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