TURA Frequently Asked Questions
Refer to the TURA Portal for links to the regulations, written planning guidance, training and workshops, technical assistance and information.
- Why was the Toxics Use Reduction Act updated?
- What are the major changes?
- Who are the state agencies involved in implementing TURA and what are their roles?
- What are the specific changes to TURA beginning in the reporting year 2006?
- What are the specific changes for planning in 2008?
- What chemicals have been recently designated as higher hazard by the Administrative Council?
- What do I have to do if I use more than 1,000 lbs. per year of a higher hazard substance?
- When do I need to track chemical usage pay fees and, prepare plans?
- What resources are available to help me reduce toxics and comply with the law?
- How do I become a Toxics Use Reduction Planner?
- Do I still need to report usage if I use a newly designated lower hazard substances?
- What is the process for selecting higher hazard substances?
- When and how will the CERCLA chemicals be delisted or retained?
- How can I get involved in the chemical list process?
- Who is the SAB (Science Advisory Board)?
- Who is the TURA Advisory Committee and what is their role?
- Who is the Administrative Council and what information do they consider when deciding if a chemical is higher hazard or lower hazard?
- When can I prepare a Resource Conservation or EMS Plan?
- What “natural assets” can I choose for my resource conservation plan?
- What are the requirements for developing an EMS TURA Plan?
- What resources are available to help me develop an EMS or Resource Conservation Plan?
1) Why was the Toxics Use Reduction Act updated?
In July of 2006, the Massachusetts legislature voted to amend the Toxics Use Reduction Act (TURA) to encourage further improvements in environmental performance. The amendments focus the TURA list of regulated chemicals and provide existing TURA companies alternative planning options.
2) What are the major changes?
The major changes of the 2006 TURA amendments are:
- Companies who currently submit toxics use reduction plans and report chemical usage now have more choices for planning. In lieu of a Toxics Use Reduction (TUR) plan, companies who have completed a plan and two plan updates can choose to develop a resource conservation plan or integrate TUR into their environmental management system (EMS). This allows facilities to focus their planning efforts on energy, water, and materials, in addition to addressing toxics.
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The TURA Administrative Council will help the program and companies focus on more hazardous substances by reducing the number of substances on the TURA list of regulated chemicals, and by designating up to 10 higher hazard substances and up to 10 lower hazards substances each year.
- For the designated higher hazard substances, the threshold for reporting will be lowered from 25,000 pounds for manufactured or processed chemicals, or 10,000 pounds for chemicals otherwise used, to 1,000 pounds.
- For chemicals designated as lower hazard substances, companies will still need to report usage and prepare TUR plans but will no longer have to pay the $1,100 annual fee per chemical.
- The CERCLA list of chemicals is currently being evaluated to determine which chemicals should be retained. Companies will no longer have to report or plan for CERCLA-only listed substances that are not retained by the administrative council.
3) Who are the state agencies involved in implementing TURA and what are their roles?
Three state agencies work together to implement the Massachusetts Toxic Use Reduction Act (TURA) Program --the Department of Environmental Protection (MassDEP), the Office of Technical Assistance and Technology (OTA), and the Toxics Use Reduction Institute (TURI) at UMass Lowell.
- The MassDEP is responsible for toxics use reduction regulations, collection and analysis of information from annual toxics use reduction reports, reporting and planning guidance, and regulatory enforcement.
- The OTA is responsible for technical assistance and compliance assistance for companies.
- The TURI is responsible for continuing education training sessions on toxics use reduction, resource conservation planning, and environmental management systems.
In addition, the TURA Administrative Council makes decisions on listing, delisting and categorizing of the TURA chemical list, with recommendations from the Science Advisory Board and input from the TURA Advisory committee.
4) What are the specific changes to TURA beginning in the reporting year 2006?
The reporting changes include the following:
- Exempts toxics present in fuel oil except when used to produce electricity, steam or heat as primary business.
- Adds use of NAICS codes in addition to SIC codes (this does not change who is required to report)
- Harmonizes 10,000/25,000 pound reporting thresholds with the federal Toxics Release Inventory (TRI) program so that manufactured/ processed chemicals no longer need to be reported below 25,000 pounds (except for PBT chemicals and Higher Hazard Substances)
- Replaces the Byproduct Reduction Index and Emissions Reduction Index calculations with new production unit metrics that measure progress compared with the previous year
- Replaces escalating late fees with flat $1,000 late fee
- Gives MassDEP responsibility for fee waiver requests (instead of EOEEA)
5) What are the specific changes for planning in 2008?
