2009 PSI / NAHHMA Conference JUNE 3, 2009, SEATTLE, WA Oregon Toxics and Chemical Policy Update Kevin Masterson Oregon Department of Environmental Quality (503) 229-5615 email@example.com
Presentation Outline • Oregon DEQ Toxics Reduction Strategy • Background, goals and objectives • Steps involved in the process • Plans and Status • Update on Recent Oregon Initiatives & Legislation
Why Develop a Agency Toxics Reduction Strategy? • Toxics don’t respect regulatory boxes: • Pollutants released to air deposit to land run off to water • Increase efficient allocation & use of scarce public resources • Allows DEQ to be more proactive rather than reactive
Recognized Gaps in Traditional Regulatory Programs The focus of most environmental regulations is at the end of the life cycle of a toxic chemical… Manufacture Chemicals & Products Distribute or Reformulate Chemicals & Products Purchase of chemicals or products by Industries & Consumers Use and Manage Chemicals & Products • Generate & • Manage • Pollutants • -Collect • - Dispose • Discharge • Treat • - Incinerate • Recycle • Reuse …through education and technical assistance, can influence the use and purchase of chemicals
DEQ’s Toxics Reduction Strategy: Background • Multiple Concurrent Efforts Aligning in Support of Strategy • DEQ developed 2009 legislative policy package to support Strategy work • DEQ and DHS have coordinating on toxic chemical policy issues • Senate Bill 737 required DEQ to develop list of priority persistent pollutants for surface water • WQ Toxics Standards Rulemaking includes cross-media link • Environmental Quality Commission Interest
Toxics Reduction Strategy Examples of Current DEQ Programs Air Toxics Program Interagency Efforts Water Quality Toxics Land Quality Toxics • Water Quality Pesticide Management Team • Ecological Business (ECO-BIZ) Program Pesticide Stewardship Partnerships • Sector-Based Air Toxics Reduction Projects • Hazardous Air Pollutants Program • Community Air Toxics Reduction Projects • SB 737 / Priority Persistent Pollutant List • Water Quality Toxics Criteria Review Lab Toxics Monitoring Program • Willamette Toxics Monitoring • Air Toxics Monitoring • Toxics Use Reduction Program • Toxics Cleanup Programs • Household Hazardous Waste Programs
Major Objectives of Toxics Reduction Strategy • Optimize agency resources by focusing on the highest priority pollutants in a coordinated way • Implement actions that reduce toxic pollutants at the source to extent possible • Establish or enhance partnerships with other agencies and organizations in implementing Strategy • Use environmental outcome metrics to measure the effectiveness of Strategy
Steps in Developing Toxics Strategy • Determine High-Priority Toxics • Identify Sources and Pathways for Priority Toxics • Evaluate Current Strategies for Reducing Toxics – where are gaps? • Identify New Toxics Reduction Opportunities • Develop Implementation & Communication Plan • Conduct Public Outreach and Present Final Strategy to Environmental Quality Commission • Implement Strategy
Toxics Strategy Plans & Status • Goal: Complete Draft Strategy by Early 2010 • Current Status: • Developed Strategy concept and obtained support from DEQ Director Administrators • Established Internal Cross-Program Team to work on Strategy • Established External Stakeholder Group to Assist • Developing Agency-Wide Toxics Priority List
Agency-Wide Toxics Priority List • Sources for Agency Toxics List Include: • P3 List (SB 737) for surface water toxics • Air Toxics Benchmarks • Cleanup Site Risk Drivers • Willamette Toxics Monitoring Analytes • Household Hazardous Waste Prioritization Tool • Toxic Pollutants in Existing Oregon Rules – RCRA Toxics, WQ Toxics Criteria • Columbia River Toxics Reduction Priority Pollutants • Oregon Toxic Release Inventory (TRI) Chemicals • Oregon Pesticides of Concern & Pesticides of Interest* * As designated by the Inter-Agency Water Quality Pesticide Management Team
Agency-Wide Toxics Priority List • Initial Draft List will be extensive, but will be narrowed and prioritized using criteria: • Human health toxicity • Ecological life toxicity • Persistence • Bioaccumulation potential • Extent & magnitude of detections in Oregon’s environment • Prevalence of use and releases in Oregon • Multiple environmental media impacted
Oregon Chemical Policy Roundtable • Roundtable comprised of state agency, local government and NGO representatives who meet regularly to: • Exchange information on chemical policy activities • Identify and advance priority needs for implementing green chemistry and toxics source reduction in Oregon • Plan to get business and academic communities more involved over time
Inter-Agency Collaboration • State Health and Environmental agencies working closely on toxics reduction and chemical policy plans and programs • 4 state agencies formed team to protect water from pesticide impacts • State and local governments worked together for many years on toxics reduction assistance & incentive programs
2009 Oregon Legislation • Product / Chemical Restrictions • Deca-BDE Ban (SB 596) – Similar to WA’s legislation; proposed amendment specifying criteria for alternatives. Passage likely. • Substances in children’s products (HB 2367) – Ban on phathalates and BPA in children’s products. Did not pass • Hazardous Substance Definition (HB 2141) – Would add chronic conditions to the definition of what is hazardous and able to be regulated by State Health (DHS) & provide authority to label products. Did not pass
2009 Oregon Legislation • Product / Chemical Restrictions, con’t • Green cleaning products for schools (SB 668) – would require all schools to procure 3rd party certified green cleaning products. Did not pass. • IPM in Schools (SB 637) – Requires adoption of Integrated Pest Management Plans for schools in Oregon. Passage Likely. • Phosphates in Dishwasher Detergents (SB 631) – Limits concentration of phosphorous in dishwasher detergents to 0.5% by weight. Passage Likely.
2009 Oregon Legislation • Chemical Information Disclosure • Chemicals in children’s products (HB 2792)- Manufacturer information disclosure requirement; state to develop priority list of chemicals in children’s products for possible replacement. Did not pass. • Pesticide Use Reporting (HB 2999) - Extends sunset date for existing program; requires reporting of pesticide application at finer geographic scale (i.e., watershed level). Passage Likely. • Application of pesticides near schools (SB 902) – Would require notification of schools when pesticide application occurs nearby. Did not pass.
2009 Oregon Legislation • Product Stewardship / Producer Responsibility • Paint Product Stewardship (HB 3037) – Requires paint industry collection and recycling of post-consumer architectual paints. Passage Likely. • Mercury Containing Lighting & Rechargeable Batteries (HB 3060) – Would require industry- supported collection and recycling of these products. Did not Pass. • Pharmaceutical Take-Back (SB 598) – Would require industry-supported drug collection and disposal program. Passage Unlikely.
2009 Oregon Legislation • Barriers to Chemical Policy Legislation • Budget woes any bill with fiscal impact had uphill battle • Industry argued that jobs could be at risk during recession • Perception that too much authority was being transferred to agencies • Argument that chemical policy should be done at federal level & Oregon shouldn’t make decisions affecting rest of the world • Questions about science can’t prove harm (BPA)