DES seeks feedback on draft Applying Purchasing Preference to Products That Do Not Contain PCBs Policy

The Department of Enterprise Services (DES) is seeking your review and feedback on a draft policy on applying purchasing preference to products that do not contain Polychlorinated Biphenyls (PCBs).  Please review and provide feedback on whether the attached (below) provide clear direction, and whether there are any flaws in the drafts that may interfere with the intent of the policy.  Please understand that this process is not how we are proposing to engage our stakeholders for our new policy process (to be unveiled within the next month), which is to engage stakeholder input prior to policy drafting.  However, the driving force of this policy was turned on its head, so the process is a bit abnormal, but we sincerely want to hear your thoughts.  We are asking for feedback by May 30th directly to Christine Warnock with DES.

We will also be sending similar communications to all customers (through other distribution lists and a general broadcast) and to master contract vendors.  These will be sent by Monday, May 22nd.   So, I will apologize in advance if you are receiving duplicate communications.

Thank you for your help!

Christine Warnock, CPPO, CPPB
Strategic Business Initiatives Manager
Washington State Department of Enterprise Services (DES)
Contracts, Procurement & Risk Management Division
Christine.warnock@des.wa.gov
Phone:  360.407.9398
____________________________________________________________

DES seeks feedback on draft Applying Purchasing Preference to Products That Do Not Contain PCBs Policy

The Department of Enterprise Services is seeking feedback through May 30 on a draft policy that establishes a purchasing preference to incentivize bidders for state contracts to provide products and products in packaging that do not contain, or contain the lowest possible level, of polychlorinated biphenyls (PCBs).

Enterprise Services is responsible for establishing such a policy under a 2014 state law.

Enterprise Services is seeking feedback on whether the following provide clear direction, and whether there are any flaws in the drafts that may interfere with the intent of the policy:

The draft policy is designed to:

  • Set a minimum preference of 5 percent or greater for products and products in packaging that do not contain – or contain the lowest levels of – PCBs.
  • Require agencies to complete PCB procurement and purchasing training
  • Require including a PCB preference when contracts are rebid
  • Require agencies to document compliance with RCW 39.26.280
  • Ensure termination of existing contracts or stock is NOT required
  • Make good common sense in the marketplace.

Please provide your feedback by May 30 to Christine Warnock, (360) 407-9398.

Green contracting matters

Choosing products and packaging that have fewer or no PCBs is an important part of a larger statewide, green contracting effort to reduce use of toxic chemicals by Washington state agencies and find alternative products that are safer for human health and the environment. Small quantities of toxic chemicals contained in ordinary household products – including PCBs – are collectively the largest toxic threat we face today.

Vendors and state purchasers alike live, work and raise families in our state. As we use and discard products, the chemicals within them escape into the environment, where they “bioaccumulate” or build up through the food chain until they pose a threat to human health and the environment. PCBs don’t easily break down over time, build up in the food chain, and are toxic at even low levels.

In certain sections, many rivers in Washington have fish advisories due to PCB contamination; this means the Washington Department of Health has concluded that frequently eating fish from these waters poses a human health risk.

Policy Considerations

Enterprise Services recognizes that purchasing decision factors related to PCBs in products and packaging vary from product to product and are best determined by the purchaser. The draft policy is designed to address multiple types of products that have differing practical quantification limits (PQLs) for PCBs. The PQL is the lowest level that can be reliably detected when a product is tested, and it is not the same for every product.

As it worked to draft the policy, Enterprise Services established productive partnerships with the departments of Ecology and Transportation, Correctional Industries and the City of Spokane to share lessons learned and to create best practices for proactively minimizing PCBs. Enterprise Services also has worked with legislators, agency partners, industry representatives and other stakeholders, including members of the Spokane River Regional Toxics Task Force.

Timeline

 2014: State law adopted

 2015-2016: Ecology performs product testing

 Nov. 17, 2016: Ecology releases report on the presence PCBs in 201 common products and packaging.

