1. NAHMMA Conference - PBT Rule September 22, 20051 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

2. NAHMMA Conference - PBT Rule September 22, 20052 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

3. NAHMMA Conference - PBT Rule September 22, 20053 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

4. NAHMMA Conference - PBT Rule September 22, 20054 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

5. NAHMMA Conference - PBT Rule September 22, 20055 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.”

6. NAHMMA Conference - PBT Rule September 22, 20056 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.

7. NAHMMA Conference - PBT Rule September 22, 20057 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

8. NAHMMA Conference - PBT Rule September 22, 20058 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)

9. NAHMMA Conference - PBT Rule September 22, 20059 Proposed Chemicals for the PBT List in the draft PBT Rule MetalsFlame 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/PBDFBanned Nonylphenol Flame Retardants Banned Organic Hexabromobiphenyl Chemicals PCBs

10. NAHMMA Conference - PBT Rule September 22, 200510 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

11. NAHMMA Conference - PBT Rule September 22, 200511 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

12. NAHMMA Conference - PBT Rule September 22, 200512 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

13. NAHMMA Conference - PBT Rule September 22, 200513 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

14. NAHMMA Conference - PBT Rule September 22, 200514 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

15. NAHMMA Conference - PBT Rule September 22, 200515 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.

16. NAHMMA Conference - PBT Rule September 22, 200516 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

17. NAHMMA Conference - PBT Rule September 22, 200517 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 mgal461@ecy.wa.gov