At the source: the origins of the Massachusetts toxics use reduction program and an overview of this special issue

This special edition of the Journal of Cleaner Production celebrates the twentieth anniversary of a piece of legislation that has special significance to the environmental movement - the Massachusetts Toxics Use Reduction Act of 1989 (TURA). Most of the papers in this issue were presented at a symposium to commemorate the twentieth anniversary that was held on November 4, 2009.Much has been written about the Massachusetts Toxics Use Reduction Program. It has been heralded as a major pollution prevention success story. It has been lauded as a premier American example of the precautionary principle in action. It has been condemned by the American chemical industry trade association as “bad for the chemical industry”. And it has been praised by the Ford Foundation and Harvard’s Kennedy School of Government as an award-receiving example of innovation in government (Harvard Kennedy School, 2005).Looking back now to some twenty years ago—back to the early origins of the program concept—it can be seen both as a landmark breakthrough in international chemicals policy, and as a fairly conventional next step in the political evolution of Massachusetts environmental policy.Where did this idea come from? How did it develop? How were pieces put together? Why did Massachusetts adopt such an idea into law? And how did the idea change during the early years of implementation? This paper provides a brief history of the development of the concept of toxics use reduction and the process by which it was drafted into law in Massachusetts, followed by an introduction to the articles included in this special edition and their assessment of TURA - past, present, and future.     

Program assessment at the 20 year mark: experiences of Massachusetts companies and communities with the Toxics Use Reduction Act (TURA) program

The Toxics Use Reduction Act (TURA) model is widely cited as an effective blend of mandatory and voluntary components, and is considered a model nation-wide and internationally. There is ample documentation of the reductions in toxic chemical use achieved by Massachusetts facilities under TURA. The present study was designed to gather other information about the experience of these facilities. Through an online survey and telephone interviews, the study investigated how these facilities are achieving toxics use reduction, how TURA affects internal company dynamics, what benefits and difficulties facilities experience, and how their experiences in the program have changed over time. Survey results indicate that the benefits experienced most frequently by facilities subject to TURA requirements are increased management attention to environmental practices; improved worker health and safety; and financial savings. Most frequently cited obstacles to TUR implementation are technical feasibility problems; financial costs; concerns about product quality; and customer requirements. Survey results also indicate that the TUR planning process is most useful in the first and second planning cycles, although most respondents indicated that they sometimes identify useful TUR options in subsequent planning cycles as well. Over all, the results indicate that facilities are continuing to experience significant benefits from the TURA program, while they also continue to face some challenges. These results provide a snapshot of the experience of Massachusetts facilities 20 years since the inception of the TURA program. They also provide baseline information that will be useful for later evaluations of the effects of statutory changes to TURA adopted in 2006 and implemented in subsequent years. The study also included a preliminary assessment of the experience of Massachusetts municipal agencies, community organizations, small business associations and others that receive assistance from the TURA program.     

Does providing technical assistance for toxics use reduction really work? A program evaluation utilizing toxics use reduction act data to measure pollution prevention performance

The 1989 Massachusetts Toxics Use Reduction Act (TURA) instituted a preventive approach to chemical pollution and wastes: reducing toxic chemicals at the source through prevention planning, public reporting of chemical input, and fees for chemical use. The act also created the Massachusetts Office of Technical Assistance for Toxics Use Reduction (OTA), a voluntary program, to make onsite visits to companies that request assistance. OTA staff review the use of toxic chemicals at the facility, and make recommendations for either using substitutes, or using the chemicals more efficiently. Because TURA requires covered companies (large quantity toxics users) to report chemical input (what they use), output (resulting chemical waste), and a production index, it is possible to measure trends in toxics use relative to production, and waste byproduct per pound of chemical use input. These are uniquely precise measurements of a company's ability to accomplish the form of pollution prevention known as toxics use reduction.From 1993 to 2002, companies used approximately 500 million pounds (227 million kg) less toxic chemicals than they were expected to use, based on past performance. Those companies that received onsite technical assistance visits from OTA made substantially greater improvements in TUR performance than those not visited, and as compared to their own performance after being visited. They reduced an average of 9.4% more toxics use after being visited than before, and the difference was statistically significant. More companies in the visited group made progress than companies not visited, and had greater reductions than those not visited by nearly all measures.The results of two additional studies supported these findings of program effectiveness. One study examined companies that dropped out of the system, and found that those that were visited employed toxics use reduction to achieve below-threshold use amounts more frequently than those that were not visited. The other study, an independent research project using econometric methods to determine the causative relevance of provided assistance, found OTA's service to be an explanatory factor associated with significant toxics use and byproduct reductions.     

