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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….
  • 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
  • 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
  • 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
  • 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

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 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
  • 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 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

key comment areas
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

based on public comment received ecology
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.

NAHMMA Conference - PBT Rule September 22, 2005

next steps
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

NAHMMA Conference - PBT Rule September 22, 2005

additional information
Additional Information

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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