Massachusetts Toxics Use Reduction Act (TURA): Overview

The Toxics Use Reduction Act (TURA) requires some businesses to report on their use of toxic chemicals, conduct toxics use reduction planning, and pay an annual fee. The TURA Program provides free services to businesses to support toxics use reduction.

What businesses are covered by TURA?

TURA applies to Large Quantity Toxics Users (LQTUs): facilities that use TURA listed chemicals above a specific threshold, employ the equivalent of ten or more full-time employees, and do any business in one or more of the following Standard Industrial Classification (SIC) codes or equivalent North American Industrial Classification System (NAICS) codes: 10-14 (Mining), 20-39 (Manufacturing), 40, 44-49 (Transportation), 50-51 (Wholesale), 72, 73, 75, 76 (Certain Services).

Companies Subject to TURA

SIC Codes	Employees	Listed Chemical Thresholds
10-14: Mining	10 or more full-time employees (FTEs)*	See table in TURA reporting thresholds section
20-39: Manufacturing
40 & 44-49: Transportation
50 & 51: Wholesale
72, 73, 75 & 76: Certain Services

* Guide for calculating FTEs

What chemicals are listed under TURA?

The TURA list of Toxic or Hazardous Substances includes over 1,500 chemicals and chemical categories. These chemicals are used to manufacture products, in chemical reactions, in cleaning, mixtures, and compounding, and as manufacturing aids. Download the complete list.

What are the TURA reporting thresholds?

If the chemical is...	Then the TURA threshold is...
Manufactured* or processed**	25,000 lbs/year
Otherwise used***	10,000 lbs/year
Higher Hazard Substance	1,000 lbs/year
US EPA Persistent Bioaccumulative Toxic (PBT)	100 lbs, 10 lbs, or 0.1 gram/year, depending on the chemical

* Manufacture means to produce, prepare, import, or compound a toxic or hazardous substance. Manufacture shall also mean to produce a toxic or hazardous substance coincidentally during the manufacture, processing, use, or disposal of another substance or mixture of substances, including a toxic substance that is separated from such other substance or mixture of substances as a byproduct, and a toxic substance that remains in such other substance or mixture of substances as an impurity.

** Processed means the preparation of a toxic or hazardous substance, including, without limitation, a toxic substance contained in a mixture or trade name product, after its manufacture, for distribution in commerce: (a) in the same form or physical state, or in a different form or physical state form, that in which it was received by the toxics user so preparing such substance; or (b) as part of an article containing the toxic or hazardous substance.

*** Otherwise Use or Other Use means any use of a toxic substance that is not covered by the terms “manufacture” or “process” and includes use of a toxic substance contained in a mixture or trade name product. Relabeling or redistributing a container of a toxic substance where no repackaging of the toxic substance occurs does not constitute use or processing of the toxic substance.

What are the annual reporting and planning requirements?

Each LQTU is required to file an annual toxics use report that includes a Massachusetts Form S and a federal TRI Form R for each TURA listed chemical they manufacture, process, or otherwise use above applicable thresholds.

• Form S identifies the quantity of each listed chemical used, generated as byproduct, or shipped offsite as part of a finished product.
• Form R identifies the quantity of each listed chemical that leaves the facility as a release to the environment or is transferred offsite for further management at a publicly owned treatment works (POTW) or other waste management facility. Companies meet their TURA Form R reporting requirement when they file their federal Form Rs with EPA, unless the report is on a chemical or industry sector that is not included in the federal program. 

Every second year, LQTUs are required to prepare a Toxics Use Reduction (TUR) Plan: a technical and economic evaluation of the feasibility of implementing Toxics Use Reduction techniques at the facility. Each plan must be reviewed and approved by a state certified Toxics Use Reduction Planner.

How can TURA help my business?

The TURA Program works with businesses to reduce the use of toxic chemicals while promoting competitiveness.
The Office of Technical Assistance and Technology (OTA) and the Toxics Use Reduction Institute (TURI) provide a wide variety of services to help Massachusetts businesses reduce toxics while saving money and boosting competitiveness. These services are available to all Massachusetts businesses, even if they are not subject to TURA requirements.

• The Office of Technical Assistance (OTA) is a non-regulatory agency within the Executive Office of Energy and Environmental Affairs that provides free, confidential technical and compliance assistance to manufacturers, businesses, and institutions. OTA provides both onsite and remote assistance. In addition to assisting with TURA related issues, OTA can assist companies with energy efficiency and water and resource conservation. These services are available free of charge to all Massachusetts businesses. To request assistance, contact OTA at [phone].
   
• The Toxics Use Reduction Institute (TURI), at the University of Massachusetts Lowell, provides education and training; sponsors research into the development of cleaner, safer materials and technologies; provides grants to companies, community organizations, and municipalities; convenes business working groups to address specific environmental challenges; conducts policy research and analysis; and provides laboratory and information services. For information on grants, laboratory services, supply chain initiatives, educational opportunities and more, contact TURI at [phone].
• The Massachusetts Department of Environmental Protection (MassDEP) establishes, interprets, and enforces the reporting and planning requirements, receives and reviews annual toxics use reports, and compiles, analyzes and makes the data available to the public, and certifies Toxics Use Reduction Planners. For more information on TURA Program requirements, contact MassDEP at [e-mail].

Next Steps

Once a facility has determined that they are subject to TURA, they should complete the following steps depending on whether they are a new filer or a voluntary disclosure filer.

New Filer

1. The new filer category applies if the facility meets one of the following criteria:
   1. Has never previously reported to the TURA program
      1. Example 1: a facility just started using a chemical on the TURA list
      2. Example 2: a new facility just beginning operations is registering with MassDEP for activity across multiple environmental media
   2. If a chemical the facility uses is newly reportable under TURA
2. Complete the TUR New Filer Form and email it to [e-mail].
3. The TURA Program will acknowledge receipt of the form, set the facility up in the system, and advise once the facility can file the current year’s report.

Voluntary Disclosure Filer

1. The voluntary disclosure filer category applies if the facility meets one of the following criteria:
   1. Determined through some type of audit process that they are subject to TURA regulations and owes reports from prior years
   2. Reported to TRI in the current year and did not file with the TURA program before the July 1st filing deadline
   3. Historically reported to the TURA program and lapsed in their on-time filings

2. Send a voluntary disclosure letter   on company letterhead to Rebecca Dolan either via email at [e-mail] or by mail to: 
           TURA Program
           ATTN: Rebecca Dolan
           100 Cambridge ST STE 900
           Boston, MA 02114

   The letter must include the following information:

   1. Facility Name
   2. Facility Address
   3. Description of onsite audit, and date facility completed audit process/learned that they are subject to TURA
   4. TURA listed chemicals to be reported
3. The TURA Program will acknowledge receipt of the letter, set the facility up in the system, and advise on what reports are owed, what late fees are owed, and what type of enforcement will be sent.

Additional Resources