2009 PSI / NAHHMA Conference

1. 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 masterson.kevin@deq.state.or.us

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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.

16. 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.

17. 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.

18. 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)