meret claimant shdl have thrrty dry fmm the date of the decision or b t e of mtiflcrtion in which to fi le for Wicirl -vim of the detenninrtion in rccorduue with M.C.L. C. SOA. 6.14. A t n d g ucnt clrimurt W r i e v d by the -0ner.s find deccirion may within thirty dry of UW date of (br &cisim uek jubcirl review p u " t to M.C.L c. M A , R 14. The infomution claimd u r trrdc wcnt, d m y aupph"trl rupoprtb8 h f o n n r t m u b m i t t d p u n u n t to 310 C M R S.34(3), rbrll t ~ ~ ~ i l a op~rfid.ntid &- jvhcirl proceedings. if any. Any court h oorrridering s motion for r t unpa r ry rrrtrrinin8 order or pralinlluy injmction to mpin mluw of nwh infomation & d l presume thrt nlerre would c a w impanble bnn to tbe ;&e -ret clumrnt . (10) If the commiuioner reverses or modifiirr his d e t e n n i n r t h d e r 310 CUR 3.343) rftcr UI appeal or UI examination of M y Supplemental mert iors -der 310 CMR 3.34(8J, the pmcedures set forth m 310 CUR 3.34(5) through (71.

'

3.3s: P~oceduru to be Followed Dubs Pendency of T n d e s.Crrt Cb im

(1) With respect to concealed infomation for which r t n d e secret clum has been made but not finally d a d , the Drprnmmt may.

(a) use such information. rggn8rted with otber ifonnrtlar in r w h r " n e t as to mrintrin the confidentiality of the hfonnrtmn clumed u r trrdc uc re t . to carry out rsrponsibilitim d e r M.C.L c. 211 or 310 CMR 50.00 The deprttment mry include ruth r8gngrted mfonnrtion in the publicly ivrilrble drtrbrse toquid by M.C.L. c. 211; (b) disclose such informatron when the department is muired to do so i o comply with f d e r r l Irw or ngulrtron. and I) bnl as the department givu notice of the mqrurement to the t o d u u c r pnor to amplying.

(2) The department & d l rrtrblish urd maintain (I single storage @rea for tonfikntirl mrtenrls and infomatron d r m t t d puravnt to U.C.1 e. 211 or 310 CMR 50 00. Mrterirlr urd hfonnrtion for which t n d e aecnt clrim hrbe been made and related rupportuq mrtends. and mfonnrtm for which such clrimr hrve been finally rdpAicrted in frvor of the clrimmt. &rll be kept in the secure storage i t e r and may only be m v d in accordance wth the pmvmons of 310 CMR 3.30. Mrterirls and infomatron for which r u t h clrimr hrve been fmdly rdrudicrtd rgrrnrt the claimant mry be pennrnently removed from the secure storage r n r .

(31 A chief document control offtcer dmiprtd by the -r shrll be rwmntible for controlling O C C ~ to the -re storage r n r and i ts aDntents. t h e commusioner may desipate IP mom thn five depmmmt gl-1 at my one time as docwnent contml offrcen rr)p m y hove .ttl to tbe ycun stotr#e a n a . Personnel and ruthorired r p t s of the department r)p npvrn infomatron contlrncd within the m u r e rtoragc amr for the effective perfonmce of thew d u t m may. upon nqwrc to a dotmatt control officer. examine documents contrinrn8 ruch mformrtion wit& I Y C U ~ a m adtomng the secure storage rnr . Immediately upon completm of ruch e"mrtI0cL. or at the close of lhe b i n u s day, whichever ir first. mch perronn,I rhrll m u m the documents IO r &ament control officer for immodirte m u m to the wcun storrge 6-8. A herring officer. rdministratlve law Iudgc. or department cowsel m UI rdjudrcrtoy hmMg in which such &"mu or mfonnrtmn are a1 w e or other dewrtment penonnet r u t b n r e d m r n t v l g by the commiuroner to do m. may remove such documents from the secure storale m a whcc necessary for prrpantion md conduct of such rd ld i c r toy herring O r

