Massachusetts industry has a lot on its plate in 2023, and MCTA is keeping members informed. Here are some key issues – legislative, regulatory, and even federal – that we are tracking.

Cumulative Impact Analysis & Air Permitting:
Under newly promulgated MassDEP Cumulative Impact Analysis (CIA) regulations, beginning July 1, 2024, facilities applying for a new or amended Major or Non-Major Comprehensive air permit within a defined radius of a designated Environmental Justice (EJ) community will be required to undertake additional regulatory analysis as part of the approval process The new cumulative impact analysis requirement includes additional public outreach, an assessment of existing community conditions, air modeling and an analysis of cumulative impacts before any permits are granted. While exact requirements to comply with the new regulation are still being finalized, we expect that some may be onerous or even prohibitive for industries exploring siting or expanding in Massachusetts, delaying or derailing some projects if the process is not followed exactly.
For further information:
MassDEP Air Quality Advisory Committee Fee Increase Proposal
Final CIA Regulations
MCTA’s Comments on the Draft CIA Regulations
MassDEP’s CIA Website: Legislation, Proposed Regulations, Meeting Recordings, Schedule.

PFAS:
Discussions related to new laws regulating or prohibiting the sale, use, disposal and cleanup of PFAS and products containing PFAS are expected to remain active during the remainder of this legislative session, which ends July 31. Of particular concern is a comprehensive PFAS bill (HB4486) that affects all manufacturers of PFAS in the Commonwealth and bans the use of PFAS in personal care and consumer products. In addition, the Massachusetts TURA program added a PFAS NOL category to their list of Hazardous or Toxic Chemicals, which may require new reporting obligations for impacted facilities. On the federal side, the Environmental Protection Agency (EPA) added PFOS and PFOA under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) also known as the Superfund Law. This action may make any company that intentional or inadvertently used PFAS liable for costs related to the cleanup of contaminated sites.
MCTA Comments H4486
TSCA Section 8(a)(7) Record Keeping Requirements for PFAS
H. 2197: Comprehensive PFAS Legislation
MCTA Comments on Comprehensive PFAS Bill
TURA PFAS Reporting Guidance
AG Healey 2022 Lawsuit Targeting PFAS Manufacturers
PFAS Prevention Model Act
Minnesota PFAS Law

TURA Ad Hoc Committee:
The Ad Hoc Committee convened under the Baker Administration released its “Synthesis Report” in 2022. The Report was purported to be a synopsis of the discussions of the ad hoc committee held to discuss changes to the TURA law over a previous 16 months. MCTA did not believe that the report incorporated MCTA’s input or input from its members.
TURA Synthesis Report and Ad Hoc Com https://www.mass.gov/resource/tura-program- strengthening-ad-hoc-committeemittee Background Documents
MCTA Response to Synthesis Report
Background Documents on Issues Discussed including Fee Increase, Planning Cycles. Waivers and Chemical listings

TURA Fee Increase:
Fee increases on the use of regulated chemicals under TURA remains an ongoing, annual concern for TURA filers, which includes many MCTA members. Fee increases were considered in 2023, and MCTA raised significant concerns related to the planned increases to the Healey-Driscoll Administration, which so far has not acted on any fee recommendations While the TURA program has never implemented an annual increase as allowed under the original 1989 law, amendments to the law in 2006, allowed the program to increase fees as it sees appropriate and necessary. With the entire financial burden of the program on the shoulders of a dwindling universe of user categories identified in the original law, the current fee system is unsustainable and unfair. For the past decade, MCTA has successfully argued that fees should not be increased until changes are made to the program and that manufacturing industries alone should not be responsible for the large financial burden of the program. The fee increase was among the topics discussed by the recently convened TURA Ad Hoc Committee, which was assembled to examine the existing program and make changes to modernize it.
MCTA Testimony Opposing a Fee Increase

Nano Objects & Nanomaterials:
In 2021, TURA regulations were amended to “clarify” its definition of “substances” to include: “any agent or material including but not limited to: pure chemicals with a specific chemical and structural identity; and categories or groups of chemicals, compounds or mixtures that share similar, identifiable characteristics such as, but not limited to, elemental composition, chemical formula, chemical structure, chemical properties, physical properties, functional groups or chemical manufacture.” During deliberations, MCTA strongly objected to the inclusion of the phrase “physical properties, functional groups, or chemical manufacture” because it does not restrict the listing of a universe of substances to those sharing any chemical similarities. In 2022, the Science Advisory Board (SAB) began discussions on adding Carbon Nanotubes and Nanofibers (CNT and CNF) to the TURA List of Toxic or Hazardous Substances. In 2022 & 2023, the SAB voted to recommend listing. Remaining under discussion is a petition to list CNTs and CNFs as higher hazard substances with a reporting threshold of 100g.
CNT & CNF Presentation for TURA
Petition for Consideration of Regulation of CNFs and CNTs
Background Information for Threshold Determination

