TUR Fee due September 1 Reply

If you filed a Toxics Use Reduction (TUR) report in 2015 for chemical use during 2014, there is a TUR fee due to the MassDEP by September 1.

Companies subject to TURA are required to pay annual toxics use fees. These are based on a formula that takes into account the number of people the company employs and the number of listed chemicals it manufactures, processes or otherwise uses in excess of applicable thresholds. A company calculates its fee using a worksheet/invoice that the facility submits along with its annual TUR report.

This worksheet/invoice serves as the company’s first notice of payment due. The fee must be paid in full by September 1 of the filing year. (http://www.mass.gov/eea/agencies/massdep/toxics/tur/about-tura-reporting-and-fees.html#ToxicsUseFees )

The last sheet of your facility’s TUR reporting package includes the fee calculation worksheet and serves as the invoice for the fee.  No additional notice is sent by MassDEP regarding this fee.

Print the Worksheet/Invoice page as documentation and send a copy with your check to:

MassDEP, PO Box 4062, Boston MA 02211

Payment is due by September 1, 2015. If your payment is not received by September 1, a second invoice including the $1000 late fee mandated by MGL 21I will be sent to the facility.

If you need assistance determining or submitting your TUR invoice, please contact your project manager at CAPACCIO, or Jill Vernes at jvernes@capaccio.com.

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.

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.

Higher Hazardous Substances Important Update Reply

Until 2011, all chromium compounds, both hexavalent and non-hexavalent, were reported under the same category under the Toxics Use Reduction Act (TURA). However, because hexavalent chromium compounds pose much greater health risks to humans and are both chronically and acutely toxic, the Massachusetts Department of Environmental Protection (MassDEP) designated them as Higher Hazardous Substances (HHS) and their threshold was decreased to 1,000 pounds per year for otherwise used, processed, or manufactured as a by-product. Non-hexavalent compounds continue to be counted towards the 10,000 pounds otherwise used, and 25,000 pounds processed or manufactured thresholds.

Companies that exceeded the 1,000-pound threshold for hexavalent chromium compounds for reporting year 2012 were required to file a Form S to the MassDEP for the first time by July 1, 2013. If they also exceed the 1,000-pound threshold in reporting year 2013, they are required to file a Form S and develop a TUR plan for hexavalent chromium compounds by July 1, 2014.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that explains the differences between hexavalent and non-hexavalent chromium compounds, hazards associated with hexavalent chromium compounds, examples of compounds that contain hexavalent chromium, uses of hexavalent chromium compounds, and alternatives that should be considered. Hexavalent chromium is often listed as “CrVI” on safety data sheets (SDS). Non-hexavalent chromium used in industry is predominantly, although not exclusively, trivalent chromium, which is often listed on an SDS as “CrIII.”

You can find the fact sheet on the TURI’s web-site. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Hexavalent_Chromium_Fact_Sheet

Click here for further explanation regarding higher and lower hazard substances. http://www.turi.org/Our_Work/Chemicals_Policy/Chemical_Lists/Higher_and_Lower_Hazard_Substances

The MassDEP developed a fact sheet that provided guidance on how to calculate threshold determinations for various uses of hexavalent chromium compounds. You can find the fact sheet on the Executive Office of Energy and Environmental Affairs’ website. http://www.mass.gov/eea/docs/dep/toxics/laws/crviguid.pdf

Formaldehyde

The MassDEP also designated formaldehyde as a HHS in 2012 because of its links to cancer and potential adverse reproductive outcomes. Companies that exceeded the 1,000-pound threshold for formaldehyde for reporting year 2012 were required to file a Form S to the MassDEP for the first time by July 1, 2013. If they also exceed the 1,000-pound threshold in reporting year 2013, they are required to file a Form S and develop a TUR plan for formaldehyde by July 1, 2014.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that includes hazards associated with formaldehyde, common uses of formaldehyde, and alternatives that should be considered. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Formaldehyde_Fact_Sheet/Formaldehyde_Fact_Sheet

The MassDEP developed a fact sheet that provided guidance on how to calculate threshold determinations for various uses of formaldehyde. You can find the fact sheet on the Executive Office of Energy and Environmental Affairs’ website. http://www.mass.gov/eea/docs/dep/toxics/laws/frmlguid.pdf

Methylene Chloride

The MassDEP designated methylene chloride as a HHS in 2013. This means that companies need to start tracking usage, processing and manufacturing of methylene chloride in 2014. If the 1,000-pound threshold is exceeded in 2014, companies will have to file a Form S to the MassDEP by July 1, 2015.

The Toxics Use Reduction Institute (TURI) developed a fact sheet that includes, hazards associated with formaldehyde, common uses of formaldehyde, and alternatives that should be considered. http://www.turi.org/TURI_Publications/TURI_Chemical_Fact_Sheets/Methylene_Chloride_Fact_Sheet

If you have any questions regarding the above noted Higher Hazardous Substances designations and the required reporting and planning, please contact Travis Wheeler at 508.970.0033 ext. 115 or twheeler@capaccio.com.