1. Reducing Toxic Threats Ken Zarker Washington State Department of Ecology May 11, 2006 - Keeping toxics out of our bodies, homes, and offices –Persistent Bioaccumulative Toxins (PBTs) –Chemical Action Plans –Health trends/environmental trends –Mercury –Toxic flame retardants (PBDEs) - Helping business reduce hazardous substances –Hazardous waste management and toxic releases –Pollution prevention and technical assistance –Education and Incentives –Green building –Electronic waste What we will be covering today: PBT Rule What we know about toxics, and current and planned actions for reducing toxic threats covering: Environmental trends and/or status Analysis/Results – What and how we are doing Current and Planned Actions – What we are planning to do Opportunities, gaps and barriers

2. Department of Ecology Getting Toxics Out of our Bodies, Homes and Offices Persistent Bioaccumulative Toxins (PBTs) Reduce and phase-out PBT uses, releases and exposures in Washington We reduce tons of toxic pollutants each year to Washington’s air, land and water People, wildlife and fish are healthier and there are significant health care and economic cost savings to the state So that Current Status: 2004 Executive order and legislative funding directed Ecology to draft a PBT Rule and develop a PBDE Chemical Action Plan (CAP) After a 2-year rulemaking process, involving a multi -stakeholder advisory committee, Ecology adopted the nation’s first PBT rule in early 2006 PBDE CAP, developed with input from multi - stakeholder advisory committee completed by Ecology and Dept. of Health in early 2006 Ecology is now implementing the rule to prioritize which PBTs will be addressed next Funding: Ecology has a $1.4 million carry-forward appropriation to address PBTs There are 27 PBTs and Metals of Concern identified and listed in the PBT Rule Planned Actions Currently developing the “Multiyear Schedule” Moving forward with PBDE CAP implementation, including “End-of-Life” review process to address disposal and recycling of PBDE-containing products Target is to, jointly with the Department of Health, develop one CAP every 12-18 months over the next 3-4 years Ecology programs and Health will implement each completed CAP to further reduce and phase-out PBT chemical We do this

3. Department of Ecology Getting Toxics Out of our Bodies, Homes and Offices Mercury People, wildlife and fish are healthier and there are significant health care and economic cost savings to the state So That So that Source: TRI 2004 We do this Number of samples with mercury in streams or tissue ■ >40 ■ ■ 10-30 ■■ 1-10 White-None TransAlta Pounds of Mercury Releases Achieve 90% mercury elimination in a variety of mercury-containing consumer products and large scale point source releases by 2015 We significantly reduce the 4000 lbs of mercury that are released each year in Washington Current Status: 3,000 pounds of bulk mercury and mercury containing products collected from 2003-2005 from schools, homes and businesses. Trans Alta stack test indicates 314 pounds of air mercury releases in 2005. Six fish/shellfish advisories issued due to mercury contamination, including statewide advisory for bass. Future: Targeting switches, lamps, and batteries. Starting hospital mercury reduction program. State air rule should achieve reduction earlier than required by federal rule. Challenge: Mercury pollution is part of a larger global problem. Mercury in Stream or Tissue Samples

4. Department of Ecology Getting Toxics Out of our Bodies, Homes and Offices Toxic Flame Retardants (PBDEs) Reduce and prohibit the uses and releases of toxic flame retardants called PBDEs which are continuing to build up in fish and humans Safer, effective, and affordable alternative flame retardant products can be developed and used People, wildlife and fish are healthier and there are significant health care and economic cost savings to the state So That Penta and Octa-based flame retardants were eliminated from production in 2000 due to their high toxicity to humans Since then, there has been a two-fold increase in the use of Deca-based flame retardants. Research shows Deca breaks down into Penta and Octa forms. Current Status: Ecology and Department of Health completed a Chemical Action Plan for Deca-BDE flame retardant. In 2006, the “End-of-Life” recommendations will be finalized. 2006 Advocate-sponsored PBDE legislation failed. Planned Actions 2006 – Ecology looking at current product disposal and recycling policies General Administration – state purchasing policy review Health - Education program on minimizing PBDE exposure 2007 – Ecology and Health to consider supporting PBDE legislation Ecology is working with other states and EPA on updating US chemical policy Levels of PBDEs currently found in human breast milk, fish and food products will decrease rather than increase So That PBDE levels in breast milk – various studies Trend is continuing up

5. Department of Ecology Helping Business Reduce Hazardous Substances Hazardous Waste And Toxics We regulate hazardous waste So that We regulate hazardous waste So that Hazardous Waste is reduced and managed properly So that Hazardous Waste is reduced and managed properly So that Hazardous waste and toxics are not a legacy problem for future generations Who we regulate & track Who we don’t. Hazardous Waste Generation Projection 2020 Toxic Release Projection 2020 Note; Not based on volume generated. We do this

