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Polybrominated Diphenyl Ethers in the Great Lakes Basin

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Polybrominated Diphenyl Ethers in the Great Lakes Basin Attachment 2 WQB Appearance POLYBROMINATED DIPHENYL ETHERS IN THE GREAT LAKES BASIN FINAL REPORT October 30, 2015 SUBMITTED TO: INTERNATIONAL JOINT COMMISSION - GREAT LAKES WATER QUALITY BOARD LEGACY ISSUES WORKING GROUP SUBMITTED BY DUNCAN BURY CONSULTING 193 Cowley Avenue, Ottawa, ON, K1Y 0G8 [email protected]; (613) 729-0499 In association with and Attachment 2 WQB Appearance This page intentionally left blank. Attachment 2 WQB Appearance ACKNOWLEDGEMENTS The consulting team would like to acknowledge the contributions and information provided by the following government officials, experts and stakeholders who kindly agreed to be interviewed for this report: Chris Affeldt, Pollution Prevention Program Analyst, Michigan Department of Environmental Quality David Bell, Research Scientist, Environmental Impact Analysis Unit, Minnesota Department of Health David Berryman, Water Quality Analyst, Québec Ministry of Sustainable Development, Environment and the Fight against Climate Change Cindy Coutts, President, Canada, SIMS Recycling Solutions Miriam Diamond, Professor, University of Toronto, Toronto, Ontario Sean De Vries, Director Recycling Qualification Office, Electronic Products Recycling Association Dave Foulkes, Environmental Specialist, Office of Compliance Assistance and Pollution Prevention (OCAPP), Ohio Environmental Protection Agency Brent Goetz, Inspector, Hazardous Waste, Northwest District Office, Ohio Environmental Protection Agency Bradley Grams, Federal Chemical Programs Coordinator, Land and Chemicals Division, Chemicals Management Branch, U.S. Environmental Protection Agency Region 5 Peter Hargreave, Director, Policy and Strategy, Ontario Waste Management Association Liz Harriman, Deputy Director, Toxics Use Reduction Institute, University of Massachusetts – Lowell Garth Hickle, Product Stewardship Team Leader, Minnesota Pollution Control Agency Al Innes, Safer Product Chemistry Coordinator, Resource Management and Assistance Division, Minnesota Pollution Control Agency Kristen Kellock, Toxicologist, Hazardous Waste Section, Office of Waste Management and Radiological Protection, Michigan Department of Environmental Quality Avery Lindeman, Deputy Director, Green Science Policy Institute Bob Luedeka, Executive Director, Polyurethane Foam Association Mike Murray, Staff Scientist, National Wildlife Federation Guy Perry, Guy Perry and Associates Peter Pettit, Director of Waste Reduction and Recycling, New York State Department of Environmental Conservation Dr. Gordon Price, Innovative Waste Management Program, Faculty of Agriculture, Dalhousie University, Halifax, Nova Scotia Eileen Sheehan, Manager Pollution Prevention and Solid Waste, U.S. Environmental Protection Agency Region 9 (currently on assignment at CA Department of Toxic Substances Control, Safer Consumer Products Program) Jo-Anne St. Godard, Executive Director, Recycling Council of Ontario Alex Stone, Safer Chemical Alternative Chemist, Hazardous Waste & Toxics Reduction-HQ, State of Washington Department of Ecology Andrew Winters, Program Manager, Regional Municipality of Niagara, Ontario Brad Wolbert, Chief, Recycling and Solid Waste Section, Bureau of Waste and Materials Management, Wisconsin Department of Natural Resources Attachment 2 WQB Appearance This page intentionally left blank. Attachment 2 WQB Appearance TABLE OF CONTENTS REPORT CONCLUSIONS ........................................................................................................................ 1 1.0 INTRODUCTION .............................................................................................................................. 3 1.1 Project Background .........................................................................................................................................3 1.2 Project Objectives ...........................................................................................................................................3 2.0 PBDES IN THE GREAT LAKES BASIN .................................................................................................. 5 2.1 Overview ................................................................................................................................................................5 2.2 Quantities ...............................................................................................................................................................6 2.3 Substitutes and Flammability Standards ................................................................................................................6 2.4 Pathways and Monitoring ....................................................................................................................................11 2.5 Human Health and Environmental Impacts .........................................................................................................14 2.6 Knowledge Gaps ...................................................................................................................................................16 3.0 LIFE CYCLE OF PRODUCTS CONTAINING PBDEs: DIVERSION POTENTIAL AND RELEASES .................. 