Recent Policy Developments Related To Dioxin and Persistent Toxics at Dow

1. The use of low-waste technology;
2. The use of less hazardous substances;
3. The promotion of the recovery and recycling of waste and of substances generated and used in a process;
4. Replacement of feed materials which are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source;
5. Good housekeeping and preventive maintenance programmes;
6. Improvements in waste management with the aim of the cessation of open and other uncontrolled burning of wastes, including the burning of landfill sites. When considering proposals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including resource recovery, reuse, recycling, waste separation and promoting products that generate less waste. Under this approach, public health concerns should be carefully considered;
7. Minimization of these chemicals as contaminants in products;
8. Avoiding elemental chlorine or chemicals generating elemental chlorine for bleaching.

It also states that:

• When considering proposals to construct new facilities or significantly modify existing facilities using processes that release chemicals listed in this Annex, priority consideration should be given to alternative processes, techniques or practices that have similar usefulness but which avoid the formation and release of such chemicals.
• As indicated by these examples, the focus of policy instruments at every level is increasingly on giving priority to the elimination of production of persistent bioaccumulative substances, because policymakers have concluded that as long as these products are marketed, they will eventually enter and pollute the environment through products and disposal pathways. Therefore, several of the products that the Company is producing are not only targeted by public policy for emissions reduction at the site of production but they are also targeted for phase-outs of product sales and distribution.
• The Seventh Biennial Report on Great Lakes Water Quality issued by the International Joint Commission pursuant to the US-Canada Great Lakes Water Quality Agreement, addressed the topic of why persistent toxic substances such as dioxin cannot be safely regulated and must be phased out.
• The idea of a non-zero assimilative capacity in the environment or in our bodies (and hence allowable discharges) for such chemicals is no longer relevant. The Great Lakes Water Quality Board supports this view, concluding that there is no acceptable assimilative capacity for persistent, bioaccumulative toxic substances. It states, therefore, that the only appropriate water quality objective is zero....
• Within the environment's carrying capacity for human activity, there is no space for human loadings of persistent toxic substances. Hence, there can be no acceptable loading of chemicals that accumulate for very long periods, except that which nature itself generates. Moreover, conventional scientific concepts of dose-response and acceptable risk can no longer be defined as good scientific and management bases for defining acceptable levels of pollution. They are outmoded and inappropriate ways of thinking about persistent toxics...
• The production and release of these substances into the environment must, therefore, be considered contrary to the agreement legally, unsupportable ecologically and dangerous to health generally. Above all, it is ethically and morally unacceptable. The limits on allowable quantities of these substances entering the environment must be effectively zero, and the primary means to achieve zero should be the prevention of their production, use and release rather than their subsequent removal. International Joint Commission, 7th Biennial Report, 1994.

Numerous communities and states have adopted resolutions or laws seeking to end the purchase or production of dioxin-generating products. For example, quite a few institutions have begun to move away from PVC plastic because of its link to the potential for dioxin formation, among other reasons (Dow is a major manufacturer of the feedstocks for PVC plastic). There is a growing trend away from PVC purchasing worldwide. See Appendix A .

In addition, a number of states and localities have begun adopting policies generally relating to dioxins and/or PBTs. For example, Oregon Executive Order NO. EO-99-13 charges the Oregon Department of Environment Quality to lead a statewide effort to eliminate the releases of PBTs into the environment, and among other things utilize education, technical assistance, pollution prevention, economic incentives, government procurement policies, compliance, and permitting activities to eliminate PBTs. The Environmental Management Council of Erie County, New York adopted a Resolution For PBT Purchasing, requesting that Erie County continually strive to purchase non-PBT-containing products. In cases where a PBT-free alternative is not available or practicable, the County will purchase lower PBT-containing products where possible.

APPENDIX
EXAMPLES OF POLICIES ON PVC PURCHASING

I. RESOLUTIONS TO REDUCE OR ELIMINATE PVC PRODUCTS, WHICH ARE LINKED TO DIOXIN FORMATION.

A. Existing Policies and Resolutions

1. UK- Newhaven Town Council

• Council Policy on the use of PVC:
• The Council will seek to avoid PVC in all products it purchases, including office equipment and furniture, electrical cables and miscellaneous items.
• The Council will make their policy known to suppliers and contractors and give priority to those that offer products that do not use PVC.
• When refurbishing or constructing public buildings or those, for which public money is made available, the Council will specify to the designers/contractors that PVC should not be used except where an alternative cannot be found at a reasonable cost. In this case details of attempts to find such alternatives will be required by the Council. This applies to all construction materials including doors and windows, floors electrical cabling, interior and exterior drainage and waste systems, underground piping and fixtures and fittings.
• The Council, by implementing this policy and by other means, will work to educate the public on the environmental hazards of PVC and to lead by example.
• The Council will actively encourage and aid other Local Authorities and other agencies with which the Council works to implement PVC restrictions.
• The Council recognizes that it is the chlorine content of PVC that causes the most serious environmental damage and so will also avoid the use of other chlorinated products, such as chlorine bleached paper and chlorinated disinfectants.

