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Greening the Package: Get the Lead Out (and other heavy metals) Toxics in Packaging Greening the Package: Get the Lead Out (and other heavy metals) Toxics in Packaging Clearinghouse May 2008

Presentation Outline l l Background on Toxics in Packaging Laws Compliance Screening Results Why Presentation Outline l l Background on Toxics in Packaging Laws Compliance Screening Results Why Are We Detecting Toxics Today? What Can Government & Industry Do? © Copyright Northeast Recycling Council, Inc. , 2008

Toxics in Packaging Laws l Model Toxics in Packaging Legislation l approved by CONEG Toxics in Packaging Laws l Model Toxics in Packaging Legislation l approved by CONEG in 1990 Adopted by 19 US States, most recently California in 2003 l Basis for EU Packaging Directive © Copyright Northeast Recycling Council, Inc. , 2008

States with Toxics in Packaging Laws © Copyright Northeast Recycling Council, Inc. , 2008 States with Toxics in Packaging Laws © Copyright Northeast Recycling Council, Inc. , 2008

State Toxics in Packaging Laws l l Prohibits intentional introduction of any amount of State Toxics in Packaging Laws l l Prohibits intentional introduction of any amount of 4 regulated metals – lead, mercury, cadmium & hexavalent chromium Limits incidental presence of these metals to 100 ppm (0. 01%) - total concentration of 4 heavy metals Applies to packaging, packaging components & packaged products sold of distributed in states with legislation Limited exemptions available, e. g. , recycled content © Copyright Northeast Recycling Council, Inc. , 2008

How Do the Laws Work? l l Creates supply chain responsibility Companies self-certify Ø How Do the Laws Work? l l Creates supply chain responsibility Companies self-certify Ø Based on analytic tests or supplier certification Provide Certificate of Compliance to customers Ø Must furnish to states upon request Most laws provide state authority to levy substantial monetary penalties © Copyright Northeast Recycling Council, Inc. , 2008

Toxics in Packaging Clearinghouse Supports & Coordinates Implementation of Model l Centralized location for Toxics in Packaging Clearinghouse Supports & Coordinates Implementation of Model l Centralized location for information & processing requests to minimizing administrative burden for states & industry l Promotes consistency and uniformity among states l Venue for ongoing review of Model Legislation Enforcement is at the discretion of individual states. © Copyright Northeast Recycling Council, Inc. , 2008

XRF Compliance Screening Project 1: l October 2005 – February 2006 l 355 packages XRF Compliance Screening Project 1: l October 2005 – February 2006 l 355 packages (over 570 components) l Tested variety of packaging materials, product categories, and component types l June 2007 report Project 2: l January – March 2008 l 409 packages (628 components) l Some targeted sample selection l Report expected September 2008 © Copyright Northeast Recycling Council, Inc. , 2008

Product Categories l l l l l Shopping bags Mailing/Shipping Home Furnishings Food & Product Categories l l l l l Shopping bags Mailing/Shipping Home Furnishings Food & Beverage Toys & Games Electrical & Electronic Personal & Healthcare Hardware Apparel © Copyright Northeast Recycling Council, Inc. , 2008 l l l l Cleaning Products Pet Supplies Office Supplies Sporting Goods Novelty Fast Food Deli/Produce Bags Entertainment

Screening Test Protocol May not be in compliance with state laws if metals are Screening Test Protocol May not be in compliance with state laws if metals are intentionally added or if sum of metals is > 100 ppm. © Copyright Northeast Recycling Council, Inc. , 2008

Compliance Screening Test Results Number of Packages 23% 16% © Copyright Northeast Recycling Council, Compliance Screening Test Results Number of Packages 23% 16% © Copyright Northeast Recycling Council, Inc. , 2008 packages

Summary of Samples Failing Screening (>100 ppm) – Both Projects l l l Cadmium Summary of Samples Failing Screening (>100 ppm) – Both Projects l l l Cadmium & lead most frequently detected Median concentration over 250 ppm Ø Up to 14, 000 ppm of lead detected Prevalent packaging materials/types Ø Imported, clear flexible PVC bags/pouches Ø Inks & colorants on shopping, mailing & produce bags © Copyright Northeast Recycling Council, Inc. , 2008

2005/2006 Flexible PVC Bags/Pouches l Toys Home Furnishings Cosmetic 61% of samples tested of 2005/2006 Flexible PVC Bags/Pouches l Toys Home Furnishings Cosmetic 61% of samples tested of this material exceeded 100 ppm for lead and/or cadmium l l l Pet Supply > 80% of home furnishing & pet supply packages 55% of cosmetic/personal care packages Mostly imports Suspect additives - plasticizers & UV stabilizers All blister/clamshell packaging below LOD for all metals © Copyright Northeast Recycling Council, Inc. , 2008