4 f 2 6 4 ; 310 CUR - 48.2

I

3.35: continued

effective pe r fomace of their duties. provided that the hernng officer. rdministrative law judge, c o w e l . or other p m m t l &all at all t imu Htun control of such documents md d o m a t i o n through direct phy~~crl obewrtion or dcpsir IC a lockcl mom. file. of other secured arm [mmedmlel) upo-. completion of the hernng or other m u i n d use. the documents rhali be returned to a document control officer for rmmeddlrte retum to the -cum rtorrae area.

(4) No copies of such docmentr or infomation may be mrdt except by a &cwnent control officer. b p m S rhdl br cocrrid8rsd quvdmt lo on8inal do:umentr for purposes of this section. Any notes concemm) such information mrdc b) department perronnel shall k treated as confidential p l n m a t to 310 CMR 3.30.

(5) Department pemMe! Or autbrird a8-U rho violrtc'the prmmdures m u r e d b) 310 CMR 3.15 shall be rubirct to duclplmrry action.

;

336: Penrltig

(1) Anyone who is mt ~ u ; h o r i r t d Io hrve acces8 lo or rho is 001 authorized to

c. 111 310 CMR 51' 00. nr 310 CMK 3.3k OUI whc divulges or discloses to anyone else such mfonnrtion u. a "uuler not ruthonred t, M C.L. c. 211. 310 CMR 50.00. or f 1 0 CMR 3.30. 8hdl be m violation of M.C.L.C. 211 and 310,CMR 80.00. and 8hrll be subject to the penalties ertrblished in M.C.L. c. 211, s. 21(B).

d .. , Y,. "...*"..L ---

(2) If the commissioner determines. punumt 10 310 CMR 3.34. the informs 31) claimed as a trade secert is not 8 trade secm, md that the trade secret . &im IS or w u fnvolow, then the trade secret clumant shall be sublect to r civil penalty not to exceed twenty-five thousand dollars per trade secret claim. The CommLslioner ma) assess the penalty in accadurce with M.C.I. e. f l A , 8. 16 or may rsquut the attorney 8cnerrl Io bring an action in MY court of competcn: judisdictron in the commonwerlth 10 LICCII and collect the penalty.

(310 CMR 3.31 through 3.30 Reserved)

RECUL4fORI' A t ' f H O R l f Y

310 CMR 3.00: M.C.L. c. 21. 0. 27(12); M.C.L. c. 21A. 8. 2(28); M.C.L. c. 2 I C , u . 4. 6 and 12; M.C.L. c. 2 l h . s. 3C; M.C.L. c. 111, s. 1428 and 14PD.

4 '2B 'E:

I

TURA QUESTIONS AND ANSWERS

The following questions were asked by prospective TUR4 filers at our seminars, The Art and Science of TURA reporting, held in April, 1991.

OVERALL TURA POLICY

Is every company required to reduce the use of listed chemicals or to reduce byproducts 50% by 1997? For some companies this is impossible.

No. This is a statewide goal. Some companies have already reduced toxic chemical use prior to the passage of this act. Ochers may not be able to achieve that drastic a reduction in either toxic use or byproduct generation. If we are not meeting the statewide goal, DEP may identify "priority user segments" and set performance standards for facilities engaging in these operations. However, companies already meeting these performance- standards would not be expected to reduce more.

Will companies that have already implemented toxic use reduction be expected to reduce by another 50%? 4

.

No, see the above answer.

Is the goal to reduce USE or TOXIC WASTES generated? The Act has many goals, one of which is to reduce the generation of wastes through toxic use reduction. Another goal is to promote reductions in the production and use of toxic and hazardous substances within the Commonwealth. Progress toward the goal will be measured in large part by reductions in the amount of toxic byproduct generated.