About half (100) of the products Ecology tested were purchased by state agencies. See the Ecology Product Testing for PCB focus sheet.

 December, 2016 to May 2017: Policy development. Enterprise Services considered issues such as:

  • Alternatives assessments.
  • Criteria and standards that will be most effective in an overarching policy that needs to address multiple types of products that all have differing manufacturing methods and differing practical quantification limits for PCBs.
  • Ensuring the policy makes good common sense in the marketplace.

May 2017: Enterprise Services finalizes draft policy, seeks feedback.

 

 

May 31, 2017 Spokane River Regional Toxics Task Force Meeting

The next meeting of the Spokane River Regional Toxics Task Force is:

Date: May 31, 2017
Time: 9:00 a.m. to 12:30 pm

Location:
Spokane County Water Resource Center
1004 N. Freya Street
Spokane, WA 99202

Click here for a map

Call In Number: 509-335-2277
Participant Code: 5266916

Meeting Materials:
agenda:
–  
SRRTTF May 31_2017 Agenda_draft 1
previous meeting summaries:
–  
SRRTTF 04.26.17 DRAFT summary
–  5.10.17 SRRTTF conference call DRAFT notes
 TTWG 5.3.17 DRAFT notes
technical documents up for decision
 SRRTTF_2016_MonthlyMonitoringReport_05-24-2017_draft
(comments received on the report and addendum/data/field report: Posted Here)
–  
QAPP_addendum4_052417
other meeting documents:
–  ACE financial Statement April 2017
–  Ace commitment report Feb -April 2017
–  
Response to Leg.Fiscal Inquiry May 2017
 CPMA Meeting at IEP_Attendees List

Ecology News: Opportunity to comment on the EPA Performance Partnership Agreement

Ecology has a partnership with EPA that is revisited every two years. This year Ecology has requested $11 million from EPA for numerous environmental efforts. The partnership provides funds that support Ecology’s participation in the Task Force.The comment period for this partnership grant agreement with EPA ends on May 31st. 

Task Force members are encouraged to provide feedback for the drafting of this plan. To provide comment go to http://www.ecy.wa.gov/ppa.html 

 

 

Limnotech: 2016 Monthly Sampling Technical Report, Gravity Field report, and data – available for review.

The DRAFT Report on the 2016 Monthly Sampling, Gravity Field Report, and data are available for review. Task Force members are to send comments on the draft report to Dave Dilks at LimnoTech (ddilks@limno.com) by May 15th, 2017.

–  SRRTTF_2016_MonthlyMonitoringReport_05-04-2017_draft
–  V57684PCB_Database_1_Blank-Corrected
–  V58483PCB_Database_1_Blank-Corrected
–  Draft Gravity 2016 Field Report. part 1
–  Draft Gravity 2016 Field Report. part 2

COMMENTS RECEIVED ON DRAFT:
– Spokane County comments on 2016 Draft Monthly sampling report 170515
– Ecology_ Adriane Borgiasl Comments on SRRTTF_2016_Monthly Monitoring Report_05-04-2017
– EPA_Brian Nickel comments_SRRTTF_2016_Monthly Monitoring Report_05-04-2017_draft
– EPA_Brian Nickel_Hangman_Creek_High_Conc_Results_and_Stormwater_by_Homolog-BN

May 10, 2017 Task Force Meeting Conference Call – special meeting

The Task Force will hold a special meeting by conference call in order to review and approve a letter to EPA drafted by Doug Krapas and reviewed by the Technical Track Work group at the May 3rd Tech Track Work Group meeting. The letter was drafted to address President Trump’s signed Executive Order 13777 and EPA’s Docket ID No. EPA-HQ-OA-2017-0190. The letter specifies the Task Force request for the evaluation and correction of discrepancies that exist between the Toxics Substance Control Act (TSCA) and Water Quality Standard regulations for Polychlorinated Biphenyls (PCBs).

Voting members are highly encouraged to call in in order to achieve a quorum for the decision.

