MassDEP TURA Enforcement Amnesty Program Reply

Massachusetts Department of Environmental Protection (MassDEP) is offering a Toxic Use Reduction Program Reporting Enforcement Amnesty from April 9, 2015 through June 30, 2016. This means that if you find that your facility should have reported under MassDEP TURA for one or more TURA chemical(s) and you self-disclose this to MassDEP, enforcement will be limited to a warning letter, a fee of one year of past owed chemical use fees for unreported chemical(s), plus $1,000 as an administrative late fee.

This enforcement amnesty program was announced via email to all TUR Planners on Friday, April 17, 2015.

To take advantage of this enforcement amnesty, please read the MassDEP’s letter to TURA planners.

For more information, please contact Linda Swift at 508.970.0033 ext. 119 or lswift@capaccio.com.

Public Comment Period: Proposed TURA Fee Adjustment Reply

This eBlast was copied from an email received by the Toxics Use Reduction Institute.

The Executive Office of Energy and Environmental Affairs (EEA) has proposed amendments to the Toxic Use Fee regulation (301 CMR 40.00). EEA is proposing a fee increase to restore funding required for the program to meet its statutory obligations.

Copies of the proposed regulations and dates, times and locations for public hearings on the regulations, can be found at http://www.mass.gov/eea/waste-mgnt-recycling/toxics/toxic-use-reduction/tura-program-regulations.html. Written testimony will be accepted until 4 p.m. on Thursday, December 11, 2014.

Reminder: EEA is also accepting comments until Friday, November 21, 2014 on its proposal to designate five chemicals/categories of chemicals as Higher Hazard Substances: dimethylformamide, toluene diisocyanates, hydrogen fluoride, cyanide compounds and 1-bromopropane (n-propyl bromide).

Questions can be directed to the Executive Director of the TURA Administrative Council, Rich Bizzozero, rich.bizzozero@state.ma.us.

You may also contact Jill Vernes at Capaccio at 508.970-0033 ext. 136 or jvernes@capaccio.com for any additional questions you may have.

TURA Fee Increase Update Reply

As a follow-up to the TURA update in our last e-blast, CAPACCIO attended the TURA Administrative Council meeting on September 19, 2014. The Council voted 4 to 2 to move forward with increasing TURA Fees. In particular, they would like to see Option B be approved. The three options for increasing fees are at the link below:

http://www.capaccio.com/handouts/eblast/TURA_Fee_Adjustment_Proposal_8-19-14.pdf

Industry and public interest groups were both there to present comments. This will still have to go to public hearings in the fall and the Administrative Council said they would send notices of public hearings to all TUR filers and TUR planners. The Council also agreed to have public hearings in 4 regions of the state so that all stake holders can easily attend. If the fee increase of 50% is passed, it could add an additional $10,000 to big companies using a lot of chemicals. We’ll keep you posted.

For more information, please contact Lucy Servidio, CHMM, TURP, at 508.970.0033 ext. 114 or lservidio@capaccio.com.

Important Toxics Use Reduction Act (TURA) Updates Reply

There are two recent policy developments in the TUR program.

First, at recent meetings of the Administrative Council, the Council voted to designate five chemicals/categories of chemicals as Higher Hazard Substances (HHS). The chemicals include: dimethylformamide (CAS 68-12-2), toluene diisocyanates (listed as: 2,4-TDI [584-84-9]; 2,6-TDI [91-08-7]; and TDI mixed isomers [26471-62-5]), hydrogen fluoride (CAS 7664-39-3), cyanide compounds (TURA #1016) and 1-bromopropane (n-propyl bromide (CAS 106-94-5). These designations are based on recommendations from the Science Advisory Board, TURI policy analyses, and discussions at TURA Advisory Committee and Council meetings. When a chemical/category is designated as a HHS, its reporting threshold is reduced from 10,000/25,000 pounds to 1,000 pounds for manufactured/processed or other-wise used in a calendar year.

Second, the Administrative Council is deliberating the need to address reduced revenues to the TURA program. These revenues have declined because the annual fee adjustments, required by the Act, have not been implemented since the inception of the program. At its next meeting, the Council will discuss three options for increasing fees (see link below):
http://www.capaccio.com/handouts/eblast/TURA_Fee_Adjustment_Proposal_8-19-14.pdf

All the options would provide revenues sufficient to meet the minimum mandatory statutory requirements. The TURA program is recommending option B, because it provides for mitigation of higher fees, particularly on smaller business. The Council is meeting on Friday, September 19th to discuss and vote on whether there will be a TURA fee increase. There will be a 21- day public comment period this fall.

The above information was supplied by Rich Bizzozero, Executive Director TUR Administrative Council, Executive Office of Energy and Environmental Affairs. If you would like to be notified of the 21-day public comment period, please contact rich.bizzozero@state.ma.us.

CAPACCIO’s Senior Vice President Lucy Servidio, CHMM, TURP, serves on the TURA Advisory Committee. If you have any questions, please contact her at 508-970-0033 ext. 114 or lservidio@capaccio.com.