Toxic Use and Hazardous Waste Reduction (TUHWR)
The intent of toxic use and hazardous waste reduction (TUHWR) planning is to encourage entities to reduce their use of toxic substances and/or their generation of hazardous waste, whenever technically and economically practicable, and without shifting risks from one part of a process, environmental medium, or product, to another. In order to achieve the stated goals, Vermont Statute: 10 V.S.A. Chapter 159 Sections 6623-6633 requires facilities that meet specific criteria to develop a plan for reducing toxic use and/or hazardous waste generation. The implementation of these plans is not required by statute. However, the required planning process itself is intended to provide facilities with a summary of their toxics use and hazardous waste generation and serves as an opportunity to consider alternative approaches that might result in reductions.
The specific goals of planning are to:
- eliminate or reduce the use of hazardous, particularly toxic, materials, wherever feasible;
- reduce the generation of hazardous waste;
- reduce the release of chemical contaminants into the environment that have adverse and serious health or environmental effects; and
- document hazardous waste reduction and toxics use reduction information and make that information available to state and local government and the public.
Who Needs to Plan?
The statute requires entities that generate greater than 2,640 pounds per year of hazardous waste, and/or manufacturers (SIC Codes 20-39) that use 1,000 pounds or more per year of certain chemicals--specifically, EPA Toxic Release Inventory (TRI) listed chemicals--to prepare plans to reduce the generation and/or use of these materials. The current list of chemicals is provided below, as is a link to EPA's TRI webpage:
- TRI List of Chemicals for Reporting (MS Excel)
- TRI List of Chemicals for Reporting (PDF)
- EPA's TRI webpage
The Planning Process and Requirements
The purpose of TUHWR planning is to identify opportunities to reduce or eliminate the use of toxic chemicals and the generation of hazardous waste at the source rather than treating or controlling these materials after they have been created or used. In an effort to assist entities in developing a plan, we have created a Planning Guide and a series of Worksheets. Entities that are subject to planning must also file an Annual Progress Report and pay an Annual Fee. These forms and related resources can be accessed below.
TUHWR Plans (due July 1, 2023; every three years):
We recommend that all planners, especially entities that are developing a TUWHR Plan for the first time, read and use the following guide prior to completing the Worksheets:
- Planning Guide (PDF)
As noted in the Planning Guide, in order to fulfil the requirement for developing a TUHWR Plan, planners must submit one of the following by July 1, 2023:
- Complete Plan - Worksheets 1-10 (fillable PDF) - recommended
- Plan Summary - Worksheets 1, 2, 10, and related Certification Form (fillable PDF)
- EMS Alternative Application (fillable PDF) - if applicable
Other Resources for TUHWR Plans:
Annual Progress Reports (due March 31, annually):
Planners are required to submit reports electronically by March 31 of the year following the reporting year. The next Annual Progress Report (for the year 2023) is due March 31, 2024. The updated form with directions for submitting can be accessed below:
- Annual Progress Report form (fillable PDF)
Annual Fee Calculation:
Planners are required to pay Annual Fees through ANR Online by March 31. The next Annual Fee (for the year 2023) is due March 31, 2024. Planners that cannot comply with the online payment requirement may request a waiver in order to mail a paper check. Waivers will only be issued to planners that meet at least one of the following circumstances: issues related to equipment or software, connectivity, limited digital or technological proficiency, or lack of credit card or bank account. Paper checks submitted without an approved DEC waiver will be returned. If you have questions about making online payments, need to request a waiver, or are unsure whether you have unpaid fees, please contact:
You are encouraged to use the following calculator to assist you with determining the Annual Fee for your facility:
- Fee Calculator (MS Excel)
Annual Fees are as follows:
- $400 per toxic chemical.
- $400 per hazardous waste stream.
- Up to a maximum amount of:
- $2,000 per plan for Class A generators.
- $400 per plan for Class B generators.
- $2,000 per plan for large users.
- $4,000 per plan for Class A generators that are large users.
- $1,200 per plan for Class B generators that are large users.
Toxic Use and Hazardous Waste Reduction Resources on the Web
- Zero Waste Network - search for TUHWR case studies by industry type, process type, or type of waste reduced
- Healthcare Environmental Resource Center - pollution prevention and compliance assistance information for the healthcare industry
- Toxics Use Reduction Institute (TURI) at UMASS Lowell
- OSHA Transitioning to Safer Chemicals Toolkit
- Subsport - chemical substitution support portal with ingredient and case study database
- Chemhat - chemical hazards and alternatives toolbox showing health effects, hazards, environmental impacts, and safer alternatives
- Washington State Department of Ecology - finding safer alternatives to toxic chemicals
- EPA's Safer Choice labeling program
- Green Seal Certified Products
- Electronic Product Environmental Assessment Tool
- Energy Star, Energy Efficient Products
- UMass Lowell Toxics Use Reduction Institute (TURI)
- EPA Sustainable Marketplace for greener products and services
If you have questions about TUHWR planning, please contact: