A new law aimed at limiting the public health impact of controversial fire retardants may soon become a problem for some pallet users, poolers and even recyclers in Oregon. 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).
The Oregon Health Authority (OHA) recently issued a directive to help manufacturers and distributors comply with a new ban that went into effect this year.
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 any product, 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.
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.” This is important because in earlier bans in other states, iGPS had worked with state governments to provide exemptions for existing pallet inventories.
It is not clear when or how Oregon intends on enforcing the ban. Currently, OHA has issued a 60-day comment period before promulgating the final rule to implement the statute. However, OHA did indicate “The law is effective January 1, 2011 and therefore parties could be subject to penalties if found in violation. This means shippers need to act now since there is no phase-in period.”
OHA has interpreted the ban to outlaw shipping or otherwise transferring a product containing PBDEs to a manufacturer, distributor, retailer, or consumer in Oregon. Additionally, OHA prohibits the holding of a product after its introduction into commerce. OHA stated that when it comes to rental pallets, the pooler is responsible for the fines and disposal of pallets covered by the ban.
When asked what a recycler or pallet user should do if it comes in contact with a banned pallet, OHA replied, “The burden of disposal is placed on the owner of the pallet and considered the responsible party. The Oregon Department of Environmental Quality (DEQ) is responsible for hazardous waste and could be contacted for disposal questions. Please direct further questions on proper disposal to David Lebrun at DEQ (503-229-6742).”
It is unclear at this time exactly how the law will be enforced. But companies and individuals that violate the ban may be subject to a temporary or permanent injunction, and may be criminally liable for a Class A or Class B misdemeanor. In addition, the OHA could issue civil penalties for violations of the law.
The new law provides exemptions for motor vehicles, airplanes, some transportation equipment, unused office furniture sold to a discount distributor, replacement parts already in commerce or existing inventories before the ban took effect, pesticides, scientific laboratory substances, food, and drugs.
The ban also excludes previously used goods sold in second hand or consignment stores or by a private party.
To view the entire guidelines, visit http://www.oregon.gov/DHS/ph/envtox/docs/PBDEGuidance.Final.pdf.