Flame Retardants:
A new law regulating the use of flame retardants (An Act to Protect Children, Families and Firefighters from Harmful Flame Retardants), was signed into law on January 1, 2021. The law directed MassDEP to consult with TURI and the SAB to review additional flame retardants no longer than every three years in order to consider additional flame retardants for banning. (The SAB’s involvement in discussions of banning chemicals is outside TURI’s statutory scope but was mandated in the new law) The SAB is currently engaged in reviewing additional flame retardants.
FR Presentation Updated May 12, 2023
TURI Introduction to Scope and Direction of Discussion
Flame Retardant CASIsomer Analogues

Energy and Climate:
Any MCTA member who has paid an electric or gas bill recently knows how volatile and onerous energy prices have become. The winter of 2023 saw some of the highest electric and gas prices ever, and many businesses were unprepared for the rate shock – and this impacted their ability to operate in Massachusetts. While other states also saw increases during that time (primarily due to the Ukraine war), Massachusetts consumers were hit hard due to higher natural gas prices. Even though prices have moderated somewhat, Massachusetts still has some of the highest overall energy costs in the continental United States.

As such, in the coming years, MCTA will ramp up its emphasis on bringing members information on new energy efficiency programs and rebates through the state’s energy efficiency program – MASS SAVE - as well as advocate for issues that will help moderate prices (such as new transmission upgrades) that are needed. The MASS SAVE rebate program is mostly funded through surcharges on electric and gas bills and there are many new programs that could help reduce energy use. Combined with potential new incentives for energy upgrades under the federal Inflation Reduction Act, now is the right time to act on reducing energy usage to save money.

Reaching the goals set out for greenhouse gas reductions for 2025 and beyond may require additional restrictions on fossil fuel use, including restrictions (and in some cases bans) on natural gas usage through more restrictive regulations and building codes. MCTA will monitor and comment of these issues and bring members the most updated and useful information possible concerning energy and climate. MCTA will be at the table to participate in the ongoing discussions about energy costs, climate change, and environmental justice.

Solid Waste:
Landfills are reaching capacity, and permits to increase capacity denied, forcing a capacity constriction acknowledged in the state’s most recent solid waste master plan. Intended to drive recycling of waste, this lack of disposal capacity is affecting industrial, business and real estate development. Disposal of Textiles were banned starting November 2022; and, we will be watching for further capacity restrictions, waste bans, and incentives Massachusetts may give to promote greater recycling to achieve waste reduction goals.
In November, 2022, Massachusetts added textiles to the list of banned from Disposal or transport for disposal in Massachusetts;
Massachusetts 2030 Solid Waste Master Plan.

Toxic Substances Control Act (TSCA) /Lautenberg Chemical Safety Act for the 21st Century:
On the Federal side, EPA has been directed to evaluate risk posed by certain chemicals and, if unreasonable risk is posed, create regulations setting exposure limit concentrations and other restrictions.

There are a number of chemicals that are being evaluated by EPA and you can check which chemicals are on the list and the risk evaluations made by EPA. https://www.epa.gov/assessing-and-managing- chemicals-under-tsca/chemicals-undergoing-risk-evaluation-under-tsca
Assessing and Managing Risk Under TSCA;
EPA published in April, 2023, a proposed rule to ban the manufacture, processing, distribution, and commercial/industrial use of methylene chloride under TSCA Section 6A.

This & That:
- TURA Administrative Council Moves Listing of DDAC and ADBAC to Regulatory Process on a Divided Vote 3-2-1 Vote
- MCTA weighed on the State’s Climate Office’s application for a Climate Pollution Reduction Planning Grant through is submission of a work plan.
- TURI is revising its policy paper on Quaternary Ammonium Compounds (QACs), which is expected to be included in the Advisory Committee’s docket in 2023.
- EPA in April 2023 posted it intends to conduct a rulemaking to address PFAS discharges from a subset of metal finishing and electroplating point source categories.
- MCTA is also tracking bills, policies, and regulations relating to energy costs and availability, Environmental Justice and Climate Change. Additional details will be posted in the near future.

MCTA’s Legislative Watch list:
MCTA keeps tracks bills filed in the Massachusetts Legislature, and weighs in on behalf of its members when issues of concern are discussed. This list summarizes bills we are watching in for the 2023-2024 session. We provide updates on hearings, actions and outcomes and solicit input from impacted members.
Legislation we are watching