Washington State Program to Eliminate PBTs
Washington State is fortunate to have a groundbreaking program to phase out all sources of persistent toxic chemicals (persistent bioaccumulative toxics or PBTs). With the urging of Toxic-Free Legacy Coalition members, in 2001 Washington became the first state in the nation to enact a comprehensive chemical phaseout program. Established at the Washington State Department of Ecology (Ecology), this program, often referred to as Ecology’s PBT Program, aims to phase out persistent toxic chemicals in the State of Washington by the year 2020.
Work group Leader(s):
Ivy Sager-Rosenthal, Washington Toxics Coalition, isager-rosenthal@watoxics.org
or contact Margaret Shield, Coalition Coordinator at mshield@toxicfreelegacy.org or (206) 632-1545 ext 123.
Washington's list of PBT chemicals
Multiyear PBT Chemical Action Plan Schedule
PBDE Flame Retardants Chemical Action Plan
Background on the Washington State PBT Program
After many years of work by member organizations of the Toxic-Free Legacy Coalition, the Washington State Department of Ecology (DOE) created a first-in-the-nation policy and plan to eliminate dioxin, toxics flame retardants, mercury, and other persistent toxic pollution. Environmental organizations, citizen groups and activists, have worked to ensure a strong strategy, and have fought major budget battles for the plan's funding. Industry groups have vigorously opposed the strategy.
In 2001, we succeeded in getting the PBT Program up and running in Washington State. In a report outlining the strategy and vision for the program, Ecology stated that the goal of the program is to reduce and eliminate the use and production of PBTs by:
* Phasing out existing sources of persistent pollution.
* Cleaning up historical sources of persistent pollution.
* Preventing new sources from releasing more persistent pollution into our environment.
To read Ecology’s Dec. 2000 report on the PBT Strategy, see
http://www.ecy.wa.gov/pubs/0003054.pdf
In March 2004, the State Legislature once again demonstrated its support for the PBT Program and its approach to phasing out persistent toxic chemicals, when it voted to restore $325,000 in funding to the Ecology’s PBT Program that had been cut from the previous year’s budget. We achieved this success, despite opposition from the chemical industry, the pulp and paper industry and others.
The Governor’s Office has also led efforts to phase out persistent toxic chemical pollution in our state. In February 2004, Governor Locke issued an Executive Order directing the Department of Ecology to move forward on its PBT Program. This Executive Order specifically mandated the phase-out of toxic flame retardants (PBDEs) and mercury in the State of Washington. State agencies were also asked to take action and reduce their use of supplies, equipment, and products, which result in persistent toxic pollution.
To read Governor Locke’s 2004 Executive Order on persistent toxic chemicals see
http://www.digitalarchives.wa.gov/governorlocke/eo/eo_04-01.htm
Program Successes
The PBT Program has had its successes. It has established a list of twenty-eight PBT chemicals or chemical groups for phaseout, including PBDEs, dioxin, lead, and the “Teflon chemical”, PFOS.
Chemicals are placed on the list based on how toxic they are, the degree to which they accumulate in the environment, and how long they persist in the environment. From this list, Ecology chooses the chemicals for which it will develop phaseout plans. The order in which the chemicals are chosen is determined using a variety of factors, including the prevalence of the chemical in humans and the environment and opportunities for phase out.
Once a chemical is chosen for phaseout, Ecology develops a phase out plan that includes:
*Information on the production, uses, and releases of the chemical.
*Information on the health and environmental impacts of the chemicals,
*Recommendations for the legislature and state and local governments on how best to eliminate the chemical in Washington.
Thus far the PBT program has released chemical action plans for two PBTs:
- Mercury Chemical Action Plan, February 2003
- PBDE Flame Retardants Chemical Action Plan, January 2006
Specific examples of how Ecology’s PBT Program is sucessfully moving forward to phase out persistent toxic chemicals in Washington State include the following:
- Phasing out mercury sources, including bans on mercury thermometers, auto-switches, thermostats which took effect January 1, 2006; and a labeling program for energy-efficient florescent lightbulbs, which contain mercury and must be disposed of properly.
- Establishing MOU agreements with dental associations, hospitals and auto recyclers to reduce the use and release of mercury and improve handling and disposal of mercury products.
- Encouraging local governments to purchase healthier products that do not result in persistent toxic pollution, thereby increasing market demand for safer alternatives. The City of Seattle has adopted a purchasing policy that favors chlorine-free paper, office products free of PVC (vinyl) plastic, and utility poles that are not treated with the persistent toxic chemical pentachlorophenol.
- Recommending bans on all forms of PBDEs or toxics flame retardants.
- Evaluating and determining appropriate disposal practices for PBDE-containing materials.
Current Campaign Activities
The Toxic-Free Legacy Coalition continues to work hard to ensure that the persistent bioaccumulative toxins (PBT) policy and program at Ecology remain strong.
The Department of Ecology is now in the process of choosing the next PBTs for which to develop phaseout plans. Possible chemicals for action include lead, dioxin, and the “Teflon” chemical PFOS. The draft list of the possible next phaseout plans is expected to be out for public comment in August 2006.
Other Resources
- Presentation by Pam Tazioli, Washington State Coordinator for the Breast Cancer Fund on the Washington Persistent Bioaccumulative Toxic (PBT) Chemicals Phase out Policy at the national Taking Precautionary Action Conference in June, 2006.
Download Pam Tazioli's presentation (pdf file). - June 2005 letter from members of the Toxic-Free Legacy Coalition to DOE on creation of a strong PBT rule pdf file
- Washington's PBT Rule: Chapter 173-333 WAC, Persistent Bioaccumulative Toxins
last updated April 11. 2007