How will progress toward the 50% reduction goal be measured? DEP will use many factors to evaluate progress toward the statewide goal. These will include evaluating changes in the total amounts of chemicals used and byproducts generated statewide, the byproduct reduction indices which correct for economic activity, information submitted in the Toxic Use Reduction Plan Summaries, and other research conducted by DEP, OTA, and TURI.

What is the starting year for the statewide goal of reducing toxic emissions by 50% through toxic use reduction by 1997?

According to the law the starting year is 1987.

FEES

Does a company need to report or pay 8 fee under TURA if it reduces chemical use so that it falls below the chemical use thresholds set by EPCRA?

KO. Once a company reduces ils use of any chemical regulated under TURA, it no longer needs to report or pay a fee, for the calendar year in which the report is due. (If for example they exceeded the thresholds in 1990, but fell

i below the thresholds in 1991, they would have to file their report and fee on 1990 chemical use on July 1, 1991. No report or fee on 1991 chemical usage would be due on July 1, 1992.) However, firms may have reduced their use of

their use of CERCLA chemicals. 'In this case they would owe no reports to EPA, but would still need to file Form R's and Form S's and fees on their

Will fees be collected for chemicals which require a Form R for DEP but not for EPA?

t EPCRA chemicals so that they fall below the thresholds but NOT reduced I

t E CERCLA chemicals with DEP. t

Yes.

M%y aren't the fees based upon the quantity of each chemical used? Fees have to reflect the cost of the service provided to each company that must pay the fee. The drafters of the legislation believed that developing a sliding scale based on the number of employees, and the number of'different chemicals used, better reflected the costs of implementing the regulations at each facility.

It certainly would have created an economic incentive to reduce the use of the taxed substances.

Wouldn't a chemical sales tax have accomplished TURA objectives more efliciently?

Given the state of the economy and credit crunch are there any plans to make low interest loans available for plant modernization?

At this point there are no special TURA related programs. However, The Office of Technical Assistance may be able to help you identify from low cost alterations. Also, facilities that employ less than 100 employees (or 100 full- time equivalents) may, in instances of severe financial hardship, apply the Secretary of Environmental Affairs for a waiver pursuant to Section 19(G) of the Toxic Use Reduction Act.

OTHER TURA ISSUES

How is the CERCLA list divided into thirds for inclusion on the TURA list of report able chemicals?

The Administrative Council, a body comprised of all of the agencies with responsibilities under TURA, and chaired by the Secretary of the Executive Office of Environmental Affairs, must decide how to divide the CERCLA chemicals. DEP has proposed, and expects the Council to concur, that the chemicals be added by CAS number. If that happens, the lowest third would be added for reporting year 1991 (reports due 1992), the middle third for reporting year 1992 (reports due 1993) and the final third would be added for reporting year 1993 (reports due 1994.)

2

Does each company need a certified toxic use reduction planner, and if so, how does one obtain one?

Each company needs to have their toxic use reduction plan (first due in 1994 and biennially thereafter) certified by a certified planner. This individual can either be someone employed by thc faciliq, or a consultant hired expressly'for the purpose.

REPORTING LOGISTICS

- If a firm has several divisions located at the same site are they required to file

No, for the purposes of determining whether the facility exceeds reporting thresholds, they are one facility under both the TURA definition and the EPCRA definition. However, if each division is an "establishment" as defined in TURA (and in EPCRA), the facility may file separate reports for each division. See the regulations at 310 CMR 50.20(8) and 50.32(2).

separate reports for each division? .

-

Will the forms be reproducible? Yes, you may reproduce the TURA reporting forms.

Should the Form R be changed if the firm needs to submit it only to DEP and not to EPA?

No, the Form R does not need to be changed in any way to be submitted to DEP. However, please do NOT send these Form R s to EPA.

Must the production unit numbers found on the cover sheet stay the same from year to year.

Yes, unless the definition of the production unit changes, so that one is broken into two or more, or two or more are combined in whole or in part into one.