2008 is a TURA planning year, with plan summaries due July 1, 2008. Tthe following options are available for the 2008 plan year:
- Provides alternative planning options after a company has completed one toxics use reduction plan and 2 plan updates
- Resource conservation plan for energy, water, or materials use (allowed every other planning cycle) or an EMS in lieu of a TUR plan (provided reportable toxics are addressed in the EMS)
- Establishes new TUR Planner continuing education requirements for EMS and resource conservation planning
6) What chemicals have been recently designated as higher hazard by the Administrative Council?
In October 2008, the Administrative Council designated cadmium, cadmium compounds and trichloroethylene (TCE) as higher hazard substances.
7) What do I have to do if I use more than 1,000 lbs. per year of a higher hazard substance?
If your company uses more than 1,000 lbs. of a higher hazard substance, has 10 or more full-time employees, and conducts business activities according to certain Standard Industrial Classification (SIC) codes, you will become part of the Massachusetts TURA Program if you are not already. This means that you will be required to prepare toxics use reduction plans, report chemical use, and pay fees. Please note that while companies must plan, the decision to actually implement the plan is voluntary.
8) When do I need to track chemical usage pay fees and, prepare plans?
You will need to start tracking your chemical usage in January 2008 and will need to report usage for 2008 by filing a toxics use report with MassDEP by July 1, 2009. Toxics Use Reduction Plans are prepared in even numbered years beginning the year following your first toxics use report for that chemical, so your first toxics use reduction plan for cadmium, cadmium compounds or TCE under the higher hazard designation will be required in 2010. You can avoid this plan by eliminating or reducing your use of these chemicals in 2009.
9) What resources are available to help me reduce toxics and comply with the law?
The strength of the Toxics Use Reduction Act is that it mandates that services and resources be provided to aid companies in finding safer alternatives to reduce use of toxic chemicals. Follow the links to the resources below provided by TURI, the Office of Technical Assistance, and the MassDEP:
- Toxics Use Reduction Planner Training
- Resource Conservation Training
- Research
- Databases
- Library
- Laboratory
- On-site technical assistance
- Guidance and fact sheets
Technical assistance and information are provided at no cost to Massachusetts firms. Most trainings have a fee associated with them, which is discounted for Massachusetts companies.
10) How do I become a Toxics Use Reduction Planner?
You can become a Toxics Use Reduction (TUR) Planner by taking the required courses from the Toxics Use Reduction Institute and passing a uniform certification exam administered by the Department of Environmental Protection (MassDEP) or, for Limited Practice Planners (only certifying their own company’s plan) by having demonstrated relevant education and experience.
Toxics Use Reduction Planners are environmental, safety, or process professionals who are qualified to prepare, write and certify toxics use reduction plans for companies that are required to report under the Massachusetts Toxics Use Reduction Act (TURA).
11) Do I still need to report usage if I use a newly designated lower hazard substance?
Yes, you still need to plan and report use if you use a lower hazard chemical. However, you no longer have to pay the $1,100 fee for each lower hazard chemical. The designation of the lower hazard chemicals will only affect companies who currently report use of those chemicals.
12) What is the process for selecting higher hazard substances?
Under the amended TURA statute, the Science Advisory Board (SAB) is responsible for recommending up to 10 chemicals per year as higher hazard substances and up to 10 as lower hazard substances. The SAB makes their recommendations to the Toxics Use Reduction Institute (TURI) based upon science. TURI then conducts a policy review, solicits input from the TURA Advisory Committee(see question 17) , and makes recommendations to the Administrative Council, which is responsible for the final designations of higher and lower hazard substances. In 2007, the Administrative Council designated cadmium, cadmium compounds and trichloroethylene (TCE) as higher hazard substances effective for reporting year 2008.
13) When and how will the CERCLA chemicals be delisted or retained?
The SAB and TURI are in the process of evaluating TURA chemicals originating only from the CERCLA chemical list. TURI then conducts a policy review, solicits input from the TURA Advisory Committee, and makes recommendations to the Administrative Council. On or before August 1, 2008, the Administrative Council will decide which chemicals should be retained on the TURA list of toxic or hazardous substances. Substances not retained will no longer be reportable for reporting year 2009.
