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.

Containers and

Packaging32%

Nondurable Goods27%

Durable Goods16%

Food Waste11%

Yard Trimmings12%

Other2%

Source: Miller, C. 2002. “Garbage by the Numbers” NSWMA Research Bulletin 02-02, July 2002.

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 adoption250 ppm (0.025%) 3 years after adoption100 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 AdvisorsAmerican Plastics CouncilSociety of Glass and Ceramic DecoratorsSteel 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 orfor additional information:

Visit our website

www.toxicsinpackaging.org

Sharon Yergeau, NHDES

(603) 271-2918 or syergeau@des.state.nh.us

Patty Dillon, TPCH Program Manager

(802) 254-8911 or info@toxicsinpackaging.org