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State Responses to Brominated Flame Retardants: Towards an Integrated Chemicals Policy

This comprehensive report outlines state actions towards regulating toxic brominated flame retardants (BFRs) in consumer products. Learn about laws, phase-out initiatives, and future considerations for a more integrated chemicals policy.

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State Responses to Brominated Flame Retardants: Towards an Integrated Chemicals Policy

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  1. State Responses to BFRsTowards an Integrated Chemicals Policy Ken Geiser University of Massachusetts Lowell

  2. California • 2003 California Legislature enacts AB 302 • “….believing it is necessary for the state to develop a precautionary approach…” • prohibits the manufacture or sales of products containing <0.1% penta- or octa-brominated diphenyl ether (BDE) by 2008 • new bill (AB 2587) would amend law to add deca-BDE

  3. Maine 2003 Maine Legislature passes LD 1790 “An Act to Reduce Contamination of the Environment from Brominated Chemicals in Consumer Products” • phases out the use of penta- and octa-BDE by January 2008 • charges State DEP to study the possibility of phasing out deca-BDE by January 2008 if there are safer alternatives available • Maine DEP releases draft report in 2005 concluding that “…safe and applicable alternatives for deca-BDE are available for all current uses.”

  4. Washington 2002 Washington establishes a “PBT Elimination Strategy” which includes PBDEs 2004 Governor puts priority on PBDEs 2004 Washington Department of Ecology releases “Draft Action Plan on PBDEs” • covers penta-, octa- and deca-BDEs • proposes phase out of deca-BDE in electronics

  5. Other States Initiatives 2004 New York legislature calls for a study of PBDEs • New York DEC establishes a “Task Force on Flame Retardant Safety” with a charge to report back in 2005 2004 Hawaii legislature passes law requiring phase out of penta- and octa-BDEs by 2006 2004 Michigan legislature passes law requiring phase out of penta- and octa-BDEs by 2007

  6. Other State Efforts • Phase out legislation, pending or defeated in: • Maryland (defeated) • Minnesota (defeated) • New York (pending)

  7. State Options on BFRs • Establish a study of hazards and risks • Establish a study of alternatives and options • Regulate substance under current public health authority • Regulate substance by Executive Order • Enact law regulating substance

  8. Beyond BFRs • BFRs are the current chemical of high attention • Mercury, lead, arsenic and several pesticides are of equal public concern • On the horizon of concern are perfluorinated esters, perchlorates, pharmaceuticals, cosmetics • Further out are new industrial solvents: bromopropane, n-methyl-perrolidone, 1,2 trans-dicholoroethylene, decamethylcyclopentasiloxane

  9. The Chemicals Problem for the States • States are expected to assure public health and environmental protection • Information on chemical uses, life cycles, health effects and environmental impacts is typically limited to no-existent • State and federal budgets are severely constrained • States need to consider more integrated approaches to chemicals policy

  10. State Capacities for Chemical Policy • environmental protection departments • public health departments • occupational health departments • pesticide boards • emergency response agencies • local public health boards

  11. Options forState Integrated Chemicals Policy • Create cross agency dialogues • Establish periodic cross agency seminars • Establish cross agency agreements on testing and data sharing • Establish cross agency priorities with delegated tasks (testing, labeling, regulating releases, etc.)

  12. Options forState Integrated Chemicals Policy • Canvass HPV and VCCEP data for potential state response • Create state chemical tracking systems • Establish coordinated chemicals management board

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