Mandatory Pollution Prevention:

A Record of Success

Presentation to the First Joint

Pollution Prevention and Environmental Essentials Conference

August 1, 2002

Miami Beach, FL

William HinkleyChief, Bureau of Solid and Hazardous Waste

Caveat: The views expressed in this presentation are those of the presenter and may or may not reflect those of the Florida Department of Environmental

Protection

Case Studies

• Leaded Gasoline

• Mercury in Consumer Batteries

• CCA Treated Wood

Other Notable Mandatory P2 Measures

• Toxics in Packaging Standards

• DOT Lead Paint Elimination

Toxics in Packaging Standards

• Enacted in 1993• 403.7191, Florida Statutes• Based on Council of Northeast Governors

(CONEG) model legislation• Adopted by 26 states • Sets maximum allowable levels of

lead,mercury, cadmium and helavalent chormium in packaging components

FDOT Lead Paint Elimination

• Part of settlement agreement for the FDOT Fairbanks disposal pit

• FDOT agreed to switch to non-lead based paint for road striping

• FDOT at that time was largest lead paint user in state

Lead in Gasoline

Lead in Gasoline

• Tetra ethyl lead use started in 1930s to improve engine performance

• Introduction of catalytic converters and increasing health impacts forced phase-out

• EPA set mandatory standards in 1985 reducing lead in gasoline by 90%

• Leaded gasoline being phased out globally but still in use in many countries

Mercury in Consumer Batteries

Florida Mercury Battery Legislation

• Enacted in 1993• 403.7192, Florida Statutes• Followed similar Minnesota law• Set maximum Hg levels in zinc-

carbon and alkaline batteries• Prohibited sale of mercuric oxide

button batteries• Supported by the battery industry

Mercury Trendsin Solid Waste

Florida 1990 to 2000

Estimated Discards of Products Containing Mercury into Florida Municipa Solid Waste

0.0

5.0

10.0

15.0

20.0

25.0

30.0

35.0

40.0

1989 1995 1996 1997 1998

Ton

s of

Mer

cury

Other

Mercury Devices

Electric Lighting

Household Batteries

Mercury Content of Alkaline and Carbon-Zinc Batteries

Mercury Content of Alkaline and Carbon-Zinc Batteries

Made Discarded Hg in ppm

Before 1989 Before 1992 8,000-12,000After1989 After 1992 1,000After 1991 After 1994 250After 1993 After 1996 4

Florida Alkaline Battery Discards and Mercury Content

0

50

100

150

200

250

1 2 3 4 5 6

Dis

card

s (m

illi

on

s o

f b

att

eri

es)

1

10

100

1000

10000

Me

rcu

ry C

on

ten

t (p

pm

)

Discards

MercuryContent

Mercury Content of Standard 4 Foot Fluorescent Lamps

Mercury Content of Standard 4 Foot Fluorescent Lamps

Made Discarded Avg Hgper Lamp

Before1994

Before1996

48.2 mg

Before1999

Before2001

22.8 mg

After 1999 After 2001 12 mg

Florida Fluorescent Lamp Discards and Mercury Content

0

5

10

15

20

25

30

35

40

1995 1996 1997 1998 1999 2000 2001

Dis

card

s (m

illio

ns)

0

10

20

30

40

50

60

Mer

cury

Con

tent

(ppm

)

Discards

MercuryContent

Lamp RecyclingLamp Recycling

Year Lamps Mercury

1995 3.1 (12%) 290 lb

1996 4.3 (16%) 390 lb

1997 6.9 (23%) 630 lb

1998 4.7 (16%) 230 lb

1999 6.6 (22%) 345 lb

Florida Mercury Lamp Recycling Rate and Mercury Content

0

5

10

15

20

25

30

35

1995 1996 1997 1998 1999

Recy

clin

g %

0

50

100

150

200

250

300

350

400

Mer

cury

Con

tent

(kg)

Mercury (kg)