Where on the Annual Compliance Bill can my Facility ID be found? It is the "Account Number".

CONFIDENTIALITY

Are the reduction indices confidential or available to the public? The reduction indices, and every other piece of data submitted on the forms are available to the public unless the firm requests trade secret status for that piece of information. Information must meet certain requirements which are specified in the regulations, before it can be considered to be a trade secret. The indices are dimensionless numbers that compare byproduct and emissions/ unit of product, from the reporting year to the base year. Neither the quantity of product produced, nor the byproduct or emissions generated per unit of product, shows up anywhere on the form.

3

What happens if the methods used to reduce, or the reductions themselves are proprietary information that the filer does not want known?

Facilities may file for trade secret treatment if they meet the criteria outlined in the law and the regulations. The information reported on the techniques used to achieve these .reductions is very general -- facilities are only required to state which of the seven broad techniques resulted in at least a 5 point improvement in the BRI. Facilities do not have to reveal any engineering or design information in the reports.

WHO HAS TO REPORT

Under EPCRA, fSrms whose sales in a manufacturing SIC code are less than 50% of the total sales for the facility do not have to report. Is this also true under TURA?

No. Firms who do any business under the manufacturing SIC codes (SIC codes 20 - 39) are required to report under TURA.

Are there situations when a firm does not need to fife a Form R with EPA but must file a Form R with DEP under TURA?

Yes. Once a facility has crossed an EPCRA threshold (manufacture or process a chemical in amounts equal to or greater than 25,000 lbs/yr or otherwise use a chemical in amounts equal to or greater than 10,000 lbs/yr) for any one listed chemical, they are required to file a Form R and a Form S with DEP for ALL listed chemicals manufactured, processed, or otherwise used in amounts equal to or greater than 10,000 lbs/yr.

Once firms have tripped an EPCRA threshold for a listed chemical, must they report on ALL chemicals used on site in amounts equal to or greater than 10,000 Ibs/year?

No. Companies need only report on those chemicals regulated under TURA. For reporting year 1990, this consists of the EPCRA list. In later years the CERCLA chemicals will be added to this list.

If the firm exceeds the threshold for a particular chemical facility wide, but does not exceed it for a particular production unit, must the Form S for that chemical contain information on the production units in which the threshold is not exceeded?

Yes. The threshold applies to facility wide usage of the chemical. Once the threshold is tripped, the firm must report on its use in every production unit in which the chemical is used.

II\TERPRETATIOIV OF THE REPORTING REQUIREMENTS

Can firms have a "trial periods" for reporting - for example use the period of June through December 1991 as the first trial period for the evaluation of options, and then have the base year be 1992?

No, all firms must file by July 1, 1991 and those reports must cover calendar year 1990. However, firms may change their definitions of "production units" and/or "units of product" in future years, if they learn thar other definitions better characterize their operations.

4

I

Can a single chemical be used in more than one production unit? Yes, it may be reported in more than one production unit.

What type of calculations are expected/required to obtain the reporting information? As is the case with EPCRA, no new monitoring is required to obtain the information required under TURA. Firms must use the best information they have available, but are not required to install new monitoring devices. Best engineering judgment, the use of emission factors, etc. is acceptable. Firms must maintain on site the information and calculations used to derive the information submitted on the forms.

What technique should be used for measuring solvent retention in a product, in tape for instance?

DEP is not specifying any particular technique for measuring solvent retention in a product, or for byproducts, or emissions. Firms should use the best data they have available, and best engineering judgement. The procedures used to calculate emissions for the Form R's, should be applicable to the necessary calculations in the Form S's.

.

How is the machining of high chrome steel reported under TURA? For the purposes of determining thresholds, and calculating the amount generated as emissions, high chrome steel is handled identical to the way it is handled under EPCRA, (If the scrap is shipped offsite for additional treatment prior to reuse by the facility or by another facility, it is counted as an emission under TURA.) Byproducts will equal the volume of non-product outputs generated prior to treatment.

