NAHMMA Conference - PBT Rule September 22, 2005

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Developing a PBT Regulation in Washington State Mike Gallagher, Washington State Dept. of Ecology20th Annual Hazardous Materials Conference – Tacoma, WASeptember 18 - 23, 2005

NAHMMA Conference - PBT Rule September 22, 2005

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What are PBTs?“Persistent Bioaccumulative Toxins”

Naturally occurring or human-made chemicals that: Remain in the environment for a long time

Persistent Build up in human or animal tissues

Bioaccumulative Have adverse effects on living organisms

Toxic Also can readily migrate between the air,

land and water and travel long distances

NAHMMA Conference - PBT Rule September 22, 2005

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Background

August 1998 – Public announcement on developing PBT Strategy.

August 2000 - Issued draft PBT Strategy for public review.

January 2001 - Submitted proposed PBT strategy to the Legislature

June 2002 – Released “Draft PBT Working List”

January 2003 – Completed a chemical action plan for mercury.

April 2003 – Legislature passes Mercury Education & Reduction Act.

January 2004 – Executive Order 41-01 on PBTs – develop a PBT Rule

April 2004 – Supplemental Budget Funding from State Legislature to develop a PBT Rule and PBDE Chemical Action Plan

NAHMMA Conference - PBT Rule September 22, 2005

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Executive Order & Supplemental Budget Language Define the PBT Rule Scope

Establish specific criteria for use in identifying PBTs

Develop a specific list of PBTs

Establish criteria for selecting chemicals for chemical action plans (CAPs)

Establish process for developing CAPs

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However, legislation also stated….

Any pesticide with valid registration under the FIFRA or any fertilizer regulated under the Washington Fertilizer Act shall not be included in a persistent bioaccumulative toxin rulemaking process, list, or chemical action plan undertaken by the Department of Ecology.

Ecology to develop the criteria and PBT list consistent with the Administrative Procedures Act and shall not adopt the rule prior to the adjournment of the 2005 legislative session.”

NAHMMA Conference - PBT Rule September 22, 2005

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Process Steps Taken to Prepare PBT Rule Language

Ecology created an external “PBT Rule Advisory Committee” in the August 2004

Ecology met six times with the PBT Rule Advisory Committee to discuss rulemaking issues and draft rule language.

Ecology submitted draft PBT rule language to the Governor in January 2005.

The proposed rule language is largely unchanged from the version submitted to Governor.

NAHMMA Conference - PBT Rule September 22, 2005

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Proposed PBT Rule is Divided Into Four Main Parts

Part 1 – General Provisions Part 2 – Definitions Part 3 – The PBT List and Criteria and

Procedures for Revising the List Establish criteria for use in identifying PBTs Specific list of PBTs

Part 4 – Chemical Action Plans (CAPs) Criteria for selecting chemicals for CAPs Process for developing CAPs

NAHMMA Conference - PBT Rule September 22, 2005

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Criteria for Identifying PBTs

Persistence Media-Specific Half Life > 60 days

Bioaccumulation BAF/BCF > 1000

Toxicity Potential to be toxic to humans (cancer,

teratogenic effects, reproductive effects, neurological disorders, etc)

Potential to be toxic to plants and wildlife Bioavailability (metals only)

NAHMMA Conference - PBT Rule September 22, 2005

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Proposed Chemicals for the PBT List in the draft PBT Rule

Metals Flame Banned Pesticides Organic

Retardants Chemicals

Cadmium PBDEs Aldrin/Dieldrin 1,2,4,5-TCB Lead Tetrabromobisphenol A Chlordane Perfluoro-octane sulfonates Mercury Hexabromocyclododecane DDT/DDD/DDE Hexachlorobenzene Pentachlorobenzene Heptachlor Epoxide Hexachlorobutadiene Combustion Toxaphene Short-chain chlor parraffin By-Products Chlordecone Polychlrned Naphthalenes PAHs Endrin Di-n-hexyl phthalate (DNHP)

PCDD/PCDF Mirex Di-isodecyl phthalate (DIDP) PBDD/PBDF Banned Nonylphenol

Flame Retardants Banned Organic

Hexabromobiphenyl Chemicals PCBs

NAHMMA Conference - PBT Rule September 22, 2005

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Selecting Chemicals from PBT List for the Development of CAPs

Selection Factors Relative Ranking (based on PBT characteristics, releases,

uses, levels) Opportunities for reduction Multiple chemical releases and exposures Sensitive population groups and high-exposure populations Existing plans or regulatory requirements Available information

Multi-year schedule, coordinated with Dept. of Health

Opportunity for Public Review and Comment

NAHMMA Conference - PBT Rule September 22, 2005

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Contents of Chemical Action Plans

CAP Contents General chemical information Production, uses, and releases Human health and environmental impacts Current Management Approaches (regulatory/non-regulatory) Identification of policy options Recommendations Implementation Steps Performance Measures Regulatory Consistency Economic analyses Safer Substitutes

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Process for Preparing Chemical Action Plans

CAP Process Plan and scope the CAP Create advisory committee Collect information Develop draft recommendations Public review and comment of draft CAP Final recommendations/Final CAP Coordinate with other agencies

NAHMMA Conference - PBT Rule September 22, 2005

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Summer 2005 - Public Comment on Draft PBT Rule

Public comment on draft PBT Rule held from June 1 – July 29, 2005 Received comment letters from:

23 organizations 7 individuals 370 e-mails (all of these comment letters are posted on the PBT

Rule web page)

Public Hearing held on July 13, 2005 34 people attended, 21 provided public testimony

NAHMMA Conference - PBT Rule September 22, 2005

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Key Comment Areas

Have a clear and transparent decision-making process Consistent phrasing Format of PBT List

Consideration of scientific information and the precautionary principle

“credible scientific information” definition Metals Add chemicals/remove chemicals

Policy choices underlying the proposed PBT Rule P, B and T vs. P or B and T Consistency with federal and international programs

Administrative efficiency Develop a “multi-year” schedule

NAHMMA Conference - PBT Rule September 22, 2005

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Based on Public Comment received, Ecology…

Determined several revisions were needed in response to those comments.

Concluded that several of the planned revisions represent “substantial variances” from the original proposed rule.

So..Ecology to re-propose the PBT rule to provide public with the opportunity to review and comment on revised rule language.

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Next Steps

Revised proposed rule published in the October 5, 2005 State Register

Public hearing – Late October 2005

30-Day Public comment period ends, Friday, November 4, 2005

Finalize Rule - December 2005

And complete “Response to Comments” received on draft PBT Rule from the June 1- July 29 AND Oct. 5- Nov 4 comment periods

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Additional Information

Ecology PBT Rule Web Page:

http://www.ecy.wa.gov/programs/eap/pbt/rule/index.html

ORContact

Mike Gallagher P: 360-407-6868

mgal461@ecy.wa.gov