Improvements for Flexible PVC? 2005/2006 2008 All Flexible PVC Samples 61% 52% Home Furnishings Improvements for Flexible PVC? 2005/2006 2008 All Flexible PVC Samples 61% 52% Home Furnishings 81% 48% Pet Supplies 80% 63% © Copyright Northeast Recycling Council, Inc. , 2008

Inks & Colorants l Shopping, mailing, & produce bags, some rigid containers Ø Ø Inks & Colorants l Shopping, mailing, & produce bags, some rigid containers Ø Ø l l © Copyright Northeast Recycling Council, Inc. , 2008 Mostly detected on/in plastics Lead concentrations up to 3, 400 ppm Most likely imports Suspect solvent-based inks

TPCH Outreach to Supply Chain l l Notified manufacturers or distributors that package failed TPCH Outreach to Supply Chain l l Notified manufacturers or distributors that package failed screening test Ø Request certificate of compliance with documentation OR submit plan to bring package into compliance & discontinue its distribution and sale Outreach to packaging supply chain Ø Disseminate study results Ø Presentations Ø Develop and disseminate new educational material © Copyright Northeast Recycling Council, Inc. , 2008

Discrepancy between XRF and Lab Tests l Some laboratory test methods may be inappropriate Discrepancy between XRF and Lab Tests l Some laboratory test methods may be inappropriate for measuring total concentration in packaging samples Ø Suspect incomplete digestion of sample resulting in detection of soluble or leachable metals Ø Metals need to be liberated from matrix to measure total concentration © Copyright Northeast Recycling Council, Inc. , 2008

CA DTSC Initiated Comparison of Test Methods l l l EPA SW-846 Method 3050 CA DTSC Initiated Comparison of Test Methods l l l EPA SW-846 Method 3050 B Acid Digestion of sediments, sludges, soils EPA SW-846 Method 3051 Microwave alternative to Method 3050 B EPA SW-846 Method 3052 Microwave digestion of siliceous and organically based matrices © Copyright Northeast Recycling Council, Inc. , 2008

CA DTSC Preliminary Comparison Results © Copyright Northeast Recycling Council, Inc. , 2008 CA DTSC Preliminary Comparison Results © Copyright Northeast Recycling Council, Inc. , 2008

Why Are We Detecting Toxics in Packaging 15 Years Later? l l Fallen off Why Are We Detecting Toxics in Packaging 15 Years Later? l l Fallen off “radar screen” Shift in geographic location of manufacturing Entry of new suppliers & manufacturers that don’t do their homework Changes in packaging technology © Copyright Northeast Recycling Council, Inc. , 2008

Example - Changes in Technology “Innovative” marketing feature…. blinking lights powered by electronic circuitry…. Example - Changes in Technology “Innovative” marketing feature…. blinking lights powered by electronic circuitry…. with lead solder. © Copyright Northeast Recycling Council, Inc. , 2008

What Can State & Local Government Do? l l l Make companies aware of What Can State & Local Government Do? l l l Make companies aware of toxics in packaging requirements Ø Applies where packaging, packaging components & packaged products are sold or distributed Ø Responsibility of supply chain from raw materials to packaged products For states with legislation, join TPCH Ø Easiest, least expensive way to implement state laws Ø Strength in numbers If no state requirements, consider legislation © Copyright Northeast Recycling Council, Inc. , 2008

Actions Companies Can Take l l Incorporate toxics in packaging requirements into purchasing specifications Actions Companies Can Take l l Incorporate toxics in packaging requirements into purchasing specifications & contracts Contact suppliers directly to remind them of requirements and determine their QA/QC for ensuring the quality of supplies Require Certificates of Compliance from all suppliers of packaging or packaging components with supporting analytic data Develop QA/QC Systems to verify compliance & spot check incoming packaging materials and components since……… – Batch to batch variation – Some companies will tell you whatever they think you want to hear. © Copyright Northeast Recycling Council, Inc. , 2008

For Additional Information Visit TPCH website www. toxicsinpackaging. org Or contact Patty Dillon, TPCH For Additional Information Visit TPCH website www. toxicsinpackaging. org Or contact Patty Dillon, TPCH Program Manager (802) 254 -8911 [email protected] org © Copyright Northeast Recycling Council, Inc. , 2008