1. Greening the Package: Get the Lead Out (and other heavy metals) Toxics in Packaging Clearinghouse May 2008

2. 2 © Copyright Northeast Recycling Council, Inc., 2008 Presentation Outline Background on Toxics in Packaging Laws Compliance Screening Results Why Are We Detecting Toxics Today? What Can Government & Industry Do?

3. 3 © Copyright Northeast Recycling Council, Inc., 2008 Toxics in Packaging Laws 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., 2008 States with Toxics in Packaging Laws

5. 5 © Copyright Northeast Recycling Council, Inc., 2008 State Toxics in Packaging Laws Prohibits intentional introduction of any amount of 4 regulated metals – lead, mercury, cadmium & hexavalent chromium Limits incidental presence of these metals to 100 ppm (0.01%) - total concentration of 4 heavy metals Applies to packaging, packaging components & packaged products sold of distributed in states with legislation Limited exemptions available, e.g., recycled content

6. 6 © Copyright Northeast Recycling Council, Inc., 2008 How Do the Laws Work? Creates supply chain responsibility Companies self-certify  Based on analytic tests or supplier certification Provide Certificate of Compliance to customers  Must furnish to states upon request Most laws provide state authority to levy substantial monetary penalties

7. 7 © Copyright Northeast Recycling Council, Inc., 2008 Toxics in Packaging Clearinghouse Supports & Coordinates Implementation of Model Centralized location for information & processing requests to minimizing administrative burden for states & industry Promotes consistency and uniformity among states Venue for ongoing review of Model Legislation Enforcement is at the discretion of individual states.

8. 8 © Copyright Northeast Recycling Council, Inc., 2008 XRF Compliance Screening Project 1: October 2005 – February 2006 355 packages (over 570 components) Tested variety of packaging materials, product categories, and component types June 2007 report Project 2: January – March 2008 409 packages (628 components) Some targeted sample selection Report expected September 2008

9. 9 © Copyright Northeast Recycling Council, Inc., 2008 Product Categories Shopping bags Mailing/Shipping Home Furnishings Food & Beverage Toys & Games Electrical & Electronic Personal & Healthcare Hardware Apparel Cleaning Products Pet Supplies Office Supplies Sporting Goods Novelty Fast Food Deli/Produce Bags Entertainment

10. 10 © Copyright Northeast Recycling Council, Inc., 2008 Screening Test Protocol May not be in compliance with state laws if metals are intentionally added or if sum of metals is > 100ppm.

11. 11 © Copyright Northeast Recycling Council, Inc., 2008 Compliance Screening Test Results 16% 23% Number of Packages packages

12. 12 © Copyright Northeast Recycling Council, Inc., 2008 Summary of Samples Failing Screening (>100ppm) – Both Projects Cadmium & lead most frequently detected Median concentration over 250 ppm  Up to 14,000 ppm of lead detected Prevalent packaging materials/types  Imported, clear flexible PVC bags/pouches  Inks & colorants on shopping, mailing & produce bags

13. 13 © Copyright Northeast Recycling Council, Inc., 2008 2005/2006 Flexible PVC Bags/Pouches 61% of samples tested of this material exceeded 100 ppm for lead and/or cadmium > 80% of home furnishing & pet supply packages 55% of cosmetic/personal care packages Mostly imports Suspect additives - plasticizers & UV stabilizers All blister/clamshell packaging below LOD for all metals Toys Home Furnishings Cosmetic Pet Supply

14. 14 © Copyright Northeast Recycling Council, Inc., 2008 Improvements for Flexible PVC? 2005/20062008 All Flexible PVC Samples 61%52% Home Furnishings 81%48% Pet Supplies80%63%

15. 15 © Copyright Northeast Recycling Council, Inc., 2008 Inks & Colorants Shopping, mailing, & produce bags, some rigid containers  Mostly detected on/in plastics  Lead concentrations up to 3,400 ppm Most likely imports Suspect solvent-based inks

16. 16 © Copyright Northeast Recycling Council, Inc., 2008 TPCH Outreach to Supply Chain Notified manufacturers or distributors that package failed screening test  Request certificate of compliance with documentation OR submit plan to bring package into compliance & discontinue its distribution and sale Outreach to packaging supply chain  Disseminate study results  Presentations  Develop and disseminate new educational material

17. 17 © Copyright Northeast Recycling Council, Inc., 2008 Discrepancy between XRF and Lab Tests Some laboratory test methods may be inappropriate for measuring total concentration in packaging samples  Suspect incomplete digestion of sample resulting in detection of soluble or leachable metals  Metals need to be liberated from matrix to measure total concentration

18. 18 © Copyright Northeast Recycling Council, Inc., 2008 CA DTSC Initiated Comparison of Test Methods EPA SW-846 Method 3050B Acid Digestion of sediments, sludges, soils EPA SW-846 Method 3051 Microwave alternative to Method 3050B EPA SW-846 Method 3052 Microwave digestion of siliceous and organically based matrices

19. 19 © Copyright Northeast Recycling Council, Inc., 2008 CA DTSC Preliminary Comparison Results

20. 20 © Copyright Northeast Recycling Council, Inc., 2008 Why Are We Detecting Toxics in Packaging 15 Years Later? Fallen off “radar screen” Shift in geographic location of manufacturing Entry of new suppliers & manufacturers that don’t do their homework Changes in packaging technology

21. 21 © Copyright Northeast Recycling Council, Inc., 2008 Example - Changes in Technology “Innovative” marketing feature….blinking lights powered by electronic circuitry….with lead solder.

22. 22 © Copyright Northeast Recycling Council, Inc., 2008 What Can State & Local Government Do? Make companies aware of toxics in packaging requirements  Applies where packaging, packaging components & packaged products are sold or distributed  Responsibility of supply chain from raw materials to packaged products For states with legislation, join TPCH  Easiest, least expensive way to implement state laws  Strength in numbers If no state requirements, consider legislation

23. 23 © Copyright Northeast Recycling Council, Inc., 2008 Actions Companies Can Take Incorporate toxics in packaging requirements into purchasing specifications & contracts Contact suppliers directly to remind them of requirements and determine their QA/QC for ensuring the quality of supplies Require Certificates of Compliance from all suppliers of packaging or packaging components with supporting analytic data Develop QA/QC Systems to verify compliance & spot check incoming packaging materials and components since……… – Batch to batch variation – Some companies will tell you whatever they think you want to hear.

24. 24 © Copyright Northeast Recycling Council, Inc., 2008 For Additional Information Visit TPCH website www.toxicsinpackaging.org Or contact Patty Dillon, TPCH Program Manager (802) 254-8911 Info@toxicsinpackaging.org