Time:Wednesday May 10th, 2017 from 10:00 am to 10:30 am
Where: Conference  Call
Call in information: 509-335-2277
Conference ID: 849827

Please review the letter prior to the call. The letter needs to be submitted before May 15th, so there is not a lot time for redrafting and incorporating many edits/changes; therefore Task Force members are asked to determine if they can live with the letter as is, and only provide edits if absolutely necessary in order to be able to approve the letter.

Agenda:SRRTTF May 10 2017 Agenda_draft

FINAL VERSION: Approved by Task Force on the Conference Call (Quorum reached)
 SRRTTF-Comments-to-Docket-EPA-HQ-OA-2017-0190-_Final Draft

 

Previous Draft Letter: REVISED DRAFT 5-9-2017
– 
SRRTTF-Comments-to-Docket-EPA-HQ-OA-2017-0190-revised-at-TTWG-meeting -SpoCounty and Riverkeeper edits _ REVISED DRAFT

SRRTTF-Comments-to-Docket-EPA-HQ-OA-2017-0190-revised-at-TTWG-meeting-SpoCounty-and-Riverkeeper-edits-Ecology comments_-REVISED-DRAFT

.

Meeting with Color Pigment Manufacturer’s Associations (CPMA) May 9, 2017 At Inland Empire Paper Company (IEP)

There will be a meeting with the Color Pigment Manufacturer’s Associations (CPMA) held on Tuesday May 9, 2017 at Inland Empire Paper Company (IEP). Doug Krapas has arranged the schedule so that SRRTTF members can show up after lunch from 12:30 to 4:30 PM.  SRRTTF members are welcome to come for the earlier tour and IEP presentation if they would like. Doug needs to get a head count of those who will attend ASAP so he can make the appropriate meeting arrangements.   SRRTTF members are highly encouraged to attend to show vested interest in this excellent opportunity to engage the CPMA on this important issue.  Please contact Doug Krapas (dougkrapas@iepco.com)  ASAP if you plan on attending.

To attend the meeting by phone:
Call-In number: 866-814-9555
Passcode: 3653519702#

Meeting Materials: (UPDATED on 5/9/17)
–  CPMA Meeting at IEP Agenda_UPDATED
–  CPMA Meeting at IEP_Attendees List (2)
Presentations
 EPA TSCA presentation 042717
–  CPMA Presentation Spokane Meeting
–  Printing Inks_George R. Fuchs_presentation
–  IEP PCB Presentation_CPMA (1)

May 3, 2017 Education and Outreach Work Group Meeting -Postponed til June 7th

he next meeting of the SRRTTF Education and Outreach Work group is:

Date: Wednesday May 3, 2017   Postponed until June 7th.
Time: 1:30 p.m. to 3:30 p.m.

Location: Washington Department of Ecology
N. 4601 Monroe St.
Spokane, WA 99205
Click here for a map.

Call in Number: 509-335-2277
Conference ID: 7775794

Meeting Documents:

May 3, 2017 Technical Track Work Group Meeting

The next meeting of the SRRTTF Task Force and Technical Track Work group is:

Date: Wednesday May 3, 2017
Time: 10:00 a.m. to 12:00 p.m.

Location: Washington Department of Ecology
N. 4601 Monroe St.
Spokane, WA 99205
Click here for a map.

Audio Call In Number: 509-335-2277
Conference ID: 2740350

Visual Presentations Only – Webinar: for audio please call number above.

To join the online meeting
——————————————————-

1. Go to
https://wadis.webex.com/wadis/j.php?MTID=m55a898449418376cda4f8cf0f22586aa
2. Enter your name and email address.

