Brominated Flame Retardants: International Restrictions

1. TOXICS USE REDUCTION INSTITUTE Brominated Flame Retardants:International Restrictions Oct. 25, 2005 NEWMOA Emerging Chemicals Issues New York City Liz Harriman MA Toxics Use Reduction Institute TURI

2. Overview • European Union • Risk Assessments • Directives/ Regulatory activities • China • Market Drivers • Voluntary Phase-Outs • US State Initiatives TURI

3. European Union EU Directives Directive 76/769/EEC: Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations + Amendments WEEE and RoHS Directives

4. Status of EU BFR Risk Assessments • Penta-BDE • Finalized 2000 – much uncertainty, concerns with bioaccumulation and presence in breast milk • Risk Reduction Strategy recommended restrictions on marketing and use • Octa-BDE • Finalized 2003 – much uncertainty, concerns with debromination to lower congeners • Risk Reduction Strategy recommended restrictions on marketing and use

5. Status of EU Risk Assessments – Deca-BDE • Human Health Risk Assessment completed 2003 with “no further risk reduction measures required” • Environmental Risk Assessment – final draft May 2004 • Need for further information and testing wrt PBT assessment • "Decabromodiphenyl ether is likely to be very persistent (vP), but not bioaccumulative nor toxic in the marine environment according to the criteria presented in the Technical Guidance Document. However, the PBT assessment is complicated by data available on the: • widespread occurrence of the substance in top predators • neurotoxic effects and uptake of the substance by mammals in laboratory studies; and • possible formation of more toxic and accumulative products such as lower brominated diphenyl ether congeners and brominated dibenzofurans in the environment. • This means that the available assessment methodology might not be applicable to this substance."

6. Status of EU Risk Assessments – Deca-BDE • EU Scientific Committee on Health and Environmental Risks (Scher) on 3/31/05 said EU risk assessment underestimated dangers posed by deca and "strongly recommends" further risk reduction measures • “Emissions of deca to the environment may constitute serious problems in the future,” with more evidence of breakdown products. • Draft addendum to Deca Risk Assessment – Aug 05 • More monitoring • “Decabromodiphenyl ether contines to be a potential, though not proven, source of lower PBDE congeners that are considered to be PBT or vPvB substances”

7. EU Regulatory Restrictions • EU Directive 76/769/EEC: Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations • EU Risk Assessments on Octa and Penta-BDE resulted in Commission adopting risk reduction measures: • EU Directive 2003/11/EC (6 Feb 2003 amending 76/769/EEC) restricting octa and penta-DBE in products, effective 15 August 2004 • Concentration limited to 0.1% by mass

8. EU Regulatory Materials Restrictions • WEEE (Waste Electrical and Electronic Equipment) and RoHS (“Restriction on Hazardous Substances”) • RoHS: 1 July 2006 restricts use of mercury, lead, cadmium, hex chromium, PBBs and PBDEs • PBBs no longer used in EU and US • Octa and Penta BDE covered under Dangerous Substances Directive • Deca phase out included, but exemption adopted by European Commission 13 Oct. 2005

9. EU RoHS & Deca Exemption • EU Political Arena: The Commission, The Council & the Parliament • EC recommended exemption for decaBDE • Member states experts committee did not back the exemptions proposed by the EC by “qualified majority” • Referred to council of ministers for resolution Jun 05 • No decision by council in 90 days means automatic adoption by EC

10. EU RoHS & Deca Exemption • EU Parliament committee June resolution stating: • the Commission has overstepped its mandate and is breaking the law in bringing forward this decision which can only be made by a full proposal from the Commission to both the Parliament and Council • According to RoHS directive, Commission may amend the annex in comitology only on the basis of the (non) availability of practicable and safer alternatives, rather than reasons of risk • and called on the Council to oppose the proposal, should the Commission not amend it by withdrawing the part on DecaBDE. • Still possibility that member states will challenge exemption in European Court of Justice

11. EU RoHS & Deca • Oct 2005 RoHS Deca Exemption • Because Risk Assessment requires add’l studies, but does not recommend further risk reduction, exempt deca until further notice • Should new evidence lead to a different conclusion of the risk assessment, this decision would be re-examined and amended, if appropriate. In parallel industry is implementing a voluntary emissions reduction programme. • Exemptions are subject to review within 4 yrs • WEEE still requires separation of BFR containing plastics from waste stream

12. China WEEE and RoHS • China’s Clean Production Promotion Law, effective Jan 03 provides legislative authority for wide range of materials restrictions in China • CP: “fundamental reduction of pollution from sources, enhancement of resource utilization, reduction in or prevention of pollution during production..” • “electronic information products” (TVs, computers, household electronic products, instruments) • Substances: Pb, Hg, Cd, Cr+6, PBBs, PBDEs, and “other toxic and harmful substances” • July 1, 2006 compliance date

13. Market Supply Chain Restrictions and Drivers • Electronics Mfr. Green Product • Sony, Xerox, Motorola, Hitachi, and others have introduced products and/or set goals for reducing or phasing out certain substances • Green labeling • EU Flower Ecolabel prohibits: • PBBs, PBDEs, certain chloroparaffins, for parts > 25 g in electronic products • Take-back programs • driver for materials that are easy and safe to recycle

14. US State Regulatory Activity • Regulatory Restrictions • California • Prohibit mfr and distribution of penta-BDE and octa-BDE as of 2008 • Maine • After Jan 2006, penta-BDE and octa-BDE are prohibited in amts >1% in products for sale • After Jan 2008, intent to prohibit deca-BDE if alternatives available • Hawaii –octa and penta-BDE - Jan 2006

15. Voluntary Phase-Outs • US – Penta- and Octa-BDE phase-out by FR manufacturer • International Consortium for Fire Safety, Health and the Environment Recommendation • Sept 2004 – Called for voluntary withdrawal of chlorinated phosphate ester flame retardants, pending results of risk assessments • because of lack of information on their health and environmental impacts • widely used in past in polyurethane foams, and is a substitute for penta-BDE • 4 substances undergoing EU risk assessment – some will be complete in 2005

16. US State Regulatory Activity States considering action • Washington – Dept. of Ecology Interim Action Plan (Dec 04 – final expected Dec 05) • Recommends penta- and octa-BDE phase out and deca-BDE phase out in “appropriate products” • HB1488 and SB5515 to phase out PBDEs • Maryland – House Bill 83 – restrictions and notification – all BFRs • Illinois – HB 2572 - Octa, penta and deca phase out

17. Thank-you Contact Information: Liz Harriman Harriman@turi.org 978-934-3387 Toxics Use Reduction Institute University of Massachusetts Lowell One University Ave. Lowell, MA 01854