The Toxics Use Reduction Act in Massachusetts: A Successful Model in Toxics Substitution and Reduction

1. 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. 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.

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

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

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

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

14. 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 Plan Contents – Facility-Wide Info

15. 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 Plan Contents – Process Characterization

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

17. 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 Plan Contents – Options Evaluation

18. 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 Plan Contents – Plan Development

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

20. Science Advisory Board Administrative Council Toxics Use Reduction Institute Bureau of Waste Prevention Office of Technical Assistance TURA Program Agencies • 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 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 www.turi.org 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 • Results: 1990-2000 • 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

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