What are we doing about it?
Controlling Risk Through Legislation and Policy
Europe Acts First
European Commission Directive 2003/11/EC bans the marketing and
use of Penta-BDE, including the marketing and sales of articles
containing Penta-BDE and Octa-BDE, effective August 15, 2004.
In January 2003, the European Parliament and the Council of the
European Union passed Directive 2002/95/EC, restricting the use
of certain hazardous substances in electrical and electronic equipment.
Article 4(1) lists the substances to be phased out of electrical
and electronic equipment by July 1, 2006, including all forms
of PBDE15. This directive
also called for an evaluation of the applications for Deca-BDE
to establish whether the Directive should be amended (i.e. certain
applications of Deca-BDE should be exempted from the ban). The
European Commission, on October 13, 2005 adopted an exemption
for Deca-BDE from the Directive 2002/95/EC. This exemption of
Deca-BDE will remain in effect for 5 years, although it can be
"unexempted" if new information is found.
Other Action in the U.S.
Other States that have taken action include California, Hawaii,
New York, Maine, Massachusetts, New Jersey, Pennsylvania and Michigan.
California prohibits any person from manufacturing, processing
or distributing, in commerce, a product containing more than one-tenth
of one percent penta or octa by mass.
In North America and the Pacific Northwest
U.S. Federal: In the United States, the Environmental
Protection Agency (EPA) requires reporting under the Toxic Release
Inventory, or TRI, for Deca-BDE. One facility in Washington reported
use of Deca-BDE under TRI, but the company, Matsushita, has stated
its intent to phase out the use of all PBDEs by March 2005. On
December 6, 2004, EPA issued a draft Significant New Use Rule
(SNUR) for Penta-BDE and Octa-BDE. This proposed rule would require
manufacturers and importers to notify EPA at least 90 days before
commencing the manufacture or import of Penta-BDE or Octa-BDE
on or after January 1, 2005.
EPA is also developing a rule to complement a national flammability
standard for residential upholstered furniture under consideration
by the Consumer Product Safety Commission. The rule would require
notification to and review by the EPA of Deca-BDE and 15 other
flame retardant chemicals or categories of chemicals likely to
be used on furniture fabric.45
In Washington State: Former Governor Gary Locke
signed an Executive Order in 2004 which directed the Washington
State Department of Ecology (Ecology), in consultation with the
Washington State Department of Health (Health), to develop a plan
to reduce the threat of PBDEs in the environment. On January 19,
2006, the Final PBDE Chemical Action Plan was published
by Ecology and Health.
Key recommendations included:
- Products Containing PBDEs at end-of-life: Ecology should
establish appropriate disposal and recycling practices for products
containing PBDE flame retardants.
- Proposed Ban on Penta and Octa-BDE: The United States
Congress or Washington State Legislature should phase-out the
manufacture, distribution and sale of new products containing
penta- and octa-BDE.
- Proposed Ban on Deca-BDE: The United States Congress
or Washington State Legislature should phase-out the manufacture,
distribution and sale of new products containing Deca-BDE provided
that safer, effective and affordable alternatives are found
or upon the emergence of additional evidence of Deca-BDE harm.
- Federal and State agencies should seek opportunities
to work with other states and interested parties to contribute
to the regional, national, and international dialogue around
changes to policies on PBTs.
- State Purchasing: The State's purchase of PBDE products
should be restricted to align with Executive Order 04-01 (Environmentally
Preferable Purchasing).
In January 2006, House Bill 1488 was re-introduced in the Washington
State Legislature during the 2006 Legislative Session to ban the
sale, offer or distribution for sale products containing PBDEs.
There were several exemptions in the bill. The bill passed out
of the House, but did not come to a full vote of the State Senate
prior to adjournment of the 2006 session.
In Canada: Deca-BDE is listed on the Canadian
Domestic Substances List, which includes substances that were,
between January 1, 1984 and December 31, 1986, in Canadian commerce,
used for manufacturing purposes, or manufactured or imported into
Canada in a quantity of 100 kg or more in any calendar year. The
purpose of the list was to define what was "new to Canada"
(similar to the Inventory of Existing Chemical Substances in the
U.S., under the Toxic Substances Control Act).
Environment Canada released a draft Environmental Screening
Assessment Report on Polybrominated Diphenyl Ethers (PBDEs)
in May 2004. The draft proposed that tetraBDE to decaBDE meet
the criteria for risk to the environment as defined under section
64 (a) of the Canadian Environmental Protection Act of 1999 (CEPA
1999). The report also found that tetra-, penta- and hexaBDEs
met the criteria for Persistence and Bioaccumulation under CEPA
1999. In addition, since these substances also met the criteria
for risk to the environment under section 64 of CEPA, and were
a result of human activity, tetraBDE, pentaBDE and hexaBDE which
are found in the commercial PentaBDE and OctaBDE mixtures were
proposed for virtual elimination from the Canadian environment.46
In May 2004, Ministers of the Environment and of Health proposed
that certain PBDEs be listed to the List of Toxic Substances in
Schedule I to the Canadian Environmental Protection Act, 1999.47
Businesses and Non-Profit Activities
In addition to public agency responses and planning, the business
community, health care providers and a range of non-profits are
taking action.
Business Responses
Among the companies phasing out PBDEs includes: Apple, Brother
Industries, Daikin Industries, Dell Computer, Eizo Nanao Corporation,
Ericsson, Hewlett-Packard, Ikea, Matsushita, Mitsubishi Electric,
NEC, Philips Electronics Industries Ltd., Samsung, Sharp, Sony,
Totoku Electric Co. Ltd., ViewSonic Corporation, Volvo and Xerox.
Boeing Corporation is pursuing elimination of non-electronic uses
of PBDEs. Boeing Commercial Airplanes (BCA) is taking the lead
in response to the impending PBDE ban due to the European Union
ban, including working with its suppliers.48
Non-Profit Activities
The non-profit community across the Puget Sound Georgia Basin
has been active in supporting the phase out or bans of PBDEs.
Notable support has been given from health based, physician and
children's health organizations, including: Washington Environmental
Council, Washington Academy of Family Physicians, Washington State
Public Health Association, Washington State Medical Association,
Washington Toxics Coalition, American Lung Association, Institute
for Children's Environmental Health, Institute for Neurotoxicology
and Neurological Disorders, Earth Ministry, People For Puget Sound,
and the Lutheran Public Policy Office.49
The Canadian Environmental Law
Association 
(CELA) recommends a PBDE ban using regulatory tools rather than
waiting for voluntary actions by industry.50
Toxics
in Harbor Seals