Brominated Flame Retardants: International Restrictions

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

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

TURI
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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
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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

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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."

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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

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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

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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

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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

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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

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EU RoHS Deca

• Oct 2005 RoHS Deca Exemption
• Because Risk Assessment requires addl 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

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China WEEE and RoHS

• Chinas 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, Cr6, PBBs, PBDEs, and
  other toxic and harmful substances
• July 1, 2006 compliance date

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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 gt
  25 g in electronic products
• Take-back programs
• driver for materials that are easy and safe to
  recycle

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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 gt1 in products for sale
• After Jan 2008, intent to prohibit deca-BDE if
  alternatives available
• Hawaii octa and penta-BDE - Jan 2006

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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

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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

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Thank-you

• Contact Information
• Liz Harriman
• Harriman_at_turi.org
• 978-934-3387
• Toxics Use Reduction Institute
• University of Massachusetts Lowell
• One University Ave.
• Lowell, MA 01854