Ecology's PBT Initiative

The PBT Rule - Introduction

The PBT Rule, Chapter 173-333 WAC – Persistent Bioaccumulative Toxins (PBT), is a procedural rule which establishes Ecology’s process and procedures to address the subject of persistent bioaccumulative toxic substances and helps Ecology set its internal priorities in addressing PBTs.

The goal of the PBT Rule is to reduce and phase-out PBT uses, releases and exposures in Washington. The PBT Rule establishes a process that Ecology will use to evaluate and identify actions that should be taken for particular PBTs. This process is designed to enhance actions being taken under other environmental laws and regulations. It is the first rule of its kind in the U.S.

The purpose of the PBT Rule is to:

Establish criteria Ecology will use to identify PBTs that pose human health or environmental threats in Washington state;
Establish a list of PBTs in the rule;
Establish procedures Ecology will use to review and periodically update the PBT List;
Establish criteria for selecting PBTs for which Ecology will prepare chemical action plans (CAPs);
Define the scope and content of CAPs and establish the process Ecology will use to prepare those plans; and
Define the processes Ecology will use to coordinate the implementation of this rule with the Department of Health (Health) and other agencies.

This rule only applies to the Ecology. The rule does not impose new requirements on persons using or releasing PBTs, and it does not create new authorities nor does it constrain existing authorities for Ecology. The rule provides for public involvement opportunities to allow interested persons to participate in the processes for identifying PBTs and developing recommendations on measures to address uses and releases of PBTs.

PBTs come from diverse sources and are primarily man-made. Sources include disposed thermometers, thermostats and fluorescent lamps (mercury); wood-stove smoke; auto exhaust; used motor oils (PAHs); textile, carpet and leather protection (PFOS); flame retardants used in electronic, upholstery and carpet padding products (PBDEs); and ammunition, fishing sinkers and tire-balancing weights (lead).

Some persistent toxins have been banned for more than 30 years, but their presence remains in land and water across the globe. For example, good cleanup technologies don’t yet exist for addressing PCB contamination in sediments and water. In Puget Sound, for example, the PCBs in sediment build-up in orca whales and other marine life.

PBTs and Metals of Concern are identified in the PBT Rule

The following chemicals and chemical groups are on the PBT List, as well as two metals of concern:

Chemicals and Chemical Groups on the PBT List and the Metals of Concern List.

Metals	Flame Retardants	Banned Pesticides	Organic Chemicals
Methyl-mercury	PBDEs Tetrabromobisphenol A Hexabromocyclododecane Pentachlorobenzene	Aldrin/Dieldrin Chlordane DDT/DDD/DDE Heptachlor Epoxide Toxaphene Chlordecone Endrin Mirex	1,2,4,5-TCB Perfluoro-octane sulfonates Hexachlorobenzene Hexachlorobutadiene Short-chain chlor parraffin Polychlrned Naphthalenes
Combustion By-Products	Banned Flame Retardents	Banned Organic Chemicals	Metals of Concern
PAHs PCDD PCDF PBDD/PBDF	Hexabromobiphenyl	PCBs	Cadmium Lead

Multiyear CAP Schedule

The PBT Rule outlines a process for Ecology, in consultation with the Department of Health (Health), to develop a “multiyear schedule” for the preparation of CAPs. This requires prioritizing chemicals for action and explaining the rationale for their ranking, and laying out timelines for completion.

Once drafted, the preliminary schedule will be open for public review and comment. Ecology and Health will only select chemicals/chemical groups for which there are opportunities for reducing or phasing out the uses, releases or exposures of the PBT beyond levels required under other federal or state laws or regulations. The schedule for CAPs will be reviewed and updated at least once every three years.

How the rule was developed

To help craft the PBT rule, Ecology worked with an advisory committee, representing business, agricultural, environmental, government, academic/scientific and community interests. Numerous individuals and organizations also took advantage of the public comment period and public hearings to provide input on the draft rule.

What else is Ecology doing about PBTs?

Ecology is addressing the PBT problem in many different ways, including:

Ecology has been working for a number of years to reduce emissions and exposures from PBTs. These actions have often been largely separate regulatory activities aimed at different parts of the environment (air, land or water), and Ecology continues to work to ensure more coordination between these activities.
In December 2000, Ecology released its Proposed Strategy to Continually Reduce Persistent, Bioaccumulative Toxins (PBTs) in Washington State. The PBT Strategy is intended to guide the continual reduction of risks to human health and Washington’s environment from exposures to PBTs. The PBT Strategy will enable Ecology and other appropriate agencies to harness all of their tools – regulatory, voluntary, enforcement and compliance – and direct them at a group of chemicals of common concern.
Two CAPs have been completed: one for mercury (in February 2003) and one for polybrominated diphenyl ethers, or PBDEs (in January 2006). Both were developed jointly with the Department of Health.
Reducing the threat of toxics is one of Ecology Director Jay Manning’s three priorities for action. His Action Plan emphasizes prevention, in addition to the work of cleaning up existing toxic sites.

How can I find out more about PBTs?

For more information on the rule and PBTs, go the Ecology Web site, http://www.ecy.wa.gov/programs/swfa/pbt, and view items of interest under “PBT Strategy.”

Ecology's PBT Initiative

The PBT Rule - Introduction

PBTs and Metals of Concern are identified in the PBT Rule

Multiyear CAP Schedule

How the rule was developed

What else is Ecology doing about PBTs?

How can I find out more about PBTs?

PBT Rule

PBT List

Multiyear CAP Schedule

Mercury CAP

PBDE CAP

Lead CAP