18 3.1 Introduction and Description of Product Categories Containing PBDEs ..............................................................18 3.2 Typical Life Cycle Management of Products Containing PBDEs and Potential for Diversion ...............................19 3.3 Actual or Potential PBDE Releases – Overview ....................................................................................................30 4.0 JURISDICTION REVIEW OF REGULATIONS AND INITIATIVES TARGETING PBDEs IN THE GREAT LAKES BASIN ................................................................................................................................................ 58 4.1 Overview of International Initiatives ....................................................................................................................58 4.2 Overview of Federal, State, and Provincial Regulations and Initiatives Targeting PBDEs ....................................63 4.3 Discussion of Federal Initiatives in Canada and the U.S. ......................................................................................67 4.4 Discussion of State and Provincial Initiatives .......................................................................................................70 4.5 Evaluation of the Management of PBDEs in the Great Lakes Basin - Identification of Gaps ..............................76 4.6 Potential Opportunities ........................................................................................................................................84 5.0 OVERVIEW AND ASSESSMENT OF POTENTIAL PBDE MANAGEMENT INSTRUMENTS ....................... 85 5.1 Overview of Regulatory PBDE Instruments ..........................................................................................................85 5.2 Overview of Non-Regulatory PBDE Instruments ..................................................................................................98 5.3 Instrument Summary and Assessment.............................................................................................................. 103 6.0 RECOMMENDED FRAMEWORK FOR THE MANAGEMENT OF PBDES IN THE GREAT LAKES BASIN ... 107 6.1 Framework Overview ........................................................................................................................................ 107 6.2 Conclusions ....................................................................................................................................................... 107 6.3 Actors, Roles, Responsibilities and Recommended Regulatory and Non-Regulatory Elements ....................... 109 6.4 Implementation Strategy, Key Considerations and Challenges ........................................................................ 113 6.5 Additional Studies and Research ....................................................................................................................... 118 Attachment 2 WQB Appearance APPENDIX A INTERVIEWS……………………………………………………………………………………………………………………A-1 APPENDIX B JURISDICTIONAL REVIEW SUMMARIES………………………………………………………………………….B-1 APPENDIX C REFERENCES……………………………………………………………………………………………………………………C-1 LIST OF FIGURES Figure 1: Life Cycle Flow Diagram …………………………………………………………………………………………………………….18 Figure 2: Typical Waste Water Treatment Processes ………………………………………………………………………………32 Figure 3: EPA Generalized Annual Life Cycle of PBDE in the United States……………………………………………….36 Figure 4: State EPR Laws…………………………………………………………………………………………………………………………..93 LIST OF TABLES Table 1: Estimated Quantities of PBDEs in the Great Lakes Basin .................................................................. 6 Table 2: Life Cycles of Products Containing PBDEs ....................................................................................... 20 Table 3: PBDE Release Analysis – Summary Table ........................................................................................ 47 Table 4: Comparison of Canadian and U.S. National Initiatives on PBDEs (Substances) .............................. 69 Table 5: Comparison of Canadian and U.S. National Initiatives on PBDEs (Products) .................................. 70 Table 6: Jurisdiction Review Summary - Government Regulatory Initiatives (PBDE Substances) ................ 72 Table 7: Jurisdiction Review Summary – Government
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