6. Department of Ecology Helping Business Reduce Hazardous Substances Tools To Reduce Waste, Conserve Resources And Save Money Increased technical assistance capacity will help reduce toxic threats Eliminate 420 tons of waste and toxic pollutants each year People are healthier and business save $3.6 million in savings annually. So that ProgramWater Saved Waste Reduced ParticipantsDollar Savings FTEs TREE (Technical Resources for Engineering Efficiency) 1.7 million gallons annually 115 Tons21$1.2 million 1.5 Cleaner Production Challenge 2.42 million gallons 527 Tons46$1.8 million 2.0 For each $1.00 invested in technical assistance, $10.00 worth of pollution prevention savings is gained by industry. We do this Note: Based on 5.5 FTEs

7. Department of Ecology Helping Business Reduce Hazardous Substances Current & Future Investments New and better solutions to reduce risk from emerging toxics We eliminate 90% of toxics use through pollution prevention We have livable communities and functioning ecosystems. So that Analysis: Currently, 66% of resources are going to hazardous waste management. 33% is going to pollution prevention. Requesting added 5% for toxics reduction Continuing to increase efficiencies on traditional work. Continuing to reduce risks to the environment and people with a sustained compliance and enforcement presence Next Steps: Increase Environmentally Preferable Purchases Toxics Reduction Incentives Project Community Right-to-Know on Toxics uses & consumer products Lean Manufacturing We do this Projected

8. Department of Ecology Helping Business Reduce Hazardous Substances Building Green Promote residential and commercial green building People have less exposure to toxins in the home and work environment People are healthier and more productive, buildings are more efficient, and there are significant health care and economic cost savings So that Common Toxins in Building Materials Results: Health Savings, Productivity Gains Health Savings of $200/1000 sq ft: benefit of roughly $5,000,000 each year Worker productivity benefit of perhaps $75,000,000 each year Other Benefits Holistic Prevention Energy savings Materials reuse Kids learn better Less and cleaner storm water Actions Coordinate statewide actions Train builders Market green building Fund demonstration projects Beyond Waste Goal: 10% of residential and commercial construction is green by 2009 Challenges Empowering a coalition of designers and builders to influence their peers (Ecology has limited credibility with some developers) Increasing market demand Not all 2005 Built Green homes have been certified and counted We do this

9. Department of Ecology Helping Business Reduce Hazardous Substances E-Waste Implement the electronics recycling program People have less exposure to toxins from electronics and valuable metals are reused People are healthier and electronics products are safer So that Program fully operational 2009 Actions: Adopt fees rule by Jan 2007; begin registration process and collecting fees for agency oversight Adopt second rule (recovery plans, performance standards) by Nov 2007 Recovery Plans sent to Ecology by Feb 2008 Track Recovery rates, enforce against non-compliance beginning 2009 Strategy and Ambiguity: The free market economy: we hope for better designed and safer products once waste handling costs become internalized, rather than simple export of toxic metals. What happens when the supply of recovered lead exceeds industrial demand? What is Ecology’s role in how sustainably these materials are managed? We do this

10. Department of Ecology Getting Toxics Out of Our Bodies, Homes and Offices CHALLENGES/GAPSOPPORTUNITIES PBTs Limited data to link to human health impacts Limited knowledge of PBTs in consumer products Several PBTs on PBT List do not have analytical methods developed yet “Proprietary information” clause limits ability to accurately measure and track uses and amounts of specific PBTs (i.e. PBDEs) Current funding only allows for one CAP per year Sample specific products to better understand PBT pathways from product or environment or to humans Opportunity to work with other states and EPA on broader needs regarding current US chemical policy Opportunity to be a national leader on a “cutting edge” environmental and human health issue Opportunity to address “the worst of the worst” chemicals in a cross-program/cross-agency/multi-media approach Having PBTs on a list in a rule provides an incentive to business and government sector NOT to use these chemicals Toxics  Toxic levels increasing in people and natural environment.  Traditional regulatory structure is reaching its limits to drive better environmental performance.  We regulate only a limited number of entities producing hazardous waste.  Need to motivate industry to invest in the design, production, labeling and marketing of green products…Help businesses reduce the use/creation of toxic substances  Need to focus on toxics use reduction, green products and to help educate consumers. Chemicals Policy  Approximately 2,000 new chemicals enter the market each year. Global chemical production doubles every 25 years.  Chemical producers are not required to disclose information on the health and environmental safety resulting in a lack of information on toxicity.  Consumers and workers do not have useful information to identify safer alternatives or cleaner products.  Integrate lean manufacturing and toxics use reduction programs with financial and/or regulatory incentives.  Use state and local government to leverage $4 billion/year in “Buy Green” purchasing power to drive development of green chemistry and create markets for clean products and promote “Green Business” as an economic development opportunity for Washington State.  Fund research and development of safer alternatives to hazardous materials in Washington to spur business development, create jobs, improve human health and the environment, and lower health care costs.