Great Lakes Binational Toxics Strategy

IMPLEMENTING THE BINATIONAL TOXICS STRATEGY
Implementation

Stakeholders Forum
November 16-17, 1998 - Chicago, Illinois

1998 Progress Report - Final Draft
Overview of the Binational Toxics Strategy Implementation

U.S. Challenge:

Seek by 2006, a 50 percent reduction nationally in the deliberate use of mercury and a 50 percent reduction in the release of mercury from sources resulting from human activity. The release challenge will apply to the aggregate of releases to the air nationwide and of releases to the water within the Great Lakes Basin.

Canadian Challenge:

Seek by 2000, a 90 percent reduction in the release of mercury, or where warranted the use of mercury, from polluting sources resulting from human activity in the Great Lakes Basin. This target is considered as an interim reduction target and, in consultation with stakeholders in the Great Lakes Basin, will be revised if warranted, following completion of the 1997 Canada Ontario Agreement (COA) review of mercury use, generation, and release from Ontario sources.

1. Actions to Date

The first stakeholder meeting of the Mercury Workgroup was held March 23, 1998. 57 individuals registered for the session, representing Canadian and U.S. industrial sources, utilities, environmental organizations, USEPA, and Environment Canada.

U.S. Actions

In the U.S. the baseline used for this challenge is the most recent data available at the time the BNS was signed, which for mercury use is 1995, and for mercury emissions is 1990. A 21% reduction in mercury use was achieved between 1995-1997. Between 1990-95 an estimated 28% reduction in emissions was achieved.

• The Mercury Study Report to Congress has been released and contains the information used for setting these baselines for achieving challenge goals. Numerous federal and state regulations pertaining to mercury have caused a dramatic decline in mercury use. An initial documentation of sources and regulations has been prepared, and an update is planned.
• Products and recycling programs were discussed on a conference call May 5, 1998 and various participants volunteered for follow-up tasks.

Canadian Actions

• In Canada, the baseline used for this challenge will be 1988, in keeping with the Accelerated Reduction and Elimination of Toxics Program (ARET) baseline. A dramatic decline in mercury use and release has occurred in Ontario. Sources of mercury release, current regulations, initiatives and programs have been identified.
• A Health Care Memorandum of Understanding to voluntarily reduce and eliminate the use of mercury has been signed by six Ontario hospitals. Several additional hospitals have indicated that they will also be signing the MOU.
• Information and programs which have been developed to support mercury reductions in Ontario Healthcare facilities include:
  • a healthcare pollution prevention training program. More than 80 healthcare facilities in Ontario have received this training
  • a guide to sources and alternatives
  • Pollution Probe has prepared a cost of alternatives report
  • a web site has been developed to provide ongoing, current environmental information to healthcare facilities (http://www.healthcare-environet.com)

2. Specific Reduction Activities Underway/Progress Toward Meeting the Challenge

U.S. Progress

• USEPA and the American Hospital Association (AHA) signed a memorandum of understanding committing themselves to work together toward the virtual elimination of mercury from hospital waste, to provide education, and to develop a model waste management plan.
• The cooperation of three steel mills was secured through an agreement signed in September, 1998 by the Lake Michigan Forum, USEPA, IDEM, and three northwest Indiana steel mills. This includes providing an inventory of mercury in equipment and wastes and developing reduction plans.
• The Chlorine Institute, on behalf of its members, committed to reduce mercury use in the chlor-alkali industry by 50% from 1990-1995 levels. The goal is to reduce mercury usage by 80 tons per year by the year 2005. The first annual progress report detailing efforts made toward this commitment was released on May 8, 1998.
• USEPA has promulgated standards for municipal waste combustors and proposed standards for medical waste incinerators. USEPA is also developing rules for hazardous waste incinerators and cement kilns which burn hazardous wastes. Implementation of these rules should reduce mercury emissions from these sectors.
• The workgroup is gathering information that will be of assistance to those doing outreach to the public and to retailers about mercury thermometers and alternatives to their use.

