Reminder: 2012 is a planning year under the Toxics Use Reduction Act (TURA) Reply

The letter was sent by Suzi Peck,  Director of the Toxics Use Reduction Program, Bureau of Waste Prevention, for the MassDEP

Facility Manager and/or Toxics Use Reduction Planners: 2012 is a planning year under the Toxics Use Reduction Act (TURA) and facilities covered by TURA are required to complete their TURA planning for this planning cycle by July 1, 2012. Last December, MassDEP sent a postcard alerting that notice to employees regarding the planning process was to be completed by January 1, 2011. Facilities that are required to submit a Form S for at least one chemical by July 1, 2012, and who have submitted a Form S for that chemical on a prior year, are required to complete one of three types of planning for the 2012 planning year:

Toxics Use Reduction (TUR) Planning
Resource Conservation (RC) Planning
Environmental Management Systems (EMS)

Toxics Use Reduction (TUR) Planning
If a facility has completed only one TUR plan and one TUR plan update, then the facility is required to develop a toxics use reduction plan or plan update, and to submit a TUR Plan Summary to MassDEP by July 1, 2012. In addition, if a facility prepared a Resource Conservation Plan in 2010, it must return to TUR planning for the 2012 planning cycle or integrate TUR planning into an Environmental Management System. Facilities that completed aResource Conservation Plan in 2010 are also required to submit a Resource Conservation Progress Report to MassDEP by July 1, 2012.

Resource Conservation Planning
If a facility has completed a TUR plan and two plan updates (i.e., completed TUR plans for three planning cycles), it may elect to prepare a Resource Conservation Plan for the 2012 planning year. Resource conservation planning is aimed at reducing energy, water, materials, or non-reportable chemicals. This option may be attractive to facilities that have succeeded in reducing toxics use and are looking for other opportunities to further environmental improvement and facility efficiency. If you choose this option, submit a Resource Conservation Plan Summary (instead of a TUR Plan Summary) to MassDEP by July 1, 2012, documenting your planning effort. In addition,if your facility did a Resource Conservation plan in planning year 2008, and completed a TUR plan and a Resource Conservation Progress Report in 2010, then you may return to Resource Conservation planning in 2012.

Environmental Management Systems
If a facility has completed a TUR plan and two plan updates (i.e., completed six years of TUR planning), it may integrate TUR into its Environmental Management System (EMS). This option allows companies that already have an EMS to integrate TUR into this more comprehensive system, thereby reducing duplication of effort. If you choose this option, then submit an EMS Progress Report to MassDEP by July 1, 2012 documenting that your EMS addresses toxics use reduction.

Plan Submittals due by July 1, 2012
Depending on which option you choose, a TUR Plan Summary, RC Plan Summary, or EMS Progress Report must be submitted to MassDEP by July 1, 2012. This means that all required planning must be completed before this date. MassDEP encourages facilities to file Plan Summaries online through eDEP, available at: www.mass.gov/dep/service/compliance/edeponlf.htm

Plan Certifications
TUR Plans must be certified by a MassDEP approved Toxics Use Reduction Planner. RC Plans must be certified by a
TUR Planner that also has specific training in resource conservation (see 310 CMR 50.63) and has been approved by
MassDEP to certify RC Plans. EMS Progress Reports must be certified by either a TUR Planner with training in EMS and approved by MassDEP to certify EMS plans, or by an EMS professional with training in TUR.

For more guidance on certification requirements, please consult the MassDEP web site at:
http://www.mass.gov/dep/toxics/approvals/turforms.htm#cert

If you do not have a certified in-house TUR Planner, you should consider hiring a general practice TUR Planner to guide you through the planning process. An updated list of certified Planners (as of February 2012) is available on MassDEP’s web site at:www.mass.gov/dep/toxics/tura/planners.htm

Guidance, Training, and Technical Assistance
Helpful web links for further guidance, training, and technical assistance resources include:

Regulations, Fact Sheets and Guidance: MassDEP
www.mass.gov/dep/toxics/laws/policies.htm

Continuing education training sessions on TUR planning, RC planning and EMS: MassDEP
 http://www.mass.gov/dep/toxics/tura/training.htm

This site includes links to training and workshops provided by the Toxics Use Reduction Institute, Office of Technical Assistance and Technology and MassDEP.

For questions or more information on TURA planning requirements please contact the MassDEP staff listed below:

Toxics Use Reduction Planning, Lynn Cain, lynn.cain@state.ma.us, 617-292-5711
Resource Conservation Planning, Lynn Cain, lynn.cain@state.ma.us, 617-292-5711
Environmental Management Systems, Cynthia Chaves, cynthia.chaves@state.ma.us, 617-292-5848

TUR Planning – Notification due January 1st! Reply

If your facility is required to do a Toxics Use Reduction (TUR) Plan under 310 CMR 50.00, you will need to send out notification to your employees that this is a TUR planning year and solicit ideas for reducing the use and byproduct of the reportable chemicals your facility triggers for.  This notification must be made by January 1, 2012!