3. Enter the meeting password: 3YrsvXFJ

4. Click “Join Now”.

5. Follow the instructions that appear on your screen.

Meeting Materials:
–  TTWG agn 05-03-17 revised

–  
Industrial Park site hazard assmt
–  
Spokane Industrial Park Sewage Treatment map
  TCP process flowchart
 SRRTTF Comments to Docket EPA-HQ-OA-2017-0190 (draft letter to be discussed by TTWG and then sent out to for decision by full Task Force on conference call on May 10th, at 10 am – call in information to be sent out on May 3 with revised letter)
–  
SRRTTF_LimnoTech_05_03_2017 (Dave Dilks presentation)
–  Pilot Plant Update May 2017

Ecology News: Proposed Amendments to Chapter 173-98 WAC and Chapter 173-95A WAC (Ecology grand and loan process for funding water projects)

Below is a Rule Proposal Notice regarding proposed amendments to Chapter 173-98 WAC (the Clean Water State Revolving Fund rule) and Chapter 173-95A WAC (the Centennial Clean Water Program rule). In addition, a PDF of the Rule Proposal Notice is below.

The Rule Proposal Notice contains information on the rulemaking for the two rules, including how to obtain documents, how to participate in the combined public hearing and webinar, how to submit comments, and how to receive updates.

If you have any questions about the process, please contact:

Daniel Thompson
Department of Ecology
Water Quality Program – Financial Management Section
PO Box 47600
Olympia WA 98504-7600
Phone: 360-407-6510
Email: daniel.thompson@ecy.wa.gov


Rule Proposal Notice

Introduction

The Department of Ecology (Ecology) proposes to adopt amendments to Chapter 173-98 Washington Administrative Code (WAC), Uses and Limitations of the Water Pollution Control Revolving Fund and Chapter 173-95A WAC, Uses and Limitations of the Centennial Clean Water Program. The rule proposal will be published in the Washington State Register on May 3, 2017.

Chapter 173-98 WAC addresses requirements for Ecology’s administration of Washington State’s Water Pollution Control Revolving Fund (CWSRF) and the Water Pollution Control Revolving Administration Account. CWSRF provides low interest rate loans to public bodies for statewide, high-priority water quality projects.

Chapter 173-95A WAC addresses requirements for Ecology’s administration of the Centennial Clean Water Program (Centennial). Centennial provides grants and low interest rate loans to public bodies for statewide, high-priority water quality projects.

Proposed Amendments

Ecology proposes to amend the rules to:

  • Address “housekeeping” issues.
  • Provide more clarity.
  • Provide more flexibility.
  • Take advantage of new funding opportunities consistent with state and federal updates.

Expected Adoption Date

Ecology expects to adopt the amended rules by August 2, 2017.

Documents for Review and Comment

The following documents are available for review and comment:

  • Proposed rule language.
  • Determination of Nonsignificance.

To obtain these documents visit http://www.ecy.wa.gov/programs/wq/ruledev/wac17398/1604ov.html or send an email request to daniel.thompson@ecy.wa.gov.

 Public Hearing and Webinar

Ecology will hold a combined public hearing and webinar on May 31, 2017, at 1:00pm. The event will include a short presentation and a question and answer session followed by the formal public hearing.

The public hearing location is:
Department of Ecology
300 Desmond Drive
Lacey, WA 98503

Ecology is also offering the hearing via webinar. Webinars are an online meeting forum that you can attend from any computer using internet access. To join the webinar click on the following link for more information and instructions: https://wadis.webex.com/wadis/j.php?RGID=rcac981bd94bf44f68fee7cca7aacbe1f.

 Submitting Comments

The comment period on the proposed amended rules and the Determination of Nonsignificance ends June 7, 2016. You can comment in the following ways:

  1. Testify or submit written comments at the public hearing or through the webinar.
  2. Submit your comments via e-Comments at http://ws.ecology.commentinput.com/?id=vM3e3.
  3. Mail your comments to:

Daniel Thompson
Department of Ecology
PO Box 47600
Olympia WA 98504-7600

Ecology’s Response to Comments

All of the comments received will become part of the official record. We will publish responses to comments in a document called a Concise Explanatory Statement (CES). The CES is required by the Administrative Procedure Act (RCW 34.05) and is available after the rule is adopted.

