A spokesperson from the Office of Environmental Public Health Oregon Public Health Division has clarified statements made by the state’s Oregon Health Authority (OHA) and Oregon Department of Environmental Quality (DEQ) about the implementation of a new ban on products containing deca-bromine (decaBDE). Based on comments made by OHA, the Pallet Enterprise incorrectly reported that plastic pallets containing decaBDE would be classified and disposed of as hazardous waste.
David Livengood of the Oregon DEQ stated that pallets containing the banned substances would not be classified as hazardous waste. Instead, he wrote, “If disposed, the pallets are a solid waste and can go to any permitted disposal site.”
Curtis Cude, a spokesperson for Office of Environmental Public Health Oregon Public Health Division, said, “Due to the restrictions on products introduced to commerce in Oregon after Jan. 1, 2011 that contain 0.1% of decaBDE, reuse or recycling of any such products would also be restricted. Companies may dispose of these products as noted by DEQ.”
In 2009, Oregon passed PBDE flame retardant legislation (Senate Bill 596) that phased out the use of PBDEs starting January 1, 2011. Among the items covered in the ban are plastic pallets made with controversial fire retardants called polybrominated diphenyl ethers (PBDEs).
In Oregon, the DEQ is responsible for disposal of solid and hazardous waste while the state’s health department is overseeing the new decaBDE ban. OHA and DEQ recently discussed issues that the Enterprise raised with the new law and provided a clarification of the restrictions on products containing decaBDE.
The ban could have a major impact on Intelligent Global Pooling Systems (iGPS) and its customers, because the second generation iGPS pallet uses decaBDE (deca), a fairly common form of PDBE that has fallen out of favor over recent years. The ban applies to most products, except a few notable exceptions, that contain more than one tenth of one percent of PBDE’s. iGPS admitted in public documents that its pallet contains about 4 lbs. of the material.
iGPS did not return requests for comment on the guidelines issued by Oregon. However, the plastic pallet pooler did comment to California Watch, a watchdog Website, that it was seeking an exemption. iGPS stated, “While the attempt to single out plastic shipping pallets now – years after the statute was enacted – is questionable, we are confident that both the underlying statute and any follow-on rule making will not affect iGPS operations. The Oregon Health Authority plans to engage in a formal rule making procedure which will allow all affected parties to be heard, and iGPS will be involved in that process.”
Specifically, OHA stated that the ban applies to plastic shipping pallets. The OHA also clarified that the “law provides no ‘grandfather’ provision or any phase-in of compliance.”
Questions regarding the disposal of banned pallets or other affected products should be directed to Oregon’s Solid Waste Program by calling Christie Nuttall at 503-229-6832. Questions about the law, guidelines or health concerns should be directed to OHA by calling Kris Steigler at 971-673-1014 or David Farrer at 971-673-0971.
Around about the same time OHA was issuing guidance on the new deca ban, the world’s largest retailer, Walmart Stores, Inc., announced that it is banning the use of polybrominated diphenyl ethers (PBDEs) in the products it sells. The retail giant has not clarified how this policy will impact the use of PBDE in its stores or handling equipment, such as pallets.
The Washington Post carried an article on February 26 explaining the policy. Walmart recently sent a notice to suppliers reminding them that it would begin testing June 1 to make sure that products do not contain PBDEs.
The Washington Post reported, “A spokesman for Walmart said the company quietly made the decision to ban PBDEs from some products ‘several years ago’ but just recently reminded suppliers that it would begin verification testing in June. Spokesman Lorenzo Lopez said Walmart was motivated to act after a handful of states began banning PBDEs.”
It is unclear exactly how the ban impacts products used by Walmart in its stores and supplychain. The Pallet Enterprise has contacted Walmart seeking clarification. With its size and influence, Walmart could have a major impact on the use of PBDEs in commercial goods as well as supply chain products, such as pallets. Currently, Walmart uses iGPS pallets in both its stores for merchandising and its distribution centers.