Recycling %

Trends in Nat'l MSW Hg vs. S.Fla. Hg Emissions

0100200300400500600700800

1970 1975 1980 1985 1990 1995 2000

Year

MSW

Hg

(Ton

s)

0

200

400

600

800

1000

1200

[Em

issi

ons

(ug/

m3)

]

Tons

[Emissions]

Decline in Mercury in Florida’s MSW

• Drivers: Laws, Regs and Concern for Product Image

• Decreases in Mercury Content of Batteries and Lamps

• Recycling and Industry Product Stewardship

Mercury Trendsin Florida’s Environment

L-67A CanalAdjusted LS Means

1990 1992 1994 1996 1998 2000

Fil

let

Hg

(µ

g/g

)

0.00

1.00

2.00

3.00

WCA3A MarshLMB Age < 4

Adjusted LS Means

94 95 96 97 98 99 00

Hg

(µ

g/g

) in

Fill

et

0.40

0.60

0.80

1.00

1.20

1.40

1.60

Mercury in Great Egret Chick Feathers

0.005.00

10.0015.0020.0025.0030.0035.00

Years

[Hg]

(ppm

)

L- 67

Tamiami

Mud Canal

3b mud

JW1

Hidden

Alley North

MOSQUITOFISH Hg TREND

CCA Treated Wood

Growth in the use of CCA Treated Wood

0

100

200

300

400

500

600

Volu

me, m

illion c

ubic

feet

1970 1996Year

CCA

All Products

All Products

CCA

Production

0

5000

10000

15000

20000

25000

30000

35000M

etri

c T

on

sU.S. Demand for Arsenic (1969 -

1998)Source: USGS

Treated Wood

Agriculture

Other

Introduction

WA 13

OR 10

NV 1CA

11

ID 5

UT 2

AZ 2

NM 1

WY 2

CO 5

SD 3

NE 2

KS 0

TX 28

OK 3

MN 9

IA 2

MO 9

AR 17

LA 15

WI 11

IL 9

IN 7

MI 11

OH 11

TN 7

MS 21

AL 39

FL 25

ME 1

NY 6

GA 40

SC 17

NC 28

WV 9 VA 20

PA 19

VT 0NH 1

MA 3

RI 1 CT 1

NJ 2

DE 0

HI 5

AK 0

MD 6

ND 1

KY 8

MT 2

2

WA 13

D

C

A

C

B

D

EEA = Low D = HighB = Moderate E = SevereC = Intermediate

Florida Production

0

510

15

2025

30

35

4045

50

1964

1967

1970

1973

1976

1979

1982

1985

1988

1991

1994

1997

2000

Mil

lio

n c

ub

ic f

ee

t

Total

L&T

Other

AWPI, 94

PolesFenceCross Ties

CCA-Treated Wood Production, Florida

U.S. Southern Pine Markets

Outdoor Decks

LandscapeFences

Marine

Highw ay

Foundations

Framing

Export

Other (From SFPA)

36%

8% 15%

18%

10%

Long-term Disposal Forecast

0

5

10

15

20

25

30

35

19

64

19

68

19

72

19

76

19

80

19

84

19

88

19

92

19

96

20

00

20

04

20

08

20

12

20

16

20

20

20

24

20

28

20

32

20

36

20

40

20

44

Year

Mill

ion

ft3

, d

isp

ose

d

No Change in CCA Use

Today Hypothetical Case

Hypothetical CaseIf 100% Alt. Chem.Used by 2002

Florida Statistics

Phase-out of most CCA treated wood by end of 2003

announced by EPA in late 2001

Cumulative Quantities

0

20000

40000

60000

80000

100000

19

60

19

70

19

80

19

90

20

00

20

10

20

20

20

30

20

40

Year

Cu

mu

lati

ve

As

(to

ns

)

