Massachusetts Toxics Reduction Legislation

-Exempts toxics present in fuel oil except if the facility is a power plant;

-Changes the definition of "byproduct" to clarify that otherwise used chemicals should be counted as byproduct when they leave a production unit;

-Adds use of North American Industrial Classification System (NAICS) codes consistent with the Toxics Release Inventory (TRI);

-Streamlines reporting by eliminating certain data elements from annual toxics use reports and biennial toxics use reduction (TUR) plans;

-Harmonizes 10,000/25,000 pound thresholds with TRI (manufactured/processed no longer drops to 10,000 pounds);

-Replaces byproduct reduction index (BRI)/emissions reduction index (ERI)/base year calculations with new production unit metrics that measure progress from the previous year;

-Provides alternative planning options after a company has completed one toxics use reduction plan and two plan updates: -Resource conservation plans for energy, water, or materials use (allowed every other planning cycle); -Environmental Management System (EMS) in lieu of a TUR plan (provided reportable toxics are addressed in the EMS); -Establishes new TUR Planner continuing education requirements for resource management conservation and EMSs;

-Provides process to categorize chemicals as either higher hazard (with lower 1,000 pound threshold) or lower hazard (with elimination of per chemical fee);

-Provides process to designate priority user segments that use higher hazard chemicals;

-Provides process to re-examine inclusion of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) listed chemicals on toxics list.