1. Toxics in Packaging: Its Still an Issue Sharon A. Yergeau NH Dept. of Environmental Services December 2007

2. 2 © Copyright Northeast Recycling Council, Inc., 2007 Presentation Outline Toxics in Packaging Legislation The Toxics in Packaging Clearinghouse TPCH Compliance Screening Project Why Are We Detecting Toxics Today? Next Steps

3. 3 © Copyright Northeast Recycling Council, Inc., 2007 Toxics in Packaging Legislation Model Toxics in Packaging Legislation approved by CONEG in 1990 Adopted by 19 US States, most recently California in 2003 Basis for EU Packaging Directive

4. 4 © Copyright Northeast Recycling Council, Inc., 2007 States with Legislation

5. 5 © Copyright Northeast Recycling Council, Inc., 2007 Quick Overview of the Model Toxics in Packaging Legislation Prohibits intentional introduction of any amount of lead, cadmium, hexavalent chromium and mercury Limits incidental presence of these metals to 100 ppm (0.01%) - total concentration of 4 heavy metals Applies to packaging & individual packaging components Such as inks, coatings, labels, internal braces References ASTM D-996 Applies to packaging, components & packaged products sold or distributed in states with legislation

6. 6 © Copyright Northeast Recycling Council, Inc., 2007 How Do the Laws Work? Creates supply chain responsibility Affected companies self-certify Based on analytic tests or supplier certification Certificate of Compliance furnished upon request Most laws provide state authority to levy substantial monetary penalties Allowance for some exemptions

7. 7 © Copyright Northeast Recycling Council, Inc., 2007 Exemptions - Vary by State Prior to effective date Comply with federal health & safety Recycled materials No feasible alternative (function - not advertising!) Reused & regulated Controlled distribution & reuse Glass & ceramic with vitrified label

8. 8 © Copyright Northeast Recycling Council, Inc., 2007 Toxics in Packaging Clearinghouse Supports & Coordinates Implementation of Model Minimizes administrative burden for states & industry Centralized location for info. & processing requests Promotes consistency and uniformity among states Venue for ongoing review of Model Legislation Enforcement is at the discretion of individual states.

9. 9 © Copyright Northeast Recycling Council, Inc., 2007 TPCH Members Eleven Member States California, Connecticut, Illinois, Iowa, Maine, Minnesota, New Hampshire, New Jersey, New York, Rhode Island, Washington Industry Members American Plastics Council, Society of Glass and Ceramic Decorators, Steel Recycling Institute, Paper Recycling Coalition

10. 10 © Copyright Northeast Recycling Council, Inc., 2007 Compliance Screening Project First comprehensive screening October 2005 – February 2006 Screened over 350 packages (over 550 components) using a portable x-ray fluorescence analyzer Tested variety of packaging materials, product categories, and component types

11. 11 © Copyright Northeast Recycling Council, Inc., 2007 Product Categories Shopping bags Mailing/Shipping Textiles Food & Beverage Toys & Games Electrical & Electronic Personal & Healthcare Hardware Apparel Entertainment Cleaning Products Home Furnishings Pet Supplies Office Supplies Sporting Goods Novelty Fast Food Strapping Deli/Produce Bags

12. 12 © Copyright Northeast Recycling Council, Inc., 2007 Compliance Screening Test Results 16% 23%

13. 13 © Copyright Northeast Recycling Council, Inc., 2007 Screening Result Failures (>100ppm) Cadmium & lead most frequently detected, some mercury Ranged mostly from 250 – 800 ppm Up to 9000 ppm detected Prevalent packaging materials/types Imported, clear flexible PVC bags/pouches Inks & colorants on shopping and mailing bags

14. 14 © Copyright Northeast Recycling Council, Inc., 2007 Flexible PVC Bags/Pouches 61% of samples tested of this material exceeded 100 ppm for lead and/or cadmium Mostly imports Suspect UV stabilizers All blister/clamshell packaging below LOD for all metals Toys Textiles Cosmetic Pet Supply

