Developing a PBT Regulation in Washington State
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Developing a PBT Regulation in Washington State Mike Gallagher, Washington State Dept. of Ecology 20 th Annual Hazardous Materials Conference – Tacoma, WA September 18 - 23, 2005. What are PBTs? “ Persistent Bioaccumulative Toxins”. Naturally occurring or human-made chemicals that:

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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


What are pbts persistent bioaccumulative toxins
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


    Background
    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


    Executive order supplemental budget language define the pbt rule scope
    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

    NAHMMA Conference - PBT Rule September 22, 2005


    However legislation also stated
    However, legislation also stated…. PBT Rule Scope

    • 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


    Process steps taken to prepare pbt rule language
    Process Steps Taken to Prepare PBT Rule Language PBT Rule Scope

    • 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


    Proposed pbt rule is divided into four main parts
    Proposed PBT Rule is Divided Into Four Main Parts PBT Rule Scope

    • 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


    Criteria for identifying pbts
    Criteria for Identifying PBTs PBT Rule Scope

    • 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


    Proposed chemicals for the pbt list in the draft pbt rule
    Proposed Chemicals for the PBT List in the draft PBT Rule PBT Rule Scope

    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

    RetardantsBanned Organic

    Hexabromobiphenyl Chemicals

    PCBs

    NAHMMA Conference - PBT Rule September 22, 2005


    Selecting chemicals from pbt list for the development of caps
    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


    Contents of chemical action plans
    Contents of CAPs 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

    NAHMMA Conference - PBT Rule September 22, 2005


    Process for preparing chemical action plans
    Process for Preparing Chemical Action Plans CAPs

    • 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


    Summer 2005 public comment on draft pbt rule
    Summer 2005 - Public Comment on CAPsDraft 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


    Key comment areas
    Key Comment Areas CAPs

    • 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


    Based on public comment received ecology
    Based on Public Comment received, Ecology… CAPs

    • 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.

    NAHMMA Conference - PBT Rule September 22, 2005


    Next steps
    Next Steps CAPs

    • 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

    NAHMMA Conference - PBT Rule September 22, 2005


    Additional information
    Additional Information CAPs

    Ecology PBT Rule Web Page:

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

    OR

    Contact

    Mike Gallagher

    P: 360-407-6868

    [email protected]

    NAHMMA Conference - PBT Rule September 22, 2005


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