How the Toxics Use Reduction Act continues to promote clean production Internationally

The Massachusetts’ Toxics Use Reduction Act (TURA) of 1989 set an important milestone in the roadmap to Clean Production. The Act’s focus on a clear definition, methodology, and mandatory planning requirements have proved successful in getting companies in Massachusetts to reduce their use of toxic chemicals in manufacturing processes. Such results are inspirational for government officials and advocacy groups attempting to reduce toxic emissions in their communities and set progressive chemicals use policies. This paper will summarize three initiatives where TURA was a catalyst and continues to impact international chemicals policy: the Sewer Use By-law in Toronto, Canada; the European Union’s REACH chemicals legislation and the international campaign by Greenpeace in Asia and Latin America to achieve zero discharge of hazardous substances into rivers. The example of Toronto and REACH show how one or more essential aspects of TURA were incorporated into legislation. In the case of REACH TURA’s requirement of mandatory planning became an important example and NGO demand during the formation of Europe’s new chemicals regulation and resulted in the first substitution assessment planning requirement in EU wide legislation. Work is now ongoing to promote TURA type legislation in Latin America and Asia. However the ability to transfer the TURA framework to regions with inadequate government oversight and cheap disposal costs is seriously hampered. Although NGO campaigns in Asian and Latin America advocate zero discharge of hazardous emissions through toxics use reduction and elimination, much training and accountability will be needed within government and companies to understand the benefits of toxics use reduction and actually implement all or parts of the TURA framework. The Toxics Use Reduction Act came into force in 1989 with high environmental awareness, an engaged citizenry and a responsive government entity. Perhaps these are the same conditions that must exist for its successful transference to industrializing countries.     

Toxics Use Reduction in the Home: Lessons Learned from Household Exposure Studies

Workers and fence-line communities have been the first to benefit from the substantial reductions in toxic chemical use and byproducts in industrial production resulting from the Massachusetts Toxics Use Reduction Act (TURA). As TURA motivates reformulation of products as well as retooling of production processes, benefits could extend more broadly to large-scale reductions in everyday exposures for the general population. Household exposure studies, including those conducted by Silent Spring Institute, show that people are exposed to complex mixtures of indoor toxics from building materials and a myriad of consumer products. Pollutants in homes are likely to have multiple health effects because many are classified as endocrine disrupting compounds (EDCs), with the ability to interfere with the body’s hormone system. Product-related EDCs measured in homes include phthalates, halogenated flame retardants, and alkylphenols. Silent Spring Institute’s chemical analysis of personal care and cleaning products confirms many are potential sources of EDCs, highlighting the need for a more comprehensive toxics use reduction (TUR) approach to reduce those exposures. Toxics use reduction targeted at EDCs in consumer products has the potential to substantially reduce occupational and residential exposures. The lessons that have emerged from household exposure research can inform improved chemicals management policies at the state and national levels, leading to safer products and widespread health and environmental benefits.     

Local governments reduce costs through pollution prevention

The Pollution Prevention 1997: A National Progress Report identifies pollution prevention initiatives as potentially the most effective for reducing risks to human health and the environment, as well as the most cost-effective method of environmental protection. So it is no surprise that much of the implementation of pollution prevention by local governments has been driven due to the cost savings it provides. Pollution prevention initiatives have been proven to reduce costs, improve efficiency, reduce risk, reduce liability, and provide a safer work environment. However, as many local governments have experienced budget and resource reductions, their pollution prevention programs have been impacted. Local governments, working to continue pollution prevention initiatives in spite of declining budgets, have had to change their approaches, be creative, and innovate. Montgomery County, Maryland has implemented a number of pollution prevention strategies for its own County operations. The linkages established between cost savings they achieve and environmental benefits provided have been used to continue to expand the County's pollution prevention efforts. This paper provides an overview of the pollution prevention measures and approaches that have been implemented in Montgomery County for its internal operations.     

