Port Ludlow Workgroup ReportPort Ludlow Workgroup Report

Precautionary PrinciplePrecautionary Principle

2003 NW HW Conference, Pasco, WA2003 NW HW Conference, Pasco, WAJune 1-6June 1-6

Marni SolheimMarni SolheimWashington Department of EcologyWashington Department of Ecology

Solid Waste and Financial Assistance ProgramSolid Waste and Financial Assistance Program4601 N. Monroe4601 N. Monroe

Spokane, WA 99205-1295Spokane, WA 99205-1295(509) 329-3564(509) 329-3564

msol461@ecy.wa.govmsol461@ecy.wa.gov

Background – Last year’s working conference Background – Last year’s working conference in Port Ludlowin Port Ludlow

Recurring theme – “Do no harm” or Recurring theme – “Do no harm” or Precautionary PrinciplePrecautionary Principle

Individuals interested in the Precautionary Individuals interested in the Precautionary Principle decided on an action planPrinciple decided on an action plan

Workgroup set up three action steps to complete Workgroup set up three action steps to complete before this year’s conferencebefore this year’s conference

1.1. Gather data – What exactly is the Gather data – What exactly is the Precautionary Principle? Who’s done it? Precautionary Principle? Who’s done it? What would legislation look like?What would legislation look like?

2.2. Draft legislation based on existing modelsDraft legislation based on existing models

3.3. Develop scoping paper about project for Develop scoping paper about project for decision-makers to see if and how to decision-makers to see if and how to proceedproceed

There are many variations of the Precautionary There are many variations of the Precautionary Principle.Principle.From the 1992 Rio Declaration:From the 1992 Rio Declaration:

In order to protect the environment, the In order to protect the environment, the precautionary approach shall be widely precautionary approach shall be widely applied by States according to their applied by States according to their capabilities. Where there are threats of serious capabilities. Where there are threats of serious or irreversible damage, lack of full scientific or irreversible damage, lack of full scientific certainty shall not be used as a reason for certainty shall not be used as a reason for postponing cost-effective measures to prevent postponing cost-effective measures to prevent environmental degradation.environmental degradation.

Canadian Environmental Protection Act (CEPA)Canadian Environmental Protection Act (CEPA)

Categorize 23,000 existing substances on PBT, Categorize 23,000 existing substances on PBT, toxicity, potential for exposuretoxicity, potential for exposureNew substances require more data before they New substances require more data before they can be manufactured or importedcan be manufactured or importedVirtual elimination of substances that are toxic, Virtual elimination of substances that are toxic, enter the environment, are persistent, and enter the environment, are persistent, and bioaccumulatebioaccumulate

Minnesota Product Stewardship Policy InitiativeMinnesota Product Stewardship Policy Initiative

Reduce or eliminate toxic and hazardous Reduce or eliminate toxic and hazardous constituents of products and product components constituents of products and product components throughout life cyclethroughout life cycleSelect priority products to look at first – carpet, Select priority products to look at first – carpet, electronics, paint – due to toxicity, volume electronics, paint – due to toxicity, volume discarded, potential for recyclingdiscarded, potential for recycling

U.S. Toxic Substances Control Act (ToSCA)U.S. Toxic Substances Control Act (ToSCA)

Manufacturers of new chemicals must show Manufacturers of new chemicals must show that they do not present that they do not present unreasonableunreasonable risk or risk or EPA may limit or prohibit distributionEPA may limit or prohibit distributionPesticides are exemptPesticides are exemptEconomic considerationsEconomic considerationsMust limit or prohibit Must limit or prohibit by ruleby rule

US Consumer Product Safety CommissionUS Consumer Product Safety Commission

Federal Hazardous Substances ActFederal Hazardous Substances Act

Commission can ban by rule a hazardous Commission can ban by rule a hazardous household product if cautionary labeling is household product if cautionary labeling is inadequate to protect public health (e.g. leaded inadequate to protect public health (e.g. leaded paint)paint)Does not regulate drugs and pesticidesDoes not regulate drugs and pesticides

Federal Hazardous Substances Act cont’d.Federal Hazardous Substances Act cont’d.

In setting priorities for commission action, In setting priorities for commission action, must consider must consider • Frequency/severity of injuryFrequency/severity of injury• Causality of injuryCausality of injury• Chronic illness and future injuryChronic illness and future injury• Cost/benefit of actionCost/benefit of action• Unforeseen nature of riskUnforeseen nature of risk• Vulnerability of populationVulnerability of population• Probability of exposureProbability of exposure

Also looked at:Also looked at:

Germany’s Chemical ActGermany’s Chemical ActBergen DeclarationBergen DeclarationEuropean Community TreatyEuropean Community TreatyHelsinki ConventionHelsinki ConventionHague DeclarationHague DeclarationSome court casesSome court casesBritish Columbia’s Post-Consumer Residual British Columbia’s Post-Consumer Residual Stewardship Program RegulationStewardship Program Regulation

Workgroup mimicked BC’s Product Workgroup mimicked BC’s Product Stewardship Regulation in getting draft Stewardship Regulation in getting draft Precautionary Principle legislation together.Precautionary Principle legislation together.

Umbrella regulation that ties in certain priority Umbrella regulation that ties in certain priority products – CRTs, pesticidesproducts – CRTs, pesticidesDraft was more product stewardship than Draft was more product stewardship than Precautionary PrinciplePrecautionary PrincipleTook some time off to do more researchTook some time off to do more research

From 2001 article in Scientific American, quote From 2001 article in Scientific American, quote from Christine Todd Whitman:from Christine Todd Whitman:

““policy makers need to take a precautionary policy makers need to take a precautionary approach to environmental protection…We approach to environmental protection…We must acknowledge that uncertainty is inherent must acknowledge that uncertainty is inherent in managing natural resources, recognize it is in managing natural resources, recognize it is usually easier to prevent environmental damage usually easier to prevent environmental damage than to repair it later, and shift the burden of than to repair it later, and shift the burden of proof away from those advocating protection proof away from those advocating protection toward those proposing an action that may be toward those proposing an action that may be harmful.”harmful.”

WA DOT Secretary Doug MacDonald about WA DOT Secretary Doug MacDonald about using herbicides along roads in a May 30 article using herbicides along roads in a May 30 article realizes there are many uncertainties about using realizes there are many uncertainties about using herbicides: How risky are they? Do they cause herbicides: How risky are they? Do they cause reproductive problems?reproductive problems?

““The worst of it isn’t what we know, it’s what we The worst of it isn’t what we know, it’s what we don’t know.”don’t know.”