Imported

Disposed

NetIn-Service

1,800 tons

28,600 tons

Net26,800 tons

Before Ban

0

20000

40000

19

60

19

70

19

80

19

90

20

00

20

10

20

20

20

30

20

40

Year

Cu

mu

lati

ve

As

(to

ns

) Imported

Disposed

NetIn-ServiceCumulative Disposed

2,250 tons

Cumulative Imported, 2002 = 31,400 tons

Net29,150 tons

Cumulative QuantitiesWith Ban

Amount of CCA-Treated Wood To Be Discarded

Cumulative Volume Imported = 635 million cubic feet Cumulative Volume Disposed = 45 million cubic feet (7%) Volume in Service = 590 million cubic feet

Statistics for the Year 2002 (Florida)

216,000 miles of 2 x 4’s9 timesaround

100 yds x 50 yds x 2.7 miles

Arsenic Toxicity

Function of Chemical Form

AsH3 - arsine (gas)

As(III) - inorganic arsenite

As(V) - inorganic arsenate

MMAA - monomethylarsonic acid

DMAA - dimethylarsinic acid

TMAO - trimethylarsine oxide

AsB - arsenobetaine (marine)

AsC - arsenocholine (marine)

DecreasingToxicity

Florida Regulatory and Cleanup Criteria for Arsenic

• Drinking Water MCL: 50 ug/L (federal MCL lowered to 10 ug/l by EPA 1/2001)

• TCLP: 5 mg/L

• Soil Clean Up Target Levels (SCTLs)– Residential: 0.8 mg/kg– Industrial: 3.7 mg/kg– Leachable: 27.5 mg/kg

Environmental Concerns With CCA Treated Wood

A. Ash from combustion of wood fuel mixtures

containing CCA wood can be a hazardous waste

B. Arsenic leaches from CCA wood used as

decorative ground cover mulch

C. Arsenic leaches from CCA wood discarded in

landfills

D. Soils under CCA treated decks are being

contaminated with arsenic

“The ACQ preservative in Preserve treated wood is acopper plus quat system that provides the same levelof protection to wood as CCA preservatives against decay, rot and termite attack without the use ofarsenic and chromium.”

“…Copper Azole is a significant improvement overtraditional CCA treatment as it substantially reducesreliance on and exposure to the more toxic heavy metalssuch as chromium and arsenic throughout all stages ofproduction, distribution and use. …it is environmentallyresponsible to specify or use Copper Azole treated lumber.”

“The aim of the development program was to create awood preservative that had the same excellent timberdurability properties as CCA but without the inclusionof chromium or arsenic. An additional desired featurewas complete compatibility with existing CCA treatmentplants and processes.”

Recent Examples of Voluntary Product Changes or Removals

• Clypyralid

• Ni-Cad Batteries

Additional Candidates for Mandatory Phase-out ?

• Perchlorethylene

• MSMA

Perchloroethylene

Perchloroethylene

• “Perc” or PCE

• Use began in 1930s

• Now used by 90% of drycleaners

• Inexpensive

• Low flammability

Environmental ConcernsWith Perc

• Group 2A Carcinogen

• Teratogen

• Hazardous Air Pollutant (HAP)

• Hazardous Waste (RCRA)

• DNAPL

Drycleaner Cleanup Funding History

• FY $ (millions)

• 97-98 10

• 98-99 14

• 99-00 12

• 00-01 12

• 01-02 12

• 02-03 10

1400 sites now on cleanup list

MSMA

Mono Sodium Methane Arsenate

A study of Arsenic in soils and groundwater at

urban sites where arsenicals have been

applied

Golf CoursesCemeteries

SchoolsParks

Sports fieldsRight of Ways (road and RR)

Power Transfer StationsSod Farms

Golf Courses

• 1300 golf courses in Florida (approximately half are located in Southeast Florida where soils are sandy and groundwater is frequently encountered at 3’ bls or less.)

