Greening the Package Get the Lead Out and

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 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 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

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 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 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 (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 & 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 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, Inc. , 2008 packages

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 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 81% 48% Pet Supplies 80% 63% © Copyright Northeast Recycling Council, Inc. , 2008

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 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 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 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

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…. with lead solder. © Copyright Northeast Recycling Council, Inc. , 2008

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 & 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 Program Manager (802) 254 -8911 Info@toxicsinpackaging. org © Copyright Northeast Recycling Council, Inc. , 2008