Port Ludlow Workgroup Report Precautionary Principle 2003 NW HW Conference, Pasco, WA June 1-6 Marni Solheim Washington Department of Ecology Solid Waste and Financial Assistance Program 4601 N. Monroe Spokane, WA (509)

Background – Last year’s working conference in Port Ludlow Background – Last year’s working conference in Port Ludlow Recurring theme – “Do no harm” or Precautionary Principle Recurring theme – “Do no harm” or Precautionary Principle Individuals interested in the Precautionary Principle decided on an action plan Individuals interested in the Precautionary Principle decided on an action plan

Workgroup set up three action steps to complete before this year’s conference 1.Gather data – What exactly is the Precautionary Principle? Who’s done it? What would legislation look like? 2.Draft legislation based on existing models 3.Develop scoping paper about project for decision-makers to see if and how to proceed

There are many variations of the Precautionary Principle. From the 1992 Rio Declaration: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

Canadian Environmental Protection Act (CEPA) Categorize 23,000 existing substances on PBT, toxicity, potential for exposure Categorize 23,000 existing substances on PBT, toxicity, potential for exposure New substances require more data before they can be manufactured or imported New substances require more data before they can be manufactured or imported Virtual elimination of substances that are toxic, enter the environment, are persistent, and bioaccumulate Virtual elimination of substances that are toxic, enter the environment, are persistent, and bioaccumulate

Minnesota Product Stewardship Policy Initiative Reduce or eliminate toxic and hazardous constituents of products and product components throughout life cycle Reduce or eliminate toxic and hazardous constituents of products and product components throughout life cycle Select priority products to look at first – carpet, electronics, paint – due to toxicity, volume discarded, potential for recycling Select priority products to look at first – carpet, electronics, paint – due to toxicity, volume discarded, potential for recycling

U.S. Toxic Substances Control Act (ToSCA) Manufacturers of new chemicals must show that they do not present unreasonable risk or EPA may limit or prohibit distribution Manufacturers of new chemicals must show that they do not present unreasonable risk or EPA may limit or prohibit distribution Pesticides are exempt Pesticides are exempt Economic considerations Economic considerations Must limit or prohibit by rule Must limit or prohibit by rule

US Consumer Product Safety Commission Federal Hazardous Substances Act Commission can ban by rule a hazardous household product if cautionary labeling is inadequate to protect public health (e.g. leaded paint) Commission can ban by rule a hazardous household product if cautionary labeling is inadequate to protect public health (e.g. leaded paint) Does not regulate drugs and pesticides Does not regulate drugs and pesticides

Federal Hazardous Substances Act cont’d. In setting priorities for commission action, must consider In setting priorities for commission action, must consider Frequency/severity of injury Frequency/severity of injury Causality of injury Causality of injury Chronic illness and future injury Chronic illness and future injury Cost/benefit of action Cost/benefit of action Unforeseen nature of risk Unforeseen nature of risk Vulnerability of population Vulnerability of population Probability of exposure Probability of exposure

Also looked at: Germany’s Chemical Act Germany’s Chemical Act Bergen Declaration Bergen Declaration European Community Treaty European Community Treaty Helsinki Convention Helsinki Convention Hague Declaration Hague Declaration Some court cases Some court cases British Columbia’s Post-Consumer Residual Stewardship Program Regulation British Columbia’s Post-Consumer Residual Stewardship Program Regulation

Workgroup mimicked BC’s Product Stewardship Regulation in getting draft Precautionary Principle legislation together. Umbrella regulation that ties in certain priority products – CRTs, pesticides Umbrella regulation that ties in certain priority products – CRTs, pesticides Draft was more product stewardship than Precautionary Principle Draft was more product stewardship than Precautionary Principle Took some time off to do more research Took some time off to do more research

From 2001 article in Scientific American, quote from Christine Todd Whitman: “policy makers need to take a precautionary approach to environmental protection…We must acknowledge that uncertainty is inherent in managing natural resources, recognize it is usually easier to prevent environmental damage than to repair it later, and shift the burden of proof away from those advocating protection toward those proposing an action that may be harmful.”

WA DOT Secretary Doug MacDonald about using herbicides along roads in a May 30 article realizes there are many uncertainties about using herbicides: How risky are they? Do they cause reproductive problems? “The worst of it isn’t what we know, it’s what we don’t know.”