Canadian Progress

• Pollution Probe is investigating reductions options for the electrical products sector in Ontario.
• Environment Canada is gathering information concerning fever thermometer consumer behaviour in Ontario.
• A workgroup (Ontario Dental Association, Environment Canada, Ontario Ministry of the Environment, Regional Municipality of Hamilton- Wentworth) is developing a Best Management Practices Manual for Ontario Dental Offices.

3. Next Steps/3-6 Month Action Plan

• Identify major drugstore chains and other retail outreach candidates, and develop an outreach strategy to promote take-back programs and discourage sales of mercury thermometers. A subgroup will develop materials to assist with local outreach efforts.
• A conference for the Utility sector is planned for November 17, 1998, to focus on practical, near-term contributions regarding mercury devices, energy conservation, fuel switching, and green marketing.
• Update the U.S. sources and regulations paper.
• Implementation of the Ontario Dental Best Management Practices Manual.
• Obstacles encountered include: coordinating with numerous ongoing activities and organizations, staffing all potential projects, and coordinating with a large workgroup.
   

Report of the PCB Workgroup

U.S. Challenge:

Seek by 2006, a 90 percent reduction nationally of high-level PCBs (>500ppm) used in electrical equipment. Ensure that all PCBs retired from use are properly managed and disposed of to prevent accidental releases within or to the Great Lakes Basin.

Canadian Challenge:

Seek by 2000, a 90 percent reduction of high-level(>1 percent PCB) that were once, or are currently, in service and accelerate destruction of stored high-level PCB waste which have the potential to enter the Great Lakes Basin, consistent with the 1994 COA.

1. Actions to Date

• The first stakeholder meeting of the PCB Workgroup was held March 23, 1998, and was attended by 27 individuals representing USEPA, Environment Canada, the Region 5 states of IL, MI, MN, and WI, CGLI, GLU, environmental organizations, utility industry, steel industry, automotive industry, waste water treatment plants, and waste disposal industry. Minutes of the meeting have been posted on the BNS web site.
• An electronic mailing list for exchanging information and streamlining communication among workgroup members was created. This list was used to follow-up on action items from the stakeholder meeting.
• The workgroup sent a memorandum to the Integration Group requesting that it address how contaminated sediments should be dealt with under the Binational Strategy. The memorandum noted that contaminated sediments are a source of contamination for many different Level I and II substances, not just PCBs, and recommended that the Integration Group, rather than a substance-specific workgroup, should address the contaminated sediments issue.
• A PCB reduction outreach plan outlining a process for seeking and obtaining commitments to reduce PCBs in electrical equipment was drafted by the Workgroup.
• A draft PCB Options Paper on the "Virtual Elimination of PCBs was posted on the USEPA Internet site for review and comment. The paper addresses Step 3, "identify cost effective options to achieve further reductions," of the Binational Strategy’s four-step virtual elimination process.

2. Specific Reduction Activities Underway/Progress Toward Meeting the Challenge

U.S. Activities/Progress:

• USEPA will continue to consider and pursue incentives for facilities to commit to removing all of their remaining PCB equipment under the Region 5 PCB Phasedown Program. Such incentives include public recognition and enforcement/compliance strategies
• The major utilities in the Great Lakes Basin continue to remove high-level PCBs (those >500 ppm) in electrical equipment from use on a voluntary basis.
• As part of the U.S. Automotive Pollution Prevention Project, Chrysler Corporation, Ford Motor Company, General Motors Corporation, and the American Automobile Manufacturers Association continue their pollution prevention efforts, which started in 1991, to phase out "Great Lakes Persistent Toxic Substances," including PCBs.
• USEPA finalized amendments to Federal PCB regulations. The PCB Disposal Amendments, published 6/29/98, require registration of PCB transformers, aim to reduce disposal costs through reduced administrative requirements for, and self implementation of, certain activities, including the decontamination (of equipment and materials) and disposal of PCBs.