2. Chicago Medical Society

• No. 98-28 RESOLTION -PVC Plastic Use by Health Care Facilities
• RESOLVED, that the CMS encourage the study and evaluation of alternative products and practices that will lead to the reduction and elimination of dioxin release into the environment from medical products composed of chlorinated hydrocarbons.

3. Rahway, New Jersey (Ordinance Number: 0-53-96)

• Prohibits the use of PVC or polystyrene by retail food vendors located within the city and requires them to use degradable packaging.

4. Lake in the Hills, IL (Building Commissioner memo to President and Board of trustees)

• Banned the use of CPVC pipe for construction in March 1996, citing problems with using pipe-thawing equipment for non-metal piping, worker exposure to glues and solvents during installation and other issues.

5. Glen Cove, New York

• Banned city retail food establishments from selling, giving or providing eating utensils or food containers to any consumers if such eating utensil or food container is composed of polystyrene or PVC.

6. Minnesota Medical Association (October 1998)

• Resolution in support of PVC substitution which says, "that the Minnesota Medical Association acknowledge the role that PVC plays in the production of dioxins, acknowledge the environmental and physical threats associated with dioxins, acknowledge the need to reduce the of PVC products, and support the efforts to address dioxin as a pollutant through strategies including but not limited to, material substitution of PVC products."

7. California Medical Association (February 1998)

• Resolution to "encourage the study and evaluation of alternative products and practices that will lead to the reduction and elimination of dioxin release into the environment from medical products composed of chlorinated hydrocarbons."

8. Maine Hospital Association (March 2001)

• Member hospitals agreed to continuously reduce the use and disposal of PVC plastic in hospitals. The highest priority is placed on reducing PVC use in disposable healthcare products and office products. Longer term replacement of PVC in durable medical products, construction material, and furniture is to be considered when opportunities present themselves."

9. International Efforts to Eliminate PVC/ Dioxin

Ban on the sale of children's items, including toys, made of PVC

• Austria- January 1999- ban on the sale of phthalate plasticizers in toys for children under three years old.
• Cyprus- November 12, 2000- ban on baby toys made of PVC
• Czech Republic- February 2001- emergency ban on phthalates in PVC Toys entered into force.
• Denmark- April 1, 1999- ban on phthalate plasticizers in toys and childcare articles for infants under three years old. Companies are given one year to clear existing stock, and inflatable toys are allowed until Jan.1, 2003.
• Figi Islands- October 24, 2000- ban on the sale of children's items made of PVC. The ban extends beyond soft PVC toys intended for children's mouths to include other articles such as stroller covers and mattress covers.
• Greece- 1999- Bans the import and sale of PVC toys containing phthalates for children under three years old.
• Mexico- November 30, 1998- Health Ministry announced that it would stop the import of soft PVC toys for small children and withdraw these products from sale.
• Norway- July 1, 1999- Ban on the production, distribution, import and export of toys and other products aimed at children under three years old and containing phthalate plasticisers.
• Tunisia- July 18, 2000- Ban on the importation, selling and distribution of all PVC toys and childcare articles intended for children under the age of three and which contain more than 0.1% of one of the six mentioned categories of phthalates (DINP, DEHP, DNOP, DIDP, BBP, DBP)

PVC Bans on other Products

• Aachen, Germany- 1996- First Community to include a ban on the use of PVC in cables.
• Japan- July 27, 2001- an ordinance on "Standard on Food, Additives, and related Products" was amended to stop the phthalate DEHP being used in Food utensils and vessels and to stop the use of DEHP and DINP in toys (covers all toys up to the age of six):
  • In the production of resin baby toys intended to be put in the mouth, PVC which contains DEHP should not be used.
  • In the production of resin toys, PVC which contains DEHP should not be used.
  • Restrictions on PVC packaging
• Czech Republic- Waste Bill signed in February 2000- Bans the use of PVC packaging after 2008.
• Catalunya, Spain- May 1996- Parliament approved a non-law proposition to phase out PVC in food packaging:
  • "The Parliament of Catalunya urges the Generalitat Government to, starting from their proper competence on industry, commerce and food matters, forbid the manufacture and use of PVC, in any type of packaging for food."
  • Policies, Recommendations, and Resolutions for the phase out of PVC
• Denmark- 1996- "Proposal for Parliamentary Resolution for the phasing out of PVC."
  • Places restrictions on the manufacture, use, and disposal of PVC. Also calls for the elimination of heavy metal stabilizers and phthalates, the minimization of PVC construction material use in public buildings and the reduction of the incineration of PVC waste.
• Bonn, Germany- December 13, 1995- Committee for the environment announced a policy which would phase out most major uses of PVC in public construction.
• Berlin, Germany- Since 1989, over 130 public building projects have been built with the restrictions on the use of PVC.
• International Society of Doctors for the Environment (ISDE)- October 1999- Resolution on PVC:
  • ISDE is concerned that the chlorinated plastic polyvinyl chloride (PVC) represents a large amount of the plastic used in the health care industry…
  • Therefore ISDE:
    • Urges all health care facilities to explore ways to reduce, with aim to eliminate, their use of PVC plastics.
    • Calls upon health care professionals to encourage health care institutions with which they are associated to adopt policies that will reduce, with the aim to eliminate, the use of PVC plastics.
    • Strongly urges medical suppliers to develop, produce, and bring to market appropriate cost competitive and safe products that can replace PVC and other chlorinated plastics.
    • Urges governments to take action that encourage the phase out of PVC in medical devices.
    • World Health Organization- 1992- "Recommendations For the Protection of Human Health and the Environment…"
    • Measures must be taken to reduce the release the DEHP to the environment.
    • Medical devices and products that contribute to the body burden of DEHP must be scrutinized to reduce exposure to DEHP via the intravenous route.
• Luxembourg- 1991- Technical Resolution- No new pipes will be allowed for sewage systems in the capital. It covers the public as well as private sectors.
• Bergen, Norway- 1991- Decision to phase out PVC in public buildings.
• Andalucia, Spain- November, 1996- Approved a Resolution on PVC that includes several measures, including a phase-out of PVC in health care institutions.
• Toronto City Council -1996- PVC Resolution

