WA House RSG - Committee Meeting
(September 17, 2024) - DDE Remediation Update

Representatives of WSLCB and the Department of Ecology briefed the committee about ongoing research and cleanup of legacy pesticide soil contamination in central Washington.

Here are some observations from the Tuesday September 17th Washington State House Regulated Substances and Gaming Committee (WA House RSG) Committee Meeting.

My top 3 takeaways:

• Washington State Liquor and Cannabis Board (WSLCB) Enforcement Captain Matthew Murphy reviewed action taken following an agency investigation into Dichlorodiphenyldichloroethylene (DDE) contamination in some Central Washington cannabis facilities (audio - 6m, video - TVW, presentation).
  • Murphy brought up the DDE investigation following his remarks on cannabis testing protocols. He talked about how, in 2023, WSLCB investigated the presence of legacy pesticide with the support of other agencies, and mentioned outcomes from funds budgeted that year to address soil contamination concerns in a part of Okanogan County.
    • WA House RSG members were previously briefed on the topic in December 2023.
  • Murphy described a pattern of DDE contamination which WSLCB investigators had initially noted at the end of 2022 when random “testing result show[ed] detectable levels of DDE, some above action levels” in rule. He noted the compound was a remnant from dichlorodiphenyltrichloroethane, “DDT, which was a pesticide that was outlawed in the United States in 1973,” and had been found in products from “18 licensed cannabis locations” in Okanogan County. All were placed under an administrative hold. When products from five producer/processors showed DDE above action levels, all conducted voluntary cannabis recalls.
  • Murphy suggested contamination concerns had been addressed, and WSLCB staff learned and improved collaboration with Washington State Department of Agriculture (WSDA) and Washington State Department of Ecology counterparts. 
  • Murphy pointed out that lawmakers approved a capital budget appropriation and other money for soil grants as part of SB 5693, the 2023 operating budget. He added that Ecology staff had released updated information on DDT impacts on cannabis cultivation and were working on a legislative report due in December 2024.
  • "We did have some lessons learned on such a large project, we did get a better understanding of the lab limitations of the WSDA for testing, an understanding of timing of test results, a need for lab capacity, [and] a dedicated project manager during similar projects,” he said. Murphy further felt the situation showed the importance of robust systems for product tracking and recalls, and also mentioned ongoing initiatives to require heavy metal testing, explore partnerships with university labs for increased capacity, and develop a new traceability system.
    • Cannabis traceability was a topic covered by WSLCB Director of Legislative Relations before Murphy’s remarks to the committee.

• Washington State Department of Ecology (DOE) Cleanup and Compliance Unit Supervisor Will Strand provided updates on a DDE contamination budget proviso, university research on the topic, and a timeline for remaining actions (audio - 10m, video - TVW, presentation).
  • Strand explained that after DDE contamination was discovered in Okanogan County, the legislature appropriated funds to assist the WSDA with testing for DDE and to help businesses remediate contaminated soil. He indicated that DOE’s Toxic Cleanup program had received $5 million and been asked by elected officials for several actions:
    • “Implement a program to remediate soil in Okanogan County that has produced cannabis that exceeded LCB state action levels for DDT.”
    • Coordination with WSLCB and WSDA counterparts.
    • “Provide a status report to the legislature by December 1 of 2024.”
  • DOE cleanup officials had been meeting with the other agencies and the farmers involved, and Strand noted “we chose to approach the project in three main areas:”
    • In coordination with the Center for Cannabis Policy, Research, and Outreach (WSU CCPRO), “a research laboratory at Washington State University” would look into “how, when and where cannabis plants absorb or uptake DDT from the soil. Currently, this is an unknown process in the cannabis plant…this work was funded for approximately $720,000.”
      • He stated the study was “progressing well, “preliminary results indicating that DDT and its remnants move upward through the plant stem through growth, which makes sense.” 
    • “Secondly, we hired an environmental consultant to determine the viability of several different soil remediation methods…that includes excavation and removal of contaminated soil, the mixing of contaminated soil with clean soil, capping in place, consolidation and capping of the contaminated soil, and then finally bioremediation of the contaminated soil…the consultant is also performing a literature review to look for any existing scholarly or research work that's already been performed in the United States that may help us, and Ecology funded this feasibility study for up to $92,000.”
      • The feasibility study remained “on track, we recently expanded the scope slightly to account for some lessons learned from our soils grant agreement,” said Strand.
    • Lastly, the bulk of the allocated funds—$3.8 million—”will bring new soil to the affected farms. In that we partnered with the Okanogan Conservation District and the Washington Soils Conservation Commission for this grant, and we really appreciate their expertise.”
      • Strand told the committee: “we found several possible sources of new soil so far, unfortunately, none of them have worked out yet. It's such a large volume of soil that it has been a challenge to find farming quality soil and get it there while safeguarding areas with potential cultural resources as well as satisfying regulatory requirements…Okanogan Conservation District is continuing to work on it, and they will be soliciting bids to supply and deliver soil to both farms.”
  • Once the studies were completed and submitted to the relevant legislative committee, which Strand predicted would be in spring of 2025, they would continue managing the soil grant portion of their budget until the allocated money lapsed in July 2025. While a State Environmental Policy Act (SEPA) study and cultural resource reviews were underway, he suggested there were “some recommendations based on our early results.”
    • “Legacy pesticide concerns on agricultural land” weren’t new, Strand pointed out, but they were new to cannabis production. He said that DOE had been happy to contribute to the soil cleanup work, but “we suggest that [the] Department of Agriculture and LCB lead future efforts.”
    • “Results from the two studies should be used in future decision making, and we suggest identifying knowledge gaps that still exist,” he added.
    • “Continue to include the outdoor growing community in the regulatory processes, while also planning for…more potentially affected farmers…we've heard about possible issues such as mixing, blending and distribution of THC extracts, and also about possible impacts regarding pesticide regulatory thresholds in final products.”
  • Wrapping up, Strand indicated that he anticipated the university research to be completed in the spring of 2025 and for the RFP for DDE testing to be issued in the next couple of months.

• Committee members had questions for panelists related to carbon sequestration, plant toxicity, and existing agency authority.
  • Representative Kristine Reeves was curious if the report to lawmakers would have information or metrics on carbon sequestration in cannabis (audio - 1m, video - TVW).
    • Strand answered that the scope of the proviso was limited to DDE and soil contamination, but “it's an interesting question."
  • Co-Chair Sharon Wylie remarked, “when this problem emerged, there was some confusion, at least on my part, on how much we really knew about…how much of this material is toxic.” This made her curious, “did more information about that emerge” when implementing the budget proviso? (audio - 2m, video - TVW)
    • Strand replied that DDT and DDE remnants could be taken up into plant structure, but that more information on the paths and concentrations in different parts of the plant would be published in their legislative report in December.
  • Reeves brought up Strand’s suggestion that WSLCB and WSDA take the lead on the subject, inquiring whether this would need action by the legislature, “like moving cannabis production to agriculture as a crop, for example” (audio - 2m, video - TVW).
    • Stand said her question “goes outside my knowledge base as the project manager.” He offered to “get back to” Reeves with a recommendation from DOE leadership. “The takeaway that I'm trying to share today is that we have great expertise in, in the Toxics Cleanup program [but] plants that are ingested, or products that are ingested is really…outside of our wheelhouse, and not something we have a lot of familiarity with,” making the other agencies with greater “direct regulatory authority” preferable to lead on the issue of product safety.
    • During the 2024 legislative session, Reeves was the primary sponsor of HB 2334, “Transferring certain cannabis licensing activities to the department of agriculture.”

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