Canadian Activities/Progress:

• Small Quantity PCB Owner Outreach Program - 1998 was undertaken in the Province of Ontario in the Spring of 1998 to heighten PCB holders’ awareness of PCB decommissioning/destruction options.
• The City of Toronto Household Hazardous Waste Initiative involves sharing the progress of the City of Chicago PCB/Mercury Clean Sweep Project.
• The Municipal Electrical Association Outreach Program involves informing members of the 276 public utilities in the Province of Ontario of the BNS challenges and the PCB decommissioning/destruction options.
• The Ontario Mining Association Outreach Program involves informing members of the 46 ore producers in the Province of Ontario of the BNS challenges and the PCB decommissioning/destruction options.
• Renewal of Canadian Environmental Protection Act is designed to expand citizen participation and to expand federal enforcement capabilities

3. Next Steps/3-6 Month Action Plan

• Post, comment, and finalize the report on PCB sources and regulations. This addresses Steps 1 & 2 of the Binational Strategy’s four-step virtual elimination process (Identify Sources & Regulations).
• Finalize and begin implementation of PCB outreach plan, obtaining PCB reduction commitments from sector-specific targets.
• Update national data/baseline of PCB electrical equipment through 1997.
• Collect data on reductions of PCB electrical equipment from participants in PCB Phasedown Program and track progress of the reductions. Continue the program and expand it nationally.

Identify additional activities to achieve PCB reductions.

Finalize PCB Options Paper, and subsequently the report for Step 3 of the four step analysis (Identify Options for Reduction).

U.S. Challenge:

Seek by 2006, a 75 percent reduction in total releases of dioxin and furans (2,3,7,8-TCDD toxicity equivalents) from sources resulting from human activities. This challenge will apply to the aggregate of releases to the air nationwide and of releases to the water within the Great Lakes Basin.

Canadian Challenge:

Seek by 2000, a 90% reduction in releases of dioxins and furans, from sources resulting from human activity in the Great Lakes Basin, consistent with the 1994 COA. Actions will focus on the 2,3,7,8- substituted congeners of dioxins and furans in a manner consistent with the federal Toxic Substances Management Policy.

1. Actions to Date

The first stakeholder meeting of the Dioxin/Furan Workgroup was held March 23, 1998, and was attended by 27 individuals representing Canadian and U.S. industrial sources, environmental organizations, USEPA, and Environment Canada. Minutes of the meeting have been posted on the BNS website.

• Canada and the U.S. each released their inventories of dioxin sources. An initial review of the U.S. inventory (1998 Inventory) was completed to compare the information to what was presented in the 1994 Reassessment document. The final Canadian inventory, originally released as a draft in April 1998, is expected to be released as a final document in November 1998.

A comparison of sources within the U.S. 1998 Inventory and the Canadian Inventory was completed. The sources identified, as well as the relative ranking of these sources, is similar within the two inventories. There are differences in the overall levels of emissions from certain sources between the U.S. and Canada. This can be largely attributed to differences in activity levels for these sources between the two countries. These differences are to be discussed by USEPA and EC.

In comparing the U.S. and Canadian inventories, two studies were reviewed that estimated dioxin source emissions (U.S. Estimate Commoner and U.S. Estimate Thomas/Spiro). The 1998 Draft Inventory covers more potential emission sources than any of the other published emissions estimates. The relative ranking of sources is similar among all emissions estimates within the four inventories. The estimate levels within the Commoner and Thomas/Spiro documents may not be directly comparable to the U.S. 1998 Inventory, because these estimates do not reference a time frame and may include estimates prior to the implementation of incineration pollution measures. The U.S. 1998 inventory uses a 1995 baseline reference year for emission levels which takes into account reductions due to the implementation of incineration pollution control measures.

• On Sept. 15, 1998, staff from USEPA Region 5 met with Tom Murray of the national PBT Strategy and Dwain Winters, the Reassessment Leader, to discuss working cooperatively with the PBT Strategy and the Dioxin Reassessment Team to develop a coordinated approach to dioxin reductions and to meet the challenge goal. The results of this meeting will be shared with the workgroup and Environment Canada at the November 1998 Stakeholder meeting.