How do I report toxic chemicals shipped as or in product, in batteries for example? " Report every listed chemical that is still present in its original chemical form.

For batteries, one would report on the pounds of acid, cadmium, lead and nickel contained in each battery times the number of batteries shipped out. For solvent based paints, the one would report on the pounds of solvent per gallon of paint times the number of gallons. For a painted object, however, from which all of the carrier solvent has volatilized, none of the solvent would be reported as shipped out in product, but the amount that was volatilized would be reported under "byproducts and emissions generated". Similarly if a listed substance is reacted with another substance io create a third chemical, none of the substance that was reacted with a second chemical would be considered shipped out in product. Nor would it be considered a byproduct or an emission.

How should material trapped on a filter used for air pollution control be reported? The byproducts equal the total amount of waste generated before further treatment. So they would equal the amount of the chemical entering the waste treatment system plus any fugitive emissions that are not directed to the bag house. The emissions are the amount of the waste released to the

5

environment or shipped offsite after treatment. In this case the amount of emissions generated would equal the amount of byproduct generated. Emissions are only less than byproducts when some destructive treatment is employed so that the amount of listed chemical in the waste stream is either reduced, or eliminated. In this case the byproduct is simply converted from an air emission to solid waste.

How are chemicals consumed in the production process (Le. converted into another substance) accounted for on the forms?

They show up in the quantity manufactured, processed or otherwise used facility wide and in the production unit. If the chemicals are completely consumed, they would not show up as byproduct or emissions or the amount as or in product. However, be sure to consider chemicals in wastestream, spills, fugitive emissions such as evaporation from open tanks, leaks from valves or pipes, etc. when determining byproducts and emissions. If the substance was converted into more than 10,OOO lbs./year of ANOTHER LISTED chemical, that newly manufactured substance would also have to be reported on a facility wide and production unit level.

Does the definition of "process" include waste treatment? Must chemicals used in waste treatment be reported on? counted as part of the threshold?

The definition of "process'' includes waste treatment. Listed chemicals used in waste treatment must be counted in determining thresholds and require reporting as explained on pg. 12 of the reporting instructions.

Facilities do NOT file on the basis of the amount of the chemical released as waste. They file on the basis of the amount of chemical that is manufactured, processed, or otherwise used at the facility. Facilities that must report provide information in the report about byproducts (non-product outputs of a production unit PRIOR TO treatment) and about emissions (outputs following treatment ).

,

Does a facility report on a waste before or aner treatment?

UNIT OF PRODUCT

Can firms change their definition of the 'unit of product" or 'production units" h m year to year?

Yes. If they do so, however, they must notijl the Department on the form where indicated. In addition they need to recalculate the ERl's and BRI's for the base year, based on the new definitions.

Must the unit of product be the same for all production units? No, since different production units produce different products, the "unit of product" could well vary among production units.

6

How do you define a unit of product and production unit if the chemicals are used t for clean up or housecleaning?

The following is an example of how you might define production unit and unit of product for chemicals used for clean-up or housekeeping. (As the "Guidelines for Classifying Production Units" explain, there is no one correct way to define production unit or unit of product. You should read the Guidelines for a more detailed explanation on questions you might consider in defining production units.) For housekeeping and clean-up, you could think of as either the production line being cleaned up, OR the act of cleaning itself, as the production unit. In the former case the unit of product would be some measure of the products produced by the production line, and the chemical use would be apportioned over those products. In the latter case the unit of product could be a measure of the fact that the plant is kept clean. For example, you could think of the unit of product as "one clean plant".

BYPRODUCTS VS. EMISSIONS

Must a byproduct be reported as a byproduct if it is sold to another companv or is used as a raw material at the facility where it w a s generated?

No, as long as the substance is used WITHOUT FURTHER TREA" ENT. If additional treatment is required before the material can be used in-house or by the purchaser, then it must be reported as a byproduct.