PVC Strategies

• Denmark- 1999 "Action Plan for the Reduction and Phasing out of Phthalates in Soft Plastic."
  • A tax on PVC of two Danish Kroner per kilogram (Approx. 0.3 USD/kg) (entered into force 1 July 2000)
  • A tax of 7 Danish Kroner per kilo of phthalates (Approx. 1.2 USD/kg) (entered into force 1 July 2000)
  • New PVC products must be free of additives containing environmental contaminants and substances which are harmful to health
  • PVC products which are difficult to separate must be substituted as far as possible
  • As far as possible PVC must be kept away from incineration plants
  • Relevant treatment technologies must be developed
  • Recyclable PVC must be collected and regenerated
  • Recycling PVC containing heavy metals must be limited and only occur in controlled system.
• European Union- Green Paper on PVC (the excerpt below is taken directly from the website: http://www.europa.eu.int/comm/environment/pvc/index.htm) A number of issues regarding PVC and its impact on the environment have been identified and analysed in the Green Paper:
  • The PVC industry and its products: structure of the industry, production processes, range of products, economic importance
  • Additives: quantities used, hazards, and risks of additives, in particular heavy metal stabilisers and phthalate plasticisers
    
  • Management of PVC wastes: current quantities and treatment routes, future development
  • Recycling of PVC wastes: processes and potential quantities for mechanical and chemical (feedstock) recycling and other technologies
  • Incineration of PVC wastes: technologies, residues, costs of incineration, evaluation of a potential diversion of PVC from incineration
  • Landfilling of PVC wastes: behaviour under landfill conditions.
  • The Green paper lists a range of measures, mandatory as well as voluntary, that are available to implement a horizontal Community strategy on PVC in order to address the problems that have been identified during the above mentioned analysis. The European PVC industry has signed a voluntary commitment on the sustainable development of PVC, which among others addresses the reduction of the use of certain heavy metal stabilisers, the mechanical recycling of certain post consumer wastes and the development of further recycling technologies. Legislative measures, such as a Proposal for a Directive on PVC, or a mix of instruments such as the adaptation of existing Directives, Recommendations to the Member States and further voluntary commitments could also be adopted.
• Singapore- According to national legislation, waste PVC and PVC coated cables are hazardous waste, thus imports are banned under the Basel Convention.
• Spain - PVC Free Cities. 62 Spanish Cities have been declared PVC free cities. The "standard" measures approved are:
  • To subscribe to the decision of the Spanish Senate of 19-12-95, which asked for a state regulation on PVC.
  • To ask the regional and central government to consider the risks for public health of the consumption of food packed in PVC, as well as the risks from its production and disposal, and therefore, in order regulate its uses.
  • That the municipality, or its entities, will not buy or use mineral water or other drinks or food packed in PVC, in any of their activities. In first instance, glass bottles are recommended followed by PET or other alternative plastics that don't harm public health.
  • To recommend to all its citizens not to buy food products packed in PVC, due to the risk it may cause to humans and other living organisms.
  • To elaborate a municipal strategy that will allow in the medium term the substitution of PVC construction materials with other alternatives such as wood, in new installations, constructions, renovations, etc., carried out or funded by the municipality, with the objective that the city of…will become PVC-FREE.
  • To communicate this agreement to all institutions, and departments affected by it.
• Shiga City, Japan- 1999- PVC Banishment Policy-
  • Beginning in fiscal 2000, Shiga City will, in principle, cease using PVC pipes in municipal water-supply works.
  • It also launched a campaign to encourage households to switch to PVC-free products for everyday use. (February 2000).
• Slovakia- May 15, 2001- PVC Ban
  • As part of the new Waste Management Act, Slovakia called for a "total PVC ban for all products, including packaging."