发达国家和地区污染场地法律制度体系及启示

我国正在起草《土壤污染防治法》,这将为我国土壤、场地污染防治管理提供基本法律依据,并逐步建成完善的污染场地管理的法律制度体系。其中,监管体系、资金体系和责任体系是污染场地管理体系中的3大重要方面。美国、日本等发达国家和我国台湾地区在各自污染场地管理法律制度体系中,均规定了明确的监管主体,采用了多样化的监管手段,建立了可持续的污染场地专项基金,确定了明晰的责任判定和追究原则,为我国场地污染防治立法和制度设计中监管体系、资金体系和责任体系的建设提供了宝贵的借鉴。     

关于建立我国光污染防治体系的思考与建议

本文对建立符合国情的光污染防治体系提出相关建议。首先阐述了光污染的概况;然后对国内外光污染防治的立法现状进行研究和探讨;最后提出具体的立法构想。与欧美和日本等发达国家相比,我国的光污染防治工作才刚起步,关于光污染防治的环境立法还是空白,对光污染防治的系统性研究处于初始阶段。以经济、生态的可持续发展为指导思想,采用符合国情的立法模式,修订《中华人民共和国环境保护法》,制定光污染防治单行法《光污染防治法》,制定光环境质量标准和排放标准,建立光污染防治体系,全面防治光污染。     

Estimated chemical usage by manufacturers in Connecticut

Background

There is little available data on chemical use patterns by companies, with few federal requirements for reporting. This results in difficulties for targeting toxics for possible substitution, assisting employers with complying with newer international regulations, and decreased ability to estimate health and environmental impacts.

Methods

Massachusetts chemical use data for manufacturers required under the Toxics Use Reduction Act (TURA) was acquired, with corresponding information on industrial sector classification and employment levels by sector for both Massachusetts (MA) and Connecticut (CT). The MA chemical data was adjusted based on the ratio of employment levels by sector for CT compared to MA to give estimates of chemical usage by sector in CT.

Results

It was estimated that there was over 660 million pounds of chemicals used in CT, with over 300 million pounds each of carcinogens and reproductive hazards (categories overlap). The most common chemicals estimated to be used were styrene monomer (266 million lbs.), sodium hydroxide (60 million lbs.), and methanol (50 million lbs.). The industrial sub-sectors estimated with the highest chemical usage were chemical manufacturing, plastics and rubber products manufacturing, and fabricated metal product manufacturing.

Conclusion

There is extensive chemical use in CT manufacturing, but little direct information on actual use patterns.     

我国大气污染协同防控理论框架初探

我国大气污染防治工作在“十三五”期间取得了可喜成绩,PM_2.5浓度及重污染天数大幅降低,与此同时,我国城市地区臭氧(O₃)污染问题凸显,说明我国大气污染格局发生了深刻变化. 当前,PM_2.5与O₃成为影响我国城市和区域空气质量的主要因子,二者的协同控制是我国持续改善空气质量的焦点,也成为我国“十四五”期间大气污染防治工作的重点. 本文通过对国内外PM_2.5和O₃协同控制进展的梳理,总结我国大气复合污染协同治理的现状与挑战,从协同防控目标、核心协同任务、重点支撑保障等角度提出大气复合污染协同治理的理论框架,并对我国PM_2.5与O₃协同控制工作提出以下几点建议:①坚持科学精准治气;②坚持综合系统治气;③坚持严格依法治气;④坚持多维协同治气.      

关于修改《水污染防治法》的几点思考

以现代环境伦理观为指导分析修改水污染防治立法目的,然后以水权体系构建水环境管理权体系来完善水污染防治管理体制,最后从法律责任方式角度提出了完善水污染防治法律责任制度的建议,以期促进水污染防治法的完善,保障和改善我们赖以生存的水环境。     

机动车污染防治政策研究

机动车污染已成为城市大气污染的主要污染源之一。并且机动车的噪声污染及废旧汽车的废物污染也越来越严重。中国已初步建立了以《大气污染防治法》为主干，以《环境噪声污染防治法》为辅助的机动车污染防治法规体系，但在管理思想及管理手段和管理环节上仍需进一步完善。     

环境法中预防性民事责任形式的探讨

分析了传统民法中损害赔偿责任在环境法中的局限性、并对停止侵害、排除妨碍、消除危险等预防性民事责任形式在环境法中的意义和作用,进行了探讨。同时,依据环境、经济、社会效益相统一的原则,论述了在确认预防性民事责任中,进行利益衡量的重要性。     