For more information, contact Heather Tenney at 978-934-3260 or heather_tenney@uml.edu.
14) How can I get involved in the chemical list process?
All Science Advisory Board, TURA Advisory Committee and Administrative Council meetings are open to the public and posted on the TURA Resource Portal web site. You’ll also find minutes to meetings and chemical policy reviews and recommendations. You can also contact Heather Tenney of TURI.
15) Who is the SAB (Science Advisory Board)?
Currently, the Science Advisory Board consists of 9 members. The statute allows for 11 members to be appointed by the Governor, serving three-year terms and not more than two consecutive terms. Although the Governor makes the final appointments to the Board, three members are nominated by TURI; three are nominated by the Secretary of Environmental Affairs; three are nominated by the Secretary of Economic Affairs; one is nominated by the Secretary of Labor; and one is nominated by the Secretary of Human Services.
To be nominated to the SAB, an individual must have extensive professional experience and/or academic expertise in fields such as toxicology, epidemiology, occupational medicine, environmental science or chemistry.
16) Who is the TURA Advisory Committee and what is their role?
The TURA Advisory Committee is a diverse stakeholder committee established by the 2006 TURA Amendments to advise the Administrative Council.
The Committee provides diverse perspectives on matters that come before the Administrative Council, including higher and lower hazard substance designations, CERCLA chemical retention, TURA fee structure, and chemical listing and delisting petitions.
Committee members include Massachusetts environmental and health policy advocacy organizations, organized labor, businesses, the water authority, the general public as well as the attorney general (or his designee) and certified toxics use reduction planners.
17) Who is the Administrative Council and what information do they consider when deciding if a chemical is higher hazard or lower hazard?
The TURA Administrative Council is the body with the power to officially designate chemicals as higher and lower hazard. The Council is composed of the following representatives (or their designees): Secretary of Energy and Environmental Affairs, Commissioner of Environmental Protection, Secretary of Economic Development, Commissioner of Public Health, Director of Labor and Workforce Development, and the Secretary of Public Safety. Meetings of the Council are posted on the OTA Calendar.
The Science Advisory Board makes chemical recommendations to the TURI based on science. TURI conducts a policy review that addresses the policy implications of the recommended chemical designations. When deciding whether or not to designate chemicals to either the higher or lower hazard lists, the Administrative Council considers both--the scientific assessment from the Science Advisory Board and the policy review from TURI.
18) When can I prepare a Resource Conservation or EMS Plan?
Beginning with the 2008 planning year, TURA facilities who have completed a toxics use reduction (TUR) plan and two plan updates now have the option to develop either a resource conservation plan (for alternating planning cycles) or to integrate toxics planning efforts into a comprehensive environmental management system (EMS) in lieu of preparing a separate TUR plan. Plans are due by July 1, 2008.
The EMS must have been in place for one complete cycle, and have been independently audited. Resource Conservation planning is available every other planning year, so if you complete a plan for 2008, you must update your TUR plan in 2010. In 2012 you could return to Resource Conservation planning for the same asset or a different asset than in your previous plan.
19) What “natural assets” can I choose for my resource conservation plan?
Asset areas that can be included in a resource conservation plan include:
- Water use
- Energy use (including reducing greenhouse gas emissions and shifting to renewable energy sources)
- Other materials and products that contribute to solid waste
- Toxic substances that are identified on the list of toxic or hazardous substances established pursuant to 301 CMR 41.00, but are used below below threshold amounts as defined in 310 CMR 50.10
- Chemical substances that are exempt from reporting under TURA, including toxic substances in articles and janitorial products used at a facility (e.g., mercury in bulbs, lead in parts)
A facility choosing to complete a resource conservation plan must select at least one “natural asset” as the focus of the plan and apply the TUR planning methods and source reduction approach to this asset. After developing a resource conservation plan, a facility must return to TUR planning for the following planning cycle two years later.
20) What are the requirements for developing an EMS TURA Plan?
If you choose the EMS option, your EMS must have been in place for at least one full cycle, contain certain elements (based generally on ISO 14001) and must integrate toxics use reduction planning for all TURA chemicals and production units into the EMS.
21) What resources are available to help me develop an EMS or Resource Conservation Plan?
The TURA Program agencies have many resources to help you. Refer to the TURA Portal for links to the regulations, written planning guidance, training and workshops, technical assistance and information.
This page updated Tuesday March 04 2008