1. Lowell Center for Sustainable Production
The Toxics Use Reduction Act in Massachusetts: A Successful Model in Toxics Substitution and Reduction
Joel A. Tickner, ScD
Lowell Center for Sustainable Production
November 24, 2003

2. Summary
TUR Provides a successful model for chemicals management that includes understanding how chemicals are used and ways to reduce use/waste in the first place
TUR is a particularly useful technique for downstream users
There are many lessons from TUR that could inform the emerging EU system

3. Evolution of Pollution Prevention in the US and TUR
1986 OTA Report – Serious Reduction of Hazardous Waste
1990 Pollution Prevention Act
State Programs
Toxics Use Reduction Act of 1989
Federal and International Programs

4. Goals of TUR
50% reduction in the generation of toxic by-products by 1997 through TUR
Establish TUR as the preferred means of regulatory compliance
Sustain and promote the competitive position of Massachusetts industry
Promote reduction in the production of toxic and hazardous substances
Enhance and coordinate state agency enforcement of environmental laws 5

5. What is TUR Toxics Use Reduction?
Toxics Use Reduction Act Definition:
In-plant changes in production processes or raw
materials that reduce, avoid, or eliminate the use of
toxic or hazardous substances or generation of
hazardous byproducts per unit of product, so as to
reduce risks to the health of workers, consumers,
or the environment, with out shifting risks between
workers, consumers, or the environment. TUR shall be achieved through any of the six defined techniques. 12

6. Definition of TUR: Key Points
In-plant changes
that reduce, avoid, or eliminate the use of toxic or hazardous substances or generation of hazardous byproducts
Per unit of product
Reduce overall risks to workers, consumers, and the environment
Without shifting risks
Through TUR techniques 13

7. The Six TUR Techniques 1. Input substitution
2. Product reformulation or redesign
3. Equipment or technology modernizations
4. Process or procedure modifications
5. Improvements in housekeeping, maintenance, training, or inventory control
6. In-process recycling
Any of these techniques can be used to reduce waste. However, they constitute pollution prevention only if they reduce or eliminate pollution generation and do not transfer wastes from one medium to another.

8. Planning and Accounting Process
Regulations define content, not process
TUR concentrates on planning:
Process Characterization
Process mapping
Materials accounting
Options generation/screening
Technical/financial analysis
Implementation
TUR should become center- piece of regulatory structure

10. Listed Chemicals
Several government lists accounting for about 1000 chemicals (Toxics Release Inventory, CERCLA)
Chemicals on list because of some hazard they pose (chronic, acute, etc.)
Companies to file based on using chemical not risk
About 170 Chemicals actually reported
About 560 Companies reach thresholds

12. The Heart of Planning
Compile data for current materials use, toxics use, production processes
Serves as base-line for all future TUR possibilities
Provides comprehensive view of current work practices – why chemicals being used and how
Indicates areas of high toxics use, or inefficiency
Identifies opportunities and options
Involves employees in all aspects of facility 15

13. TUR Planning Process
Planning cycle when viewed as a continually improving

14. Plan Contents – Facility-Wide Info
Management Policy Statement
Mission statement to clarify philosophy
and commitment to TUR and P2 initiatives
Plan Scope
Summary of Universe ID process
Summary of TUR to be implemented
Description of Production Units
List of chemicals
Employee Notification
Six months prior to Planning (January 1)
Informs employees and requests input

15. Plan Contents – Process Characterization
Process Mapping
Visual representation of production units
Show where chemicals enter and leave
Process
Calculate costs of toxics
Material Balance
Determine amounts of toxic used
Determine amount of by-product

16. Plan Contents – Options ID
Identify the universe of TUR options
ID all techniques for potentially achieving
toxics use reduction
METHODS: Brainstorming techniques,
vendor info, trade associations

17. Plan Contents – Options Evaluation
Screen the universe
Determine and eliminate options that
are clearly technically or economically
infeasible
Detailed evaluation
Technical evaluation
Economic evaluation
Health Safety and Environmental Evaluation
Tools and support to complete
Develop implementation schedule
Determine timeline for implementation
Project toxics use reduction 2 and 5
years into the future

18. Plan Contents – Plan Development
Document all aspects of the Plan or
Plan Update
Keep plan on site – do not submit to DEP
Submit Plan or Update summary
Certification statement
Projected changes in toxics usage
Projected byproduct reduction
Types of TUR techniques
Other useful info for public review
Public available information

19. Plan Contents - Certification
Plan must be certified by:
DEP Certified TUR Planner
Senior Plant Manager

20. TURA Program Agencies Science Advisory Administrative Council Board
Bureau of Waste Prevention, DEP
Implementation/enforcement
Office of Technical Assistance
Voluntary technical assistance - engineering
Toxics Use Reduction Institute
Funded by fee on chemicals use
Science
Advisory
Board
Administrative Council
Bureau
of Waste
Prevention
Toxics Use
Reduction
Institute
Office of
Technical
Assistance 8 8

21. Toxics Use Reduction Institute
Develops and delivers a curriculum for TUR Planners
Sponsors and conducts research into technologies, methods, and policies which decrease risk to the environment and human health
ie Surface Solutions Laboratory
Provide technical support and technology transfer to industry, government and the public – stakeholder engagement
Provide information on TUR to all education levels
Assist in training inspectors and other key toxics personnel
Library of toxics use reduction information/databases website 11 11

22. New Directions Priority User Segments PBTs High Hazard Chemicals
Environmental Stewardship – Blue Ribbon Panel
Supply chain collaboratives
Community based initiatives
Toxics in everyday products

23. Results of Toxics Use Reduction
60% reduction in waste
40% reduction in use
80% reduction in emissions
Benefits to industry $15 million (not considering health/environmental benefits)
Helps that state is a chemical using one
Examine alternatives
Measure progress and re-evaluate periodically
Results: % reduction in waste; 33% reduction in use; 80% reduction in emissions while saving $15 million – excluding environmental/health benefits

24. Did We Achieve the Goals?

25. Lessons Learned – Information Needs
Need for good process/facility level materials accounting information
Materials not efficiently managed (what you can’t measure you can’t manage)
Identifies opportunities for greater efficiency
Provides a more holistic view
Protection of CBI generally not requested
Need good metrics to measure progress
Need good information on alternatives to problem substances
REACH currently focuses on only toxicity information (and some use) – materials flow data would enhance supply chain understanding

26. Lessons Learned – Planning Needs
Particularly important for downstream users as a framework to consider means to reduce/eliminate problem chemical use through efficiency and substitution measures – focus on service of chemical
Engages wide range of actors in decision process
Considers whole process/facility hazards
Chemical substitution often means process change
Consideration of product quality/economics
Consideration of health and safety trade-offs
Substitution/prevention planning with clear guidance would be important under REACH

27. Lessons Learned - Innovation
Innovation requires both willingness AND capacity
Technical support has been critical for industry innovation
Demonstration projects/sites
Networking of firms
Research support
Technical assistance to firms
Success brings more interest/successes
Recognition of leaders through Governors’ awards
Failure to consider could lead to disjointed REACH implementation

28. Conclusion: Lessons from Toxics Use Reduction
Have Ambitious Goals
Metrics and planning are critical to prevention – understanding how materials are used and options for reduction
REACH should encourage firms to consider implications of chemical substitutions
Support research and technical assistance for innovation
Using a multitude of tools to achieve goals of REACH
Goal: 50% reduction in toxic waste through TUR
Not to look for a “safe” level of emissions but for ways to reduce waste and chemical use.
Quantify materials use and understand how and why a chemical is being used. Understand costs of chemical use.