2016 Hazardous Waste and Hazardous Materials Reporting Deadlines Announced Reply

2016 will be here before we know it. With the New Year comes a series of compliance reporting deadlines, especially for companies that generate hazardous waste and store and use hazardous materials.

 Toxics Use Reduction Plan Employee Notification – due January 1

Massachusetts companies subject to Toxics Use Reduction (TUR) planning must post a TUR Plan Employee Notification requesting ideas on how to reduce toxic chemical use and waste generation by January 1, 2016.  Please note: The Employee Notification is also required for Resource Conservation (RC) Plans; however for RC Plans, the focus is on the asset chosen for the plan.  There is no Employee Notification requirement for companies that decide to incorporate TUR planning in its Environmental Management System (EMS). 

EPCRA 312 Tier II Reports – due March 1

Federal Emergency Planning and Community Right-To-Know Act (EPCRA) requires that facilities which store chemicals above the threshold planning quantities report those chemicals on a Tier II report annually to the State Emergency Response Commission (SERC) which in Massachusetts is the Massachusetts Emergency Management Agency (MEMA), the Local Emergency Planning Committee (LEPC), and the local fire department. Reports are due March 1, 2016.

Companies having to submit Tier II reports must include, among other information, the exact quantity of each reportable chemical stored at its facility and transportation information for EHSs. In order to provide this data, companies must keep accurate chemical storage inventories to quantify maximum and average amounts of chemicals stored at any one time for the previous calendar year.

The link to guidance regarding the data required by the Commonwealth of Massachusetts for Tier II reporting is http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

The state contact for information regarding the MEMA requirements for Tier II reporting is

Jeff Timperi at Jeff.Timperi@state.ma.us or (508) 820-2019.

MEMA is requiring Massachusetts facilities to use the online Tier2Manager reporting system for RY 2015.  Information on setting up an account and accessing facility data can be found on the MEMA website at:  http://www.mass.gov/eopss/agencies/mema/emergency-info/haz-mat/serc/

MEMA strongly recommends that companies include a site plan with Tier II reports.  Some LEPCs require site plans, so it’s good to check with them before you submit the Tier II.

Be sure to contact your LEPC and local fire department as well to inquire about any special requirements they may have regarding Tier II Reporting.

The EPA software is available at this link:


Massachusetts Recycling Permit Annual Reports – due March 1

Massachusetts Department of Environmental Protection (MassDEP) requires generators who recycle hazardous wastes under one of MassDEP’s Recycling Permits to report recycling activities for the previous calendar year on a MassDEP form by March 1, 2016. The MassDEP website for hazardous waste reporting and the annual reporting form for hazardous waste recyclers can be found here: http://www.mass.gov/eea/agencies/massdep/recycle/hazardous/periodic-hazardous-waste-reporting.html.

Federal Hazardous Waste Biennial Reports – due March 1

Large Quantity Generators of hazardous waste must file reports by March 1, 2016 which will include a summary of hazardous wastes generated in CY 2015.

The Hazardous Waste (HW) Biennial Report software and forms are now available for 2015 and can be downloaded from http://www.capaccio.com/Resources/Links_Regulatory.html.

The 2015 version of the software must be used to complete and submit the forms. The following must be mailed to the MassDEP:

  • A signed copy of the Federal 8700/12 Site Identification form, and,
  • The report’s SI, GM, and WR files either as exported from the software or in the EPA Biennial Report Flat File format copied to a CD

Massachusetts TURA Form S Reports – due July 1

MassDEP requires filing of Form S reports for companies otherwise using, processing or manufacturing listed toxic chemicals in excess of certain thresholds within the calendar year in addition to the federally required EPCRA 313 Form R reports by July 1, 2016 for toxic chemicals used during CY 2015.

For access to Form S go to: http://www.capaccio.com/Resources/Links_Regulatory.html. Please note, the forms will not be available for download until April, 2016.

  • MassDEP currently lists the following high hazard substances (HHS) with a lower reporting threshold of 1,000 pounds: trichloroethylene (TCE), cadmium and cadmium compounds, perchloroethylene (PCE, perc), hexavalent chromium compounds, formaldehyde, and methylene chloride.
  • MassDEP has added the following HHS for 2016: 1-boromopropane (n-propyl bromide, nPB), hydrogen fluoride, cyanide compounds, and dimethylformamide (DMF).  The reporting threshold will be 1,000 pounds for these chemicals.  Facilities should begin keeping usage records for these chemicals during 2016.  These chemicals will be reporting on the TURA Form S in 2017.

Massachusetts TUR Plans Recertification/Alternative Plan and EMS Options – due July 1

  • Massachusetts facilities that are subject to Toxics Use Reduction Act (TURA) Form S reporting must prepare/update its TUR Plans and submit plan summaries by July 1, 2016 with its Form S reports for calendar year 2015.
  • If a facility has a TUR Plan that has been through two recertification cycles, it has other options in addition to the traditional TUR planning process. For guidance see http://www.capaccio.com/Resources/Links_Regulatory.html.
    • A company can incorporate the TUR planning process into an already established EMS that has been through one full audited cycle. There are some very specific requirements that require the TUR chemicals to be listed as significant impacts in the EMS.  If this option is chosen, then the company does not have to maintain a traditional TUR Plan anymore.  However, it must submit a progress report by July 1, 2016, signed by either a TUR planner with EMS training or an EMS professional with TUR training.
    • Resource Conservation (RC) Plans allow companies to “take a break” from traditional TUR planning for a two year cycle, and then return to TUR planning every other planning cycle. Instead of focusing on the planning of the reportable TUR chemicals, the company can choose one of five assets.  The five assets include energy, water, solid waste, TUR chemicals that are under the reporting threshold, and chemicals that are exempt under TURA that are in articles or are of significant concern to the company.  The planning process for RC Plans is very similar to traditional plans.  Companies who developed an RC Plan in 2014 will have to submit an RC Plan progress report by July 1, 2016.  The plan must be certified by a TUR planner with additional training in RC planning. 

