Bill would delay phosphate ban in two counties

With just four months until strict limits on phosphates in dishwasher detergents take effect in three Washington counties, legislation is on the move in Olympia that some fear could delay the groundbreaking environmental agreement.

A bill that would make Spokane County the only one required to meet the near-ban on phosphates this year has passed the state House of Representatives. It seeks to remove Clark and Whatcom counties from an early start to limits that will apply statewide in 2010.

Spokane County leaders worry that the legislation, if approved, could enable the soap industry to sabotage the scheduled July 1 start of the limits in the county by arguing that the population here is too small to justify changes to how an entire industry produces detergents.

“It would leave Spokane all alone,” County Commissioner Todd Mielke said.

“Between these three counties there should be enough market demand to justify ramping up” production of phosphate-free detergents, Mielke said, referring to the current requirement that Clark and Whatcom comply with the early restrictions as well.

Environmental groups and several politicians pushed for the phosphate limits in 2006 to slow the amount of phosphorus entering the Spokane River and other waterways. Phosphorus encourages the growth of algae, which depletes oxygen and endangers fish populations. Supporters argued that the ban was critical to helping Spokane comply with federal clean water law.

Industry officials say they’re committed to abiding by the rules in Spokane County this year, but that doing so in Whatcom and Clark counties would cause distribution headaches. That’s why, they say, they want Clark and Whatcom moved to the deadline the rest of the state will follow in 2010.

The prime sponsor of the legislation, state Rep. Brian Blake, D-Aberdeen, said soap companies would have legitimate distribution problems because the three counties are so far apart. Clark County is in the southwest corner and Whatcom County is north of Seattle.

But Blake said he’s not very attached to the bill. “Folks asked me to put it out there to have the conversation,” he said, declining to name who asked him to introduce it. “I don’t think it’s relevant.”

Despite the concerns locally, all Spokane-area legislators in the House voted for the measure, which is now before the Senate.

Asked why he supported the bill, state Rep. Don Barlow, D-Spokane, said: “Good question.” There was little discussion on the bill when it passed 95-0 last month, Barlow said, and he was unaware of concerns that it could undermine the ban in Spokane. “I probably didn’t have all the facts,” he said.

Industry officials said that while they want the timeline extended for Clark and Whatcom counties, they won’t interfere with the ban in Spokane. Dennis Griesing, vice president of government affairs for the Soap and Detergent Association in Washington, D.C., said companies are committed to producing phosphate-free products nationwide by 2010.

Palmolive recently announced it will start making a phosphate-free detergent this spring, Griesing said. But many major brands likely won’t meet Spokane County’s deadline, he said.

Griesing also suggested consumers might travel outside the county to find their preferred brands.

Most grocery stores in Spokane already offer one or two phosphate-free detergents, but major brands such as Cascade, Electrasol, Sunlight and Palmolive continue to have phosphate contents ranging from 3 percent to 9 percent. The new law caps phosphate content at one-half of 1 percent.

Huckleberry’s, a chain of natural food stores owned by Rosauers, carries only phosphate-free detergents, which tend to be more expensive than conventional brands. After the new limits made news in 2006, Huckleberry’s started a billboard campaign promoting its phosphate-free choices.

Monica Hampton, manager at the Monroe Street Huckleberry’s, said the store has seen increased sales of its phosphate-free detergents since the law passed.

“I do find that it works just as well,” said Hampton, who uses phosphate-free detergent. “They’ve come quite a long ways.”

Griesing said that industry attempts at introducing phosphate-free soaps have been rejected in Arizona and Europe because the products weren’t as effective. He said new formulas that will be ready by 2010 will be different.

“Everyone expects that the new products that will emerge will be equally effective,” Griesing said.

A 2005 Consumer Reports study on dishwasher detergents indicates that some phosphate-free options already are effective. The study rated the Trader Joe’s powder detergent, which is phosphate-free, as the second best soap out of 20 tested. Two other phosphate-free brands, Seventh Generation powder and Ecover powder, also were rated “excellent.”

Mielke said the county’s utility department soon will remind distributors and grocery stores that they need to begin preparing for the ban.

Melodie Selby, senior Department of Ecology analyst, testified against a change in the law and said algae problems are severe enough in Whatcom and Clark counties that the ban also should start early in those counties.

“Two additional years allows that much more phosphorus to get into the environment,” Selby said.