Some names by which arsenical herbicides have been

used in Florida...Asazol, Physan-HC, MMA, Herb-All, Merge 823,

Target MSMA, Trans-Vert, Check Mate, Silvisar 550, Ansar, Bueno, Broadside, Diumate, Drexar 520, Drexar MSMA, Daconate 6, Super Arsonate,

Pamol, MSMA Plus, Dal-E-Rad, Weed-E-Rad, Weed-Hoe, Monex, DSMA, MAD, DMAA, AMA,

CALRA, CAMA

The first case in the study…Total Arsenic, mg/kg

Depth of Sample 0-2’ 2’+

Fairways(5) 1.7-10.4 1.2-7

Roughs (5) 1.4-24. ND-2.6

Tees/Greens (5) 8.-39.4 1.2-6.2

Untended Areas (5) <0.5(all) <0.5-0.5

Sod Farm (1) 14.7 12.6

Maint Area (7) 0.7-23.4 0.9-12.6

Maint Area (1)(former sod farm) 45-100

SED Data Conclusions

• Arsenic exceedances are occurring in groundwater, even when no spill is indicated.

• Soils show Arsenic levels above the Soil Cleanup Goals both in the maintenance areas and in the playing areas.

• Little difference was noted between dissolved and total Arsenic concentrations

Conclusions from examining Leachability of soils where arsenicals

have been applied...

• To date, 65 samples have been collected from SED golf courses and analyzed for both total Arsenic and SPLP Arsenic.

• 55% of the samples examined were “leachable” with respect to 50 ug/L Arsenic.

• 86% of the samples examined were “leachable” with respect to 10 ug/L Arsenic.

• When dealing with large areas, sandy soils, and shallow groundwater, approximately 15 mg/Kg Total Arsenic has been demonstrated by SPLP analysis to be a reasonable LSCTL (50 ug/L).

• This value will be far less if considering a groundwater standard of 10 ug/L.

Another case study… a portion of an SED golf course that was operated for

approximately 35 years.• Because the RPO of this portion intends to

develop the property for residential use, his concern for liability prompted sampling soils on 100X100’ grids. Over 400 soil samples were collected from approximately 14 acres.

• The parcel did not contain the maintenance area. It was comprised solely of former playing areas.

• Nothing known about the golf course is atypical of the operation of other golf courses in Southeast Florida.

• The site has not been operated as a golf course for approximately 7 years. No application of arsenicals has occurred since before 1995.

Former tees and or tee boxes

Soil arsenic concentrations 0-2 feet bls at 10 mg/kg As or above, 1998

Soils• 84% of the soil samples exceeded 0.8 mg/Kg

Arsenic.• Removal of the top 2’ of soils would only serve to

expose the 2-4’ soils, which also exceeded the 0.8 mg/Kg.

• 48% of the soil samples exceeded 3.1 mg/Kg Arsenic.

• The mean soil concentration (400+ samples) is 5.4 mg/Kg Arsenic.

• 8% of the soil samples exceeded 15 mg/Kg Arsenic, which was the leachability SCTL for this site, established with the use of SPLP analyses.

• The highest groundwater concentration reported was 655 ug/L Arsenic.

• 80% of the shallow groundwater monitoring well samples (12-15’) exceeded 50 ug/L Arsenic.

• All of the shallow groundwater monitoring wells exceeded 10 ug/L Arsenic.

Estimated Discards of Products Containing Mercury into Florida Municipa Solid Waste

0.0

5.0

10.0

15.0

20.0

25.0

30.0

35.0

40.0

1989 1995 1996 1997 1998

Ton

s of

Mer

cury

Other

Mercury Devices

Electric Lighting

Household Batteries

0

20000

40000

19

60

19

70

19

80

19

90

20

00

20

10

20

20

20

30

20

40

Year

Cu

mu

lati

ve

As

(to

ns

) Imported

Disposed

NetIn-ServiceCumulative Disposed

2,250 tons

Cumulative Imported, 2002 = 31,400 tons

Net29,150 tons

Conclusion

Websites and Email

• http://www.dep.state.fl.us

• http://www.floridacenter.org

• http://www.ccaresearch.org

• julie.abcarian.dep.state.fl.us