污染气象与火电厂除尘效率关系探讨

秦岭淮河以南地区具有平原型气象特征，大气污染扩散有其地域性规律。大型火力发电厂在地方大气污染防治中有着举足轻重的地位。探讨平原型污染气象与火电厂除尘效率的关系，寻求大气污染物 总量控制的途径。     

中国土壤污染防治管理体系思考

对中国土壤污染防治管理体系法律、法规、规范性文件及标准体系等进行了总结和分析,得出中国现行土壤污染防治管理体系存在执法依据空缺、系统性缺乏、可操作性差和协调性弱等问题.在此基础上,对中国土壤污染防治管理体系提出改善建议,如加快立法进度,土壤污染防治法需考虑与其他环境要素保护法律之间的衔接,明确各方责任,完善土壤标准体系等.尽快完善中国土壤污染防治管理体系,为中国土壤污染防治工作提供有力的法律保障.     

欧洲环境空气臭氧污染防治历程、经验及对我国的启示

随着《大气污染防治行动计划》和《打赢蓝天保卫战三年行动计划》的深入实施,我国环境空气质量总体得到明显改善,大气颗粒物污染整体减轻,与此同时臭氧污染问题逐渐凸显,臭氧已成为继PM_2.5后影响城市空气质量改善和达标管理的另一主要空气污染物.欧洲作为国际上较早开始关注臭氧污染的地区之一,虽然尚未完全解决这一问题,但已取得了一定成效并积累了较为丰富的经验.目前我国的臭氧污染防治工作尚处于起步阶段,面临着多方面的挑战,研究欧洲臭氧污染防治经验对推进我国臭氧防控具有重要的指导意义.该研究全面收集和整理了欧洲国家臭氧污染防治相关法律法规、标准和管理制度等资料,梳理欧洲国家臭氧污染防治历程,分析欧洲国家臭氧前体物排放量变化趋势及臭氧污染演变特征;在此基础上,总结欧洲臭氧污染防治经验,结合对我国目前开展的臭氧污染防治工作以及存在不足的分析,得出对我国臭氧污染防控的几点启示:①加强臭氧污染防治顶层设计;②完善基础支撑科技能力建设;③深化臭氧污染防治科学研究;④加快长效环境行动计划的制定;⑤构建区域协调与协作机制.      

淮河污染特点及防治

淮河是我国七大河流之一，是洪泽湖的主要补给水源。近几年淮河污染日趋严重，直接影响沿淮经济发展和人民生活，对洪泽湖开发和南水北调产生质的影响。淮河流域水文、水质条件决定了淮河水质转好存在极大的困难，进一步加强点源控制、着力开展区域综合防治、经环境法制观念、开辟污水新出路，对根治淮河污染是有效的。     

同江市面源污染的调查及治理对策

同江市面源污染的来源及近年来在面源污染治理方面取得了初步成绩,提出了今后应从行政,法律和技术方面出发,制定相应的治理水土流失,城市规划,农村规范管理及人畜等方面的治理措施.同时也提出对同江市面源污染的研究与治理仅仅是初步探讨,今后还要结合实际工作,做进一步的研究与探讨,以便为同江的发展提供一个更好的平台,创造一个和谐的发展空间.     

重金属污染防治立法论纲

当前我国重金属污染日趋严重,正在经历着从工业向农业转移、从城市向农村转移、从地表向地下转移、从上游向下游转移、从水土污染向食品污染转移,由逐步积累的污染进入突发性、区域性、连锁性的爆发阶段。但现有环境立法在应对重金属污染方面存在不足,因此探索重金属污染治理新道路,完善重金属污染防治法律迫在眉睫。     

Pollution prevention and industrial transformation Evoking structural changes within companies

Pollution prevention has developed as an attractive method for improving the environmental performance of companies. Often the concept is promoted in a project format, for instance in a regional perspective or for a specific sector of industry. This article analyzes the contribution of pollution prevention projects to the transformation of industry. Different formats that have been carried out in the Netherlands during the last 8 years are evaluated in terms of direct results (implemented measures and their effects) and long-term effects. The main issue in this article is what contribution pollution prevention has in evoking structural changes towards more sustainable behavior in companies. The general conclusion is that pollution prevention is at least potentially a powerful and interesting concept. The current formats used to promote pollution prevention show some serious deficits, especially in failing to elicit a learning process within participating companies. The trend towards the use of quickscans as a prevention method is worrying in this respect. Some recommendations are given to improve future projects.