Receive Email Updates

To receive updates on the rulemaking process and other significant grants and loans program actions, please sign up for the Ecology’s Water Quality Program’s Grants and Loans ListServ at: http://listserv.wa.gov/cgi-bin/wa?A0=ECY-WQ-GRANTS-LOAN.

 

EPA Announces Public Regulatory Reform Meetings on TSCA, TRI and Lead Exposure Reduction — May 1, 2017

Consistent with Executive Order 13777, the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention (OCSPP) is hosting two meetings on May 1, 2017, to solicit input on regulations promulgated under the Toxic Substances Control Act (TSCA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) that could be repealed, replaced, or modified to make them less burdensome.

On February 24, 2017, President Donald Trump issued Executive Order 13777 on Enforcing the Regulatory Agenda. The Executive Order (EO) establishes the “policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.” Among other things, it requires each agency to create a Regulatory Reform Task Force to evaluate existing regulations and to identify regulations that should be repealed, replaced, or modified.

OCSPP is holding two public meetings (both of which the public is invited to participate in person or via teleconference) on May 1, 2017 so that we can listen and learn from those directly impacted by our regulations.

The first meeting will be held from 9am to 12pm and will address regulations promulgated under TSCA Subchapters I (Control of Toxic Substances), II (Asbestos Hazard Emergency Response), VI (Formaldehyde Standards for Composite Wood Products), as well as EPCRA Subchapter II §11023 (Toxic chemical release forms), commonly referred to as the Toxics Release Inventory (TRI). These are regulations addressing chemical risk review and reduction programs including new and existing chemicals, polychlorinated biphenyls, asbestos, mercury and formaldehyde, as well as regulations implementing the TRI.

The second meeting will be held from 1pm to 2:30pm and will address regulations promulgated under TSCA Subchapter IV (Lead Exposure Reduction). These regulations address implementation of the Lead Renovation, Repair and Painting Program, Lead Abatement Program, Residential Lead-based Paint Disclosure Rule, and Residential Hazard Standards for Lead in Paint, Dust and Soil.

We invite you to provide input on these actions during the public meeting/teleconference or by submitting written comments to the EPA-wide docket using docket number: EPA-HQ-OA-2017-0190. The docket, which is accessible through www.regulations.gov,  will remain open through May 15, 2017. OCSPP will give equal consideration to input provided through either of these methods.

Additional information on joining the meetings (in person and via teleconference) and submitting written comments through the docket is below. For questions about this process, please contact Darlene Leonard at leonard.darlene@epa.gov. For more information about this effort, please visit https://www.epa.gov/laws-regulations/regulatory-reform.

Participating in the Meetings:

Persons interested in attending the meeting on TSCA Subchapters I, II and VI, and EPCRA Subchapter II §11023, either in person or remotely, may register at https://tsca-tri.eventbrite.com.

Those interested in participating in the meeting on TSCA Subchapter IV, either in person or remotely, may register at https://tsca-pb.eventbrite.com.

Participants must indicate their interest in speaking when registering. To attend the meeting in person or to receive remote access, please register no later than April 27, 2017.  While on-site registration will be available, seating will be on a first-come, first-served basis, with priority given to pre-registrants, until room capacity is reached. The Agency anticipates that approximately 150 people will be able to attend the meeting in person. For registrants not able to attend in person, the meeting will also provide remote access capabilities; registered participants will be provided information on how to connect to the meeting prior to its start.

 Providing Input through the Docket:

Comments can be submitted to the public docket, EPA-HQ-OA-2017-0190, which is available at www.regulations.gov. The docket will be open until May 15, 2017.

Detailed instructions on how to submit comments to the docket are available at: https://www.regulations.gov/help. Also, EPA’s Tips for Effective Comments can be found at: https://www.epa.gov/dockets/commenting-epa-dockets#tips.

We also recommend that you clearly include the subject area on which you are providing input at the beginning of your comment. The subject area could include, but is not limited to, a reference to any of the following:

  • Code of Federal Regulations regulatory cite or Part/Subpart;
  • Federal Register citation;
  • Regulatory program or rulemaking title;
  • Title of guidance document.