2. Specific Reduction Activities Underway/Progress Toward Meeting the Challenge

U.S. Activities/Progress

• The baseline for this challenge will eventually be based on the 1987 reference year in the final 1994 dioxin reassessment. The draft inventory released this year reveals that many of the source areas have shown substantial reductions in emissions over the time period from 1987 to 1995, and additional sources have been identified.
• Further review of the 1998 Draft Inventory is underway to help identify areas or sectors that could be targeted as part of an action plan for the reduction of dioxin/furans. Reassessment of this inventory, which is currently undergoing peer review, shows dramatic reductions in known sources and significant uncertainty in some suspected sources.
• USEPA is collecting data on suspected significant sources of dioxin that were not adequately characterized in the Draft 1998 Inventory.
• USEPA has promulgated standards for major source municipal waste combustors and will finalize standards for medical waste incinerators and for minor source municipal waste combustors. Implementation of these standards is anticipated to reduce releases of dioxins from these sectors by more than 75 percent by 2006.

In the U.S. most major sources are currently addressed through Clean Air Act Maximum Available Control Technology (MACT) standards.

USEPA promulgated a final Pulp and Paper Cluster Rule that will significantly reduce releases of dioxin from pulp, paper, and paperboard mills.

Canadian Activities/Progress

In accordance with the 1994 Canada-Ontario Agreement (COA) Respecting the Great Lakes Basin Ecosystem, the Canadian baseline for the challenge is 1988, which estimated 217 g TEQ/year of releases in the province of Ontario. The 1998 Canadian inventory estimates 73 g TEQ/year of releases for Ontario point sources, and projects 49.6 g TEQ/year of releases in 1999. Much of the reductions achieved are attributable to the Pulp & Paper sector after federal regulations were imposed.

In Canada, a Level of Quantification (LOQ) protocol is being finalized. The LOQ is defined as the lowest concentration that can be quantified with a specified degree of confidence. Any measurement below the LOQ may not be reliably quantifiable. The LOQ should therefore be used as a benchmark in developing targets and timelines in addition to considering the socio-economics and available technology for the priority sectors under consideration to assist in reaching the long term objective of virtual elimination.

In Canada, the Federal/Provincial Task Force on Dioxins/Furans is coordinating the national approach towards virtual elimination of dioxins and furans. The Task Force is recommending that the priority sectors that are to be identified in the final inventory should be addressed via the federal/provincial Canada-Wide Standards process. In late 1998, the Task Force will invite priority sectors to participate in stakeholder working groups to develop targets and timelines for the prevention and reduction of dioxins and furans. These targets and timelines may then be used for the development of Canada-Wide Standards, which are implemented by the federal and provincial governments within the bounds of their jurisdiction. This provides an excellent opportunity to develop a coordinated Canadian approach to reduce dioxins/furans consistent with the Binational Toxics Strategy challenge.

3. Next Steps/3-6 Month Action Plan

• In preparation for the November 16, 1998 Stakeholder Forum, compile information for the Workgroup to review addressing concerns raised in the November 1997 meeting.

Create a draft work plan that targets actions for source areas requiring information based on input from USEPA’s Dioxin Reassessment leader.

• The Dioxin/Furan Workgroup’s focus may include: assistance to regulated sectors in compliance, waste minimization, and options for reductions; voluntary efforts with unregulated sources such as copper smelting or imported textiles; and coordination of data gathering for suspected sources.

In late 1998, the Federal/Provincial Task Force on Dioxins/Furans will commence negotiations with priority sectors for the development of targets and timelines under the Canada-Wide Standards process for dioxins/furans. The Canadian Co-lead will participate to negotiate reductions within the Great Lakes Basin.

Consider forming ad hoc sub-committees based on sectors and activities.

• Improve workgroup diversity.

U.S. Challenge:

Seek by 2006, reductions in releases that are within, or have the potential to enter, the Great Lakes Basin of hexachlorobenzene (HCB) and benzo(a)pyrene (B(a)P) from sources resulting from human activity.

Canadian Challenge:

Seek by 2000, a 90 percent reduction in releases of HCB and B(a)P from sources resulting from human activity in the Great Lakes Basin, consistent with the Canada Ontario Agreement (COA).