15. 15 © Copyright Northeast Recycling Council, Inc., 2007 Inks & Colorants on Shopping Bags Inks & colorants on shopping and mailing bags Likely imports based on discussions with suppliers, since not always labeled with country of origin Suspect oil-based inks

16. 16 © Copyright Northeast Recycling Council, Inc., 2007 TPCH Action Notified 52 manufacturers or distributors that package failed screening test Requested certificate of compliance with documentation OR submittal of plan to bring package into compliance & discontinue distribution and sale of package Only 15% of companies verified test results 8 of 52 acknowledge non-compliance Responses demonstrated lack of awareness and understanding of Toxics in Packaging requirements.

17. 17 © Copyright Northeast Recycling Council, Inc., 2007 TPCH Action Referred recalcitrant cases to states for follow-up action Additional testing and comparison of XRF vs. laboratory test methods in conjunction with CA DTSC XRF results validated using several XRF instruments Suspect incomplete digestion of sample resulting in detection of soluble metals NOT total metal concentration

18. 18 © Copyright Northeast Recycling Council, Inc., 2007 Traditional Test Methods EPA SW-846 Method 3050B Acid Digestion of sediments, sludges, soils EPA SW-846 Method 3051 Microwave alternative to Method 3050B

19. 19 © Copyright Northeast Recycling Council, Inc., 2007 More Appropriate Methods EPA SW-846 Method 3052 Microwave digestion of siliceous and organically based matrices Ashing of sample prior to analysis Methods to dissolve the matrix Metals need to be liberated from the matrix to be measured.

20. 20 © Copyright Northeast Recycling Council, Inc., 2007 Preliminary Comparison Results

21. 21 © Copyright Northeast Recycling Council, Inc., 2007 Why Are We Detecting Toxics in Packaging 15 Years Later? Changes in packaging technology Entry of new suppliers/manufacturers Shift in geographic location of manufacturing Fallen off radar screen US state legislation misunderstood (European Directive does not prohibit intentional introduction.)

22. 22 © Copyright Northeast Recycling Council, Inc., 2007 Example - Changes in Technology Innovative marketing feature….blinking lights powered by electronic circuitry….with lead solder.

23. 23 © Copyright Northeast Recycling Council, Inc., 2007 States Taking Action CT issued the first Notices of Violation under Toxics in Packaging statutes in 2005. Manufacturer Retail pharmacies State Attorney Generals are using statutes to reduce exposure to lead from lunch boxes. Fines levied

24. 24 © Copyright Northeast Recycling Council, Inc., 2007 TPCH Next Steps Provide outreach to packaging supply chain about state toxics in packaging requirements. Develop best management practices for supply chain management and testing in cooperation with industry. Follow up compliance screening project using XRF in Winter 2008. Recruit additional state members.

25. 25 © Copyright Northeast Recycling Council, Inc., 2007 Actions Companies Can Take Incorporate requirements in purchasing specifications & contracts. Contact suppliers directly to see if theyre aware of and meet requirements. Require Certificates of Compliance from all suppliers of packaging or packaging components with supporting documentation (including test methods). Develop QA/QC Systems to verify compliance & spot check incoming packaging materials and components since some companies will tell you whatever you want to hear.

26. 26 © Copyright Northeast Recycling Council, Inc., 2007 Certification Testing Test method at company discretion Varies by packaging material XRF analysis is acceptable Elemental quantitative analysis Not leachability test Sum of concentration of 4 metals (<100 ppm) Each packaging component must comply ***NO INTENTIONAL INTRODUCTION IS THE FIRST RULE.***

27. 27 © Copyright Northeast Recycling Council, Inc., 2007 For Additional Information Visit our website www.toxicsinpackaging.org Or contact Patty Dillon, TPCH Program Manager (802) 254-8911 Info@toxicsinpackaging.org