There are three options for TUR Plan format: A conventional TUR Plan, a Resource Conservation Plan, or an Environmental Management System (EMS).

The notification for a conventional TUR Plan must:

  • Include requirements of the plan
  • Identify the toxics and production units for which a plan will be submitted
  • Provide the criteria for plan
  • Solicit comments or suggestions from all employees on toxics use reduction options

The notification for a Resource Conservation Plan must:

  • Include requirements of the plan
  • Identify the natural asset being considered as the focus of the plan
  • Solicit comments or suggestions from all employees on resource conservation options for that asset

There is no notification requirement for EMSs, but there are requirements for:

  • A written environmental policy that expresses how the facility manages and makes a commitment to:

(a) Compliance with environmental legal requirements

(b) Pollution prevention through source reduction and toxics use reduction

(c) Continual improvement of the EMS and environmental performance

  • Procedures for communicating environmental and EMS information throughout the facility, including EMS awareness programs for all employees

Remember, you will need to complete and have evidence – a memo, an email, a posting – of the notification sent to employees by the January 1 deadline.

For more information, please contact Linda Swift at 508-970-0033 ext. 119 or lswift@capaccio.com.

EPCRA 313 and TURA Reporting/Planning Reply

It is never too early to start thinking about collecting your chemical use and emissions data for calendar year 2011. Nor is it too early to begin evaluating your reporting thresholds for Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 Toxic Chemical Release Inventory (Form R) and Massachusetts Toxics Use Reduction Act (TURA) Toxics Use (TUR Form S) Reporting.  Reports are due July 1, 2012.

Hydrogen sulfide is added to TRI requirements for 2012

In the October 17 edition of the Federal Register, the US Environmental Protection Agency (EPA) announced that they dropped their stay on hydrogen sulfide gas because they had enough scientific evidence to change its status to reportable. Companies will have to report if they manufacture, process, or use hydrogen sulfide in excess of reporting thresholds. This decision will likely impact utilities, petroleum refineries, and metal and coal mining companies. The change will take effect in the 2012 Form R reporting cycle with reports due July 1, 2013.

Please note: In a recent conversation with Dwight Peavey, TRI Coordinator for EPA New England, Dwight stressed that having back-up for threshold determinations and emission calculations will be very important in the upcoming reporting year. EPA is using other databases (e.g., Tier 2 and Risk Management Programs) to connect the dots and find companies that should be reporting.

 Newly Added TURA Chemicals

The TURA Administrative Council voted this year to separate hexavalent chromium compounds  from the general chromium compounds category, and make hexavalent chromium compounds a Higher Hazard Substance (HHS).   They also voted to designate formaldehyde as a HHS.  There is a formal public comment period on these proposed regulation changes that began November 11 and ends December 1, 2011.  Go to:  http://www.mass.gov/eea/waste-mgnt-recycling/toxics/toxic-use-reduction/hearing-amendments-to-the-toxic-substances-list.html  to find information on where you can obtain a copy of the proposed regulation changes and to submit comments, if you wish to do so.

If the proposed regulations are finalized before the end of calendar year 2011, then 2012 would be the first year that hexavalent chromium compounds and formaldehyde would have a 1000 pound (lb) reporting threshold.  Other chromium compounds (most often trivalent) would still have a 25,000 lb threshold for manufactured and processed, or 10,000 lb for otherwise used.  The 2012 reports would need to be filed with the MassDEP by July 1, 2013.

TUR Planning

2012 is a TUR planning year. Don’t forget to post your Employee Notification that reminds employees at your company that you will be going through the TUR planning process and solicit their input on ways to reduce toxics use and byproduct.

Plan Summaries/Progress Reports and Plan Certification need to be completed and submitted by July 1, 2012.  You will need to have a traditional TUR Plan, a TUR Environmental Management System, or a Resource Conservation Plan in place by July 1st.   Reminder: plans must be certified by a MassDEP Certified Toxics Use Reduction Planner.

 If you need any help with developing a methodology that will past EPA and MassDEP muster, contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com or Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com.

TURA 2009 Information Release Reply

Please be advised, the TURA 2009 Information Release is now available on line at the following site:

 http://www.mass.gov/dep/toxics/tura/turadata.htm

The data show that even after accounting for changes in production levels,Massachusetts is continuing to make progress in Toxics Use Reduction!

Please remember that the final step in TURA filing is submitting your payment to the Massachusetts Department of Environmental Protection (MassDEP).  Toxics Use Fees are due to MassDEP by September 1st.  This is different from the information on the Toxics Use Fee Worksheet.  No bills will be sent out this year.  If payment is not received by September 1st , a bill will be send out with a $1,000 late fee. For more information please contact Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.