1. Actions to Date

The first stakeholder meeting of the HCB/B(a)P Workgroup was held March 23, 1998, and was attended by Canadian and U.S. industrial sources, environmental organizations, USEPA, and Environment Canada. Minutes of the meeting have been posted on the BNS web site.

• Follow-up has been done with specific companies (on a one-on-one basis) to determine details of both past and present reduction plans.

Outreach is being carried out by the Council of Great Lakes Industries to increase awareness regarding the BNS among Great Lakes industries, and also to collect information related to the industrial releases for the Level I substances.

U.S. Actions

• To obtain present HCB emission levels and information regarding activities to reduce HCB emissions, outreach letters have been sent to U.S. facilities reporting 1996 (the latest year for reporting) HCB releases to USEPA’s Toxics Release Inventory (TRI). These facilities include manufacturers of agricultural chemicals, alkalies, and chlorine.

The USEPA’s Final Report of Emission Inventory Data for Section 112(c)(6) Pollutants, released in April 1998, lists the source categories for national estimated HCB emissions: utility coal combustion (30%), chlorinated solvents production (25%), pesticides manufacture (20%), tire manufacturing (19%), and pesticides application (6%). Total HCB emissions are estimated at 2.3 tons per year.

The Great Lakes Regional Air Toxic Emissions Inventory Report (RAPIDS emission information for states and provinces contiguous to the Great Lakes), released in August 1998, lists the source categories for estimated B(a)P point and area source emissions: residential wood combustion (46%), petroleum refining (41%), blast furnace and steel mills (8%), and other sources (5%). Total B(a)P emissions are estimated at 60.8 tons per year. The report does not quantify HCB emissions and provides no information on HCB sources.

Canadian Actions

An Ontario Inventory of key HCB point and area source emissions lists the following categories: pesticide use (69%), cement manufacturing (16%), wood preservation/use of preserved wood (5%), and waste incineration, including solid waste, sewage sludge, hazardous waste and hospital wastes, (6%). Total HCB emissions are estimated at 34 kg/yr.

An Ontario Inventory of key B(a)P point and area source emissions lists the following categories: iron & steel (35%), wood preservation/ use of preserved wood (27%), petroleum refining (9%), residential wood combustion (12%), vehicles (6%) and open burning (6%). Total B(a)P emissions are estimated at 18000 kg/yr.

Ontario facilities reporting to the Canadian National Pollution Release Inventory (NPRI) were specifically requested to include all HCB and B(a)P use and release information for reporting year 1998.

In 1998, Health Canada prepared a technical report on "Persistent Environmental Contaminants and the Great Lakes Basin Population: An Exposure Assessment, 1998." This report describes the assessments of human exposure to eleven priority contaminants including B(a)P and HCB.

2. Specific Reduction Activities Underway/Progress Toward Meeting the Challenge

U.S. Activities/Progress

• As a result of regulations (Synthetic Organic Chemical Manufacturing Industry (SOCMI) Hazardous Organic NESHAP (National Emission Standard for Hazardous Air Pollutants) and operational changes at certain pesticide and chlorinated solvent manufacturing facilities, there has been about a 90% reduction in total air HCB emissions since 1990. A currently proposed air toxic standard for pesticide active ingredients will require about 90% control and further reduce HCB emissions when finalized.

Communication with a rubber tire manufacturing industry association representative has begun and discussions concerning HCB reductions are planned. There are about 50 U.S. tire manufacturing facilities, and a presumptive Maximum Available Control Technology (MACT) standard has been developed in cooperation with the Rubber Manufacturers Association to control hazardous air pollutant (HAP) and particulate matter (PM) emissions.