Federal EPCRA 313 Form R Report – due July 1

EPA requires annual filing of Toxic Release Inventory (TRI) Form R reports by facilities that manufacture, process, or otherwise use listed chemicals above certain thresholds.

Form R reports are due July 1, 2016 for chemical releases during CY 2015.  For access to Form R go to:  http://www.capaccio.com/Resources/Links_Regulatory.html.

The method for reporting TRI forms is to use the TRI-Made Easy Web (TRI-ME web) application via the Central Data Exchange (CDX) and the internet located at https://cdx.epa.gov/CDX/Login.

TURA Reporting Fee and Worksheet – due September 1

Toxics Use Reduction Act Fee – Facilities that are subject to Toxics Use Reporting (Form S Reporting) must submit a copy of the Toxics Use Fee Worksheet and fee by September 1, 2016.

CAPACCIO can assist with any or all of your reporting needs. Contact Lucy Servidio at 508-970-0033 ext. 114 or lservidio@capaccio.com or Colleen Walsh at 508-970-0033 ext. 129 or cwalsh@capaccio.com for more information. We’re here to help!


Federal EPCRA 313 Form R and Massachusetts TURA Form S Reports Due July 1 Reply

It’s that time of year again when companies are calculating thresholds for chemicals used in calendar year (CY) 2012 to determine if there are any chemicals manufactured, processed or otherwise used on-site that need to be reported under the US Environmental Protection Agency’s Emergency Planning and Community Right To Know Act (EPCRA) Section 313 and the Massachusetts Department of Environmental Protection’s (MassDEP) Toxics Use Reduction Act (TURA).

This is just a friendly reminder that there are a few changes for TURA reporting this year. MassDEP designated hexavalent chromium compounds and formaldehyde as Higher Hazard Substances (HHS )and lowered the threshold for reporting these chemicals to 1,000 pounds for calendar year 2012 (due July 1, 2013). It’s important that you take the time to review the guidance MassDEP developed for these chemicals. You may be surprised with some of the processes that you have to consider when determining thresholds for these new HHSs (e.g., fuel combustion, welding, formaldehyde based resins).

Also please note that zinc metal (without any fume or dust qualifiers) is back on the MassDEP TURA Chemical List. Zinc was erroneously taken off the list back in the late 1990’s. MassDEP has said they will not take enforcement against those companies who start reporting for zinc metal in this reporting year. Discussions are in progress at MassDEP as to the fate of zinc metal on the TURA Chemical List.
For more information on MassDEP guidance for hexavalent chromium compounds and formaldehyde please go to:


If you need assistance with your reports or more information, please contact Lucy Servidio at 508.970.0033 ext. 114 or lservidio@capaccio.com or Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.

When in doubt, wear a cape! Reply

On  May 3, 2012, I had the honor to present “20 Years of  Making the Toxics Use Reduction Act (TURA) work for business’ in Massachusetts” at the Cancer Council Autralia’s (CCA) Cancer in the Workplace – A forum on practical solutions for prevention. I was amazed at the feedback I received and of the hope my presentation gave to the attendees. I was even more amazed at the great research and presentations that I was asked to be part of. The presentations opened my eyes to Australia’s biggest occupational health issues of mesothelioma (working with/mining asbestos) and melanoma (sun exposure).

New Friends-Cancer Coucil Australia

I was able to attend a strategic planning meeting with the CCA. When I was about to leave they asked me to give my two cents of advice on how to get a TURA-like law rolling. I reminded CCA that TURA was first ignited by Ken Geiser (then at Tufts) and Mike Ellenbecker (then at U Mass Lowell) who were from acadamia…not the legislature. Maybe the Royal Melbourne Institute of Technology could be the starting point. Also, that starting off with Victoria, one state, rather than going country-wide would have a greater chance of success. Lastly, I said don’t forget TURA’s secret sauce…mandatory reporting/planning…voluntary implementation based on a viable business case.

Lucy Servidio The Cape Crusader

When saying good byes and giving hugs Terry Slevin, CCA said to me that they weren’t sure what they were going to get when we they asked me to come down to speak, but one minute into my speech they knew we had asked the right person…I remarked, “Did the cape frighten you?” He replied, “Not at all.” His only fear was that Dr. Tim Driscoll, Professor at University of Sidney, would start wearing one.

For those of you who have never wore a cape when making a presention, I would highly recommend it…it did make me feel like I could do or say anything!

It feels good to share 1

New Friends -Australian Council of Trade Unions

Today I met with the staff from the Australia Council of Trade Unions and Work Safe Victoria (our equivalent to OSHA).

I was welcomed warmly and was happy to share stories about TURA and how by getting workers involved in the TUR process so we can create safer work places. Though I did not have quantitative dollar amount saved in workman’s compensation claims and a direct correlation between TURA and a reduced percentage of cases of cancer, we all agreed that if we can reduce the amount of carcinogens used in the workplace and the amount of carcinogenic byproducts produced, it’s reasonable to deduce that the risk of workplace related cancer is likely to eventually be reduced.

Stay tuned to this blog for more insight from Lucy from her meetings and travels in Australia .