Port Ludlow Workgroup Report Precautionary Principle 2003 NW HW Conference, Pasco, WA June 1-6

1. Port Ludlow Workgroup Report Precautionary Principle 2003 NW HW Conference, Pasco, WA June 1-6 Marni Solheim Washington Department of Ecology Solid Waste and Financial Assistance Program 4601 N. Monroe Spokane, WA 99205-1295 (509) 329-3564 msol461@ecy.wa.gov

2. Background – Last year’s working conference in Port Ludlow • Recurring theme – “Do no harm” or Precautionary Principle • Individuals interested in the Precautionary Principle decided on an action plan

3. Workgroup set up three action steps to complete before this year’s conference Gather data – What exactly is the Precautionary Principle? Who’s done it? What would legislation look like? Draft legislation based on existing models Develop scoping paper about project for decision-makers to see if and how to proceed

4. There are many variations of the Precautionary Principle. From the 1992 Rio Declaration: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

5. Canadian Environmental Protection Act (CEPA) Categorize 23,000 existing substances on PBT, toxicity, potential for exposure New substances require more data before they can be manufactured or imported Virtual elimination of substances that are toxic, enter the environment, are persistent, and bioaccumulate

6. Minnesota Product Stewardship Policy Initiative Reduce or eliminate toxic and hazardous constituents of products and product components throughout life cycle Select priority products to look at first – carpet, electronics, paint – due to toxicity, volume discarded, potential for recycling

7. U.S. Toxic Substances Control Act (ToSCA) Manufacturers of new chemicals must show that they do not present unreasonable risk or EPA may limit or prohibit distribution Pesticides are exempt Economic considerations Must limit or prohibit by rule

8. US Consumer Product Safety Commission Federal Hazardous Substances Act Commission can ban by rule a hazardous household product if cautionary labeling is inadequate to protect public health (e.g. leaded paint) Does not regulate drugs and pesticides

9. Federal Hazardous Substances Act cont’d. • In setting priorities for commission action, must consider • Frequency/severity of injury • Causality of injury • Chronic illness and future injury • Cost/benefit of action • Unforeseen nature of risk • Vulnerability of population • Probability of exposure

10. Also looked at: Germany’s Chemical Act Bergen Declaration European Community Treaty Helsinki Convention Hague Declaration Some court cases British Columbia’s Post-Consumer Residual Stewardship Program Regulation

11. Workgroup mimicked BC’s Product Stewardship Regulation in getting draft Precautionary Principle legislation together. Umbrella regulation that ties in certain priority products – CRTs, pesticides Draft was more product stewardship than Precautionary Principle Took some time off to do more research

12. From 2001 article in Scientific American, quote from Christine Todd Whitman: “policy makers need to take a precautionary approach to environmental protection…We must acknowledge that uncertainty is inherent in managing natural resources, recognize it is usually easier to prevent environmental damage than to repair it later, and shift the burden of proof away from those advocating protection toward those proposing an action that may be harmful.”

13. WA DOT Secretary Doug MacDonald about using herbicides along roads in a May 30 article realizes there are many uncertainties about using herbicides: How risky are they? Do they cause reproductive problems? “The worst of it isn’t what we know, it’s what we don’t know.”