• There are no identified controls and very limited testing for utility coal combustion. HCB emissions will be discussed with utilities.
• The fluid catalytic cracking units (FCCUs) have been identified as the source of B(a)P emissions at petroleum refineries, and a proposed MACT standard is anticipated to reduce hazardous organic pollutant emissions from FCCUs by 65% from this source category, although the exact effect of this MACT standard on B(a)P emissions is not yet known. There is also potential for voluntary reductions via improved combustion.
• Efforts will be made to work with petroleum refineries and steel mills. Although there has been about a 65% reduction in coke oven B(a)P emissions, further MACT reductions are scheduled and an attempt will be made to obtain additional voluntary reductions.
• A water monitoring plan to assess the contribution of B(a)P emissions from steel mills, especially from contaminated groundwater from coke ovens, will be developed.
• A current USEPA regulation mandates low-emission (80% reduction in emissions) combustion systems in space-heating appliances, such as wood-burning stoves, built after 1990. To reduce B(a)P emissions from residential wood combustion, an attempt is being made to perform joint public outreach/education with the Masonry Heaters Association, who have a web page to educate consumers about proper techniques for burning wood cleanly.

Canadian Activities/Progress

A Strategic Options Process (SOP) with multiple stakeholders (consultative groups representing federal and provincial governments, industry, and non-governmental organizations) is being used to develop management options for HCB.

To date investigations (stack testing of coal-powered generating facilities by Ontario Hydro) have not detected HCB emissions from this sector.

The use of Pentachlorophenol (and hence the micro-contaminant HCB present in Pentachlorophenol formulations) within the Canadian wood preservation industry decreased by 58% since the early 1990s.

Communication with the Ontario Tire Dealers Association and the Rubber Association is underway in an effort to estimate HCB release from this sector.

Health Canada is carrying out an analytical study to determine the current concentrations of HCB in pesticides that will provide updated information on the significance of HCB releases from the pesticide sector.

The Canadian Portland Cement Association has been contacted to discuss more recent stack testing results which suggest reduced HCB release levels from this sector.

An information search is underway to identify source categories and quantify Canada’s HCB inventory for the Great Lakes. An initial draft report is expected by January 1999, and a similar search will be conducted on B(a)P.

A Federal/Provincial Task Force has been established to develop an inventory of sources of releases of dioxins and furans, and HCB, and to develop an action plan consistent with the objective of virtual elimination as per the Toxic Substances Management Policy (TSMP). A draft inventory has been prepared and is in the process of being reviewed and finalized.

Significant action has been taken and is continuing to be taken by the Iron & Steel Sector to reduce B(a)P releases, in particular from coking operations. A memorandum of understanding has been signed with one of Ontario’s 4 integrated mills, Dofasco - Hamilton, to reduce B(a)P releases from coking operations, and a facility-based pilot project is underway at one mill, Algoma - Sault Ste. Marie, to promote toxic reductions.

Ontario is implementing a "Drive Clean" program aimed at reducing emissions of smog-causing pollutants from passenger cars, trucks and buses in Ontario. This program is also expected to reduce B(a)P releases from the transportation sector.

B(a)P/HCB contaminated sediments: The Algoma slip in Sault Ste. Marie has been dredged and 20,000 cubic metres of sediments removed, and a section of the Thunder Bay Harbour was dredged to remove 1,500 cubic metres of sediment in 1997 and another 10,000 cubic metres in 1998.

A Strategic Options Process is also being used to identify, evaluate and recommend options for reducing the release of toxics from the Steel Manufacturing and the Wood Preservation Sectors; both sectors are identified as key B(a)P source categories.

A pilot project with stakeholders (wood stove manufacturers, users) is underway to encourage the change-over from older technology to newer technology stoves.

3. Next Steps/3-6 Month Action Plan

• Complete outreach to significant HCB emitters and transfer, as appropriate, any reduction technologies to similar facilities.

Review emissions information on newly identified major HCB sources.

Investigate the discrepancy noted between the U.S. and Canadian HCB inventories with respect to the utility (coal) sector.

• Seek voluntary reductions in B(a)P in coke oven emissions from refineries and steel mills.
• Evaluate National Toxics Inventory, which will be available soon for point sources, to ensure all significant sources of HCB and B(a)P are considered.
• Resolve discrepancy between petroleum refinery B(a)P emissions in Section 112(c)(6) Inventory and RAPIDS report.