Are non hazardous wastes which contain deminimis quantities of TURA chemicals considered byproduct s?

Yes, deminimis quantities of listed chemicals in any waste stream are counted as byproducts if they are present before treatment. The amount of the listed chemical reported as byproduct reported would equal that proportion of the total weight contributed by the quantity of the listed chemical.

If a chemical (such as a solvent) is purchased from a recycler, and aner use sent back to that recycler for purification and resale is it still a byproduct and an emission?

Yes, the spent solvent is both a byproduct, and, if it is shipped off site for purification, an emission. If the solvent is purified on site at a non integral treatment facility the spent solvent is a byproduct prior to recycling and the still bottoms remaining after treatment are emissions if they are sent off-site. If the spent solvent is recycled using a still that is integral to the production unir (ie, the solvent is piped to and from the recovery unit so that no handling of the waste or purified material is required) the spent solvent is neither a byproduct nor an emission: The still bottoms would be both a byproduct and an emission however.

Are scrap metal chips sold to a recycler a product, or a byproduct and emission? If the recycler must treat the chfps prior to their use by another company they are considered byproducts and emissions. If they are used without additional treatment they are products.

7

If the company has three separate facilities in an area, are spent solvents sent from two of the facilities to the third still considered emissions?

Yes, as long as the facilities are distinct for reporting purposes. The solvents sent offsite from a facility are considered both byproducts and emissions. The spent solvents generated and recovered at the third site are inputs to a production unit, and only the still bottoms would be considered emissions if they are sent off-site for further management. The purified solvents sent back to the two facilities would be considered products from the third facility.

BYPRODUCTS REDUCTION INDEX AND EMISSIONS REDUCTION INDEX

What is the importance of the Byproduct Reduction Index, and how will it be used? Since the BRI is based on the change in the total amount of waste generated per unit of product PRIOR TO TREATMENT it is a good indicator of toxic use reduction. Since emissions are the wastes remaining after treatment, reductions in emissions per unit of product could be due 'either to treatment or toxic use reduction. The BRI will be one indicator used to evaluate progress of reducing toxic wastes via toxic use reduction by 50%.

I

Are there any benefits to showing reductions in the Byproduct Reduction Index or the Emission Reduction Index?

Some firms stated that they expect that the ability to show improvements in their BRI and ERI (showing reductions in the amount of byproducts and emissions generated per unit of product produced) will be very good for public relations. Community members respond positively when users of toxic chemicals show that they are working to reduce their use and emission of hazardous substances. Ultimately, if a firm reduces their use of listed substances to below the threshold, they no longer need to report, or pay the fee on that substance.

Can a facility use a year prior to 1987 as a base year? No. The earliest base year that a facility can use for a particular chemical is the first year in which the company was required to file a Form R with EPA. These were first due in 1987 for most chemicals.

How can companies who have already achieved toxic use reduction be able to show progress in their BRI?

Companies which achieved toxic use reduction during or after 1987 may reflect that toxic use reduction in the BRI if they use 1987 or any year after 1987 but before 1990 as the base year in the BRI.

Will there be any penalties for a negative BRI? No.

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I How are the indices affected if a company trips the threshold for the chemical one year, but reduces use so much that the threshold is not tripped the next year?

The facility does not report if it does not trip a threshold. Therefore, no indices are calculated.

What is the methodology for measuring and crediting improvements in toxic use due to switching to a less toxic chemical?

The way the law is structured the law "rewards" reductions in the use of listed chemicals. The reports would show the reduction in the facility-wide usage of the chemical. It might also show improvement in the byproduct and emission reduction indices for that substance. On the other hand if the chemical being switched to was also regulated under TURA, the reports would show an increase in the use of that chemical at the facility, and might show a decrease in the reduction indices. However, anyone analyzing the data would see the switch to the less toxic chemical in the production unit.

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