The Washington State Legislature has passed the nation’s first ban
on all forms of the toxic flame retardants known as PBDEs. The Senate
passed ESHB1024, sponsored by Rep. Ross Hunter (D-Medina), by a 41 to 8
margin at noon today. Senator Debbie Regala (D-Tacoma) sponsored the
companion bill in the Senate.
“Washington state is leading the way for improving the health and
safety of our children,” said Hunter, who has sponsored the legislation
for three years. “We've come up with a common-sense strategy for
preserving fire safety while getting rid of chemicals like PBDEs that
build up in our environment, in our bodies, and even in mothers' breast
milk.”
Major manufacturers, including HP, Dell, Sony, Panasonic, and
Phillips, have already stopped using PBDEs in their products. Sen.
Regala applauded the bill’s final passage, saying “Companies have
proven that we don’t need toxic chemicals like PBDEs to make effective
products. It’s up to us at the state level to move the rest of the
industry toward safer practices.”
The Washington State Departments of Ecology and Health requested
the legislation, which is supported by Governor Gregoire, three state
fire associations, the Washington State Nurses Association, the
Washington Medical Association, and many others. The bill is the first
one of the four Priorities for a Healthy Washington to head to the
Governor’s desk. While other states have passed bans on the penta and
octa forms of PBDEs, which have been phased out of manufacture,
Washington is the first to act on the deca form. Deca has by far the
highest production volume of the PBDE forms.
"Fire fighters are concerned about preventing fires and reducing
exposure to toxic chemicals, because we’re on the front lines in both
cases,” said Keven Rojecki of the Washington State Council of Fire
Fighters. “Fire fighters are already exposed to so many deadly
carcinogens, it is critical that safer alternatives be used to ensure
products are fire safe. This bill is a victory for protecting the
health of firefighters and the public from harmful toxic chemicals."
The legislation does the following:
- Bans the use of the penta and octa forms of PBDEs, with limited exceptions, by 2008
- Bans the use of the deca form in mattresses by 2008
- Bans
the use of the deca form in televisions, computers, and residential
upholstered furniture by 2011, as long as a safer, reasonable, and
effective alternative has been identified by the state departments of
Ecology and Health and approved by fire safety officials
"This legislation is about doing the right thing to protect families
and our environment from the harmful effects of PBDEs," said Rep. Skip
Priest, R-Federal Way. "We're doing the responsible thing—banning the
chemical and working with alternative fire retardants so we don't trade
one danger for another." Priest added that he was very concerned about
the possible link between PBDEs and irregular brain development in
fetuses. This measure, he says, is the only sure way to break that
connection.
As the measure gained momentum, the bromine industry, the most
significant opponent to the legislation, employed tactics that included
testifying as fire safety organizations and widely distributing a
mailer with misleading information.
“With the passage of this legislation, Washington is a safer place
to raise children,” said Laurie Valeriano, Policy Director for the
Washington Toxics Coalition. “Scientific facts and disease prevention
won out today over chemical industry scare tactics and hype.”
Three hundred health care professionals signed a letter supporting
the ban on PBDEs, citing harmful health impacts from PBDEs including
learning and behavioral disorders, memory impairments, disruption of
thyroid function, reproductive effects, and cancer. The letter’s
authors note that substantial evidence shows the buildup of PBDEs in
people, orca whales, and the environment, and new studies find that the
deca form breaks down into other forms of PBDEs that have already been
phased out.
“This action by the Washington State legislature marks a crucial
step forward for the health, development and learning of Washington’s
children.” said Barry Lawson, MD, Immediate Past President of the
Washington Chapter of American Academy of Pediatrics said, “By phasing
out PBDEs, we can safeguard our children from exposures to these
persistent toxic chemicals and act on our responsibility to provide
them with a healthier future.”
“This is truly a case where prevention is
essential,” said Judy Huntington, MN, RN