1. Mandatory Pollution Prevention: A Record of Success Presentation to the First Joint Pollution Prevention and Environmental Essentials Conference August 1, 2002 Miami Beach, FL William Hinkley Chief, Bureau of Solid and Hazardous Waste

2. Caveat: The views expressed in this presentation are those of the presenter and may or may not reflect those of the Florida Department of Environmental Protection

3. Case Studies Leaded Gasoline Mercury in Consumer Batteries CCA Treated Wood

4. Other Notable Mandatory P2 Measures Toxics in Packaging Standards DOT Lead Paint Elimination

5. Toxics in Packaging Standards Enacted in 1993 403.7191, Florida Statutes Based on Council of Northeast Governors (CONEG) model legislation Adopted by 26 states Sets maximum allowable levels of lead,mercury, cadmium and helavalent chormium in packaging components

6. FDOT Lead Paint Elimination Part of settlement agreement for the FDOT Fairbanks disposal pit FDOT agreed to switch to non-lead based paint for road striping FDOT at that time was largest lead paint user in state

8. Lead in Gasoline

9. Tetra ethyl lead use started in 1930s to improve engine performance Introduction of catalytic converters and increasing health impacts forced phase- out EPA set mandatory standards in 1985 reducing lead in gasoline by 90% Leaded gasoline being phased out globally but still in use in many countries

12. Mercury in Consumer Batteries

13. Florida Mercury Battery Legislation Enacted in 1993 403.7192, Florida Statutes Followed similar Minnesota law Set maximum Hg levels in zinc- carbon and alkaline batteries Prohibited sale of mercuric oxide button batteries Supported by the battery industry

14. Mercury Trends in Solid Waste Florida 1990 to 2000

16. Mercury Content of Alkaline and Carbon-Zinc Batteries

17. Discards Mercury Content

18. Mercury Content of Standard 4 Foot Fluorescent Lamps

19. Discards Mercury Content

20. Lamp Recycling

21. Mercury (kg) Recycling %

24. Decline in Mercury in Florida’s MSW Drivers: Laws, Regs and Concern for Product Image Decreases in Mercury Content of Batteries and Lamps Recycling and Industry Product Stewardship

25. Mercury Trends in Florida’s Environment

29. MOSQUITOFISH Hg TREND

30. CCA Treated Wood

33. Growth in the use of CCA Treated Wood CCA Production

34. U.S. Demand for Arsenic (1969 - 1998) Source: USGS Treated Wood Agriculture Other

35. Introduction

36. Florida Production

37. U.S. Southern Pine Markets (From SFPA) 36% 8%15% 18% 10%

38. Long-term Disposal Forecast Florida Statistics

39. Phase-out of most CCA treated wood by end of 2003 announced by EPA in late 2001

40. Cumulative Quantities Before Ban

41. Cumulative Quantities With Ban

42. Amount of CCA-Treated Wood To Be Discarded Cumulative Volume Imported = 635 million cubic feet Cumulative Volume Disposed = 45 million cubic feet (7%) Volume in Service = 590 million cubic feet Statistics for the Year 2002 (Florida) 216,000 miles of 2 x 4’s 9 times around 100 yds x 50 yds x 2.7 miles

43. Arsenic Toxicity Function of Chemical Form AsH 3 - arsine (gas) As(III) - inorganic arsenite As(V) - inorganic arsenate MMAA - monomethylarsonic acid DMAA - dimethylarsinic acid TMAO - trimethylarsine oxide AsB - arsenobetaine (marine) AsC - arsenocholine (marine) Decreasing Toxicity

44. Florida Regulatory and Cleanup Criteria for Arsenic Drinking Water MCL: 50 ug/L (federal MCL lowered to 10 ug/l by EPA 1/2001) TCLP: 5 mg/L Soil Clean Up Target Levels (SCTLs) –Residential: 0.8 mg/kg –Industrial: 3.7 mg/kg –Leachable: 27.5 mg/kg

45. Environmental Concerns With CCA Treated Wood A. Ash from combustion of wood fuel mixtures containing CCA wood can be a hazardous waste B. Arsenic leaches from CCA wood used as decorative ground cover mulch C. Arsenic leaches from CCA wood discarded in landfills D. Soils under CCA treated decks are being contaminated with arsenic

53. Recent Examples of Voluntary Product Changes or Removals Clypyralid Ni-Cad Batteries

56. Additional Candidates for Mandatory Phase-out ? Perchlorethylene MSMA

57. Perchloroethylene

58. “Perc” or PCE Use began in 1930s Now used by 90% of drycleaners Inexpensive Low flammability

59. Environmental Concerns With Perc Group 2A Carcinogen Teratogen Hazardous Air Pollutant (HAP) Hazardous Waste (RCRA) DNAPL

62. Drycleaner Cleanup Funding History FY$ (millions) 97-9810 98-9914 99-0012 00-0112 01-0212 02-0310

63. 1400 sites now on cleanup list

64. MSMA Mono Sodium Methane Arsenate

65. A study of Arsenic in soils and groundwater at urban sites where arsenicals have been applied

66. Golf Courses Cemeteries Schools Parks Sports fields Right of Ways (road and RR) Power Transfer Stations Sod Farms

67. Golf Courses 1300 golf courses in Florida (approximately half are located in Southeast Florida where soils are sandy and groundwater is frequently encountered at 3’ bls or less.)

68. Some names by which arsenical herbicides have been used in Florida... Asazol, Physan-HC, MMA, Herb-All, Merge 823, Target MSMA, Trans-Vert, Check Mate, Silvisar 550, Ansar, Bueno, Broadside, Diumate, Drexar 520, Drexar MSMA, Daconate 6, Super Arsonate, Pamol, MSMA Plus, Dal-E-Rad, Weed-E-Rad, Weed-Hoe, Monex, DSMA, MAD, DMAA, AMA, CALRA, CAMA

69. The first case in the study… Total Arsenic, mg/kg Depth of Sample0-2’2’+ Fairways(5)1.7-10.41.2-7 Roughs (5)1.4-24.ND-2.6 Tees/Greens (5)8.-39.41.2-6.2 Untended Areas (5)<0.5(all)<0.5-0.5 Sod Farm (1)14.712.6 Maint Area (7)0.7-23.40.9-12.6 Maint Area (1) (former sod farm) 45-100

70. SED Data Conclusions Arsenic exceedances are occurring in groundwater, even when no spill is indicated. Soils show Arsenic levels above the Soil Cleanup Goals both in the maintenance areas and in the playing areas. Little difference was noted between dissolved and total Arsenic concentrations

71. Conclusions from examining Leachability of soils where arsenicals have been applied... To date, 65 samples have been collected from SED golf courses and analyzed for both total Arsenic and SPLP Arsenic. 55% of the samples examined were “leachable” with respect to 50 ug/L Arsenic. 86% of the samples examined were “leachable” with respect to 10 ug/L Arsenic. When dealing with large areas, sandy soils, and shallow groundwater, approximately 15 mg/Kg Total Arsenic has been demonstrated by SPLP analysis to be a reasonable LSCTL (50 ug/L). This value will be far less if considering a groundwater standard of 10 ug/L.

72. Another case study… a portion of an SED golf course that was operated for approximately 35 years. Because the RPO of this portion intends to develop the property for residential use, his concern for liability prompted sampling soils on 100X100’ grids. Over 400 soil samples were collected from approximately 14 acres. The parcel did not contain the maintenance area. It was comprised solely of former playing areas. Nothing known about the golf course is atypical of the operation of other golf courses in Southeast Florida. The site has not been operated as a golf course for approximately 7 years. No application of arsenicals has occurred since before 1995.

73. Former tees and or tee boxes Soil arsenic concentrations 0-2 feet bls at 10 mg/kg As or above, 1998

74. Soils 84% of the soil samples exceeded 0.8 mg/Kg Arsenic. Removal of the top 2’ of soils would only serve to expose the 2-4’ soils, which also exceeded the 0.8 mg/Kg. 48% of the soil samples exceeded 3.1 mg/Kg Arsenic. The mean soil concentration (400+ samples) is 5.4 mg/Kg Arsenic. 8% of the soil samples exceeded 15 mg/Kg Arsenic, which was the leachability SCTL for this site, established with the use of SPLP analyses.

75. The highest groundwater concentration reported was 655 ug/L Arsenic. 80% of the shallow groundwater monitoring well samples (12-15’) exceeded 50 ug/L Arsenic. All of the shallow groundwater monitoring wells exceeded 10 ug/L Arsenic.

76. Conclusion

77. Websites and Email http://www.dep.state.fl.us http://www.floridacenter.org http://www.ccaresearch.org julie.abcarian.dep.state.fl.us