Model Toxics in Packaging Legislation Sharon Yergeau NH Department of Environmental Services NEWMOA Environmental Summit Providence, Rhode Island September 28, 2005

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

Packaging supports our economy.

Source: Miller, C “Garbage by the Numbers” NSWMA Research Bulletin 02-02, July MSW Composition by Product

MSW Toxicity

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

States with Legislation

Model Toxics in Packaging Legislation; How does it work? Restricts the use of four heavy metals:  Cd (Cadmium)  Cr +6 (Hexavalent chromium)  Pb (Lead)  Hg (Mercury) Agreed to through a collaborative effort by states and industry

Summary of Model Legislation; How 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

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

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

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 H&S Controlled distribution and reuse Glass/ceramic with vitrified label

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

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

Success Stories Wine Bottles Lead Soldered Cans

Recent Success Story Domestic Company Battery was fine; Lead solder was not.

What’s Next EPA Source Reduction Ass’t. Grant Program Compliance Assessment Source Reduction Outreach for Non- Compliant Packaging Environmental Preferable Purchasing (EPP) Outreach to Supply Chain

To join the TPCH or for additional information: Visit our website Sharon Yergeau, NHDES (603) or Patty Dillon, TPCH Program Manager (802) or