Model Toxics in Packaging Legislation

1
Model Toxics in Packaging Legislation

• Sharon Yergeau
• NH Department of Environmental Services
• NEWMOA Environmental Summit
• Providence, Rhode Island
• September 28, 2005

2
Model Toxics in Packaging Legislation

• Why do we need it?
• Where has the law been adopted?
• How does it work?
• How is it administered? ? TPCH

3
Packaging supports our economy.
4
MSW Composition by Product
Source Miller, C. 2002. Garbage by the
Numbers NSWMA Research Bulletin 02-02, July
2002.
5
MSW Toxicity
6
Model Toxics in Packaging Legislation Where has
the law been adopted?

• Model legislation developed in 1989
• CONEG adopted in 1990
• Basis for legislation in 19 US states
• European Union Directive
• Asian countries

7
States with Legislation
8
Model Toxics in Packaging LegislationHow does
it work?

• Restricts the use of four heavy metals
• Cd (Cadmium)
• Cr6 (Hexavalent chromium)
• Pb (Lead)
• Hg (Mercury)
• Agreed to through a collaborative effort by
  states and industry

9
Summary of Model LegislationHow does it work?

• Applies to packaging and packaging components
• Prohibits intentional introduction
• Limits incidental presence (total concentration
  by weight)
• 600 ppm (0.06) 2 years after adoption
• 250 ppm (0.025) 3 years after adoption
• 100 ppm (0.01) 4 years after adoption

10
Compliance Certification

• Affected industries self-certify
• Creates supply chain responsibility
• Certificates furnished upon request
• Allowance for exemptions

11
Supply Chain Responsibility

• Begins with sales/distribution
• Request for a Certificate of Compliance for a
  specific product/package
• Seller/distributor asks their supplier
• Primary supplier asks secondary supplier, and so
  on until all the materials that have gone into
  the package are covered

12
Exemptions

• Manufactured prior to effective date
• Comply with federal health safety
• Recycled content (post-consumer)
• No feasible alternative (but not advertising!)
• Reused and regulated by federal HS
• Controlled distribution and reuse
• Glass/ceramic with vitrified label

13
How is the law administered? Toxics in Packaging
Clearinghouse

• TPCH supports implementation of the model.
• Minimizes administrative burden for states
• Coordinates exemption requests
• Promotes consistency and uniformity
• Information resource and Internet contact
• Venue for ongoing review of Model legislation

14
TPCH Members

• Member States
• Connecticut, Iowa, New Hampshire, New Jersey,
  New York, Minnesota, Rhode Island, Maine
• Industry Advisors
• American Plastics Council
• Society of Glass and Ceramic Decorators
• Steel Recycling Institute

15
Success Stories

• Wine Bottles
• Lead Soldered Cans

16
Recent Success Story

• Domestic Company
• Battery was fine
• Lead solder was not.

17
Whats Next

• EPA Source Reduction Asst. Grant Program
• Compliance Assessment
• Source Reduction Outreach for Non-Compliant
  Packaging
• Environmental Preferable Purchasing (EPP)
  Outreach to Supply Chain

18
To join the TPCH orfor additional information

• Visit our website
• www.toxicsinpackaging.org
• Sharon Yergeau, NHDES
• [phone] or syergeau_at_des.state.nh.us
• Patty Dillon, TPCH Program Manager
• [phone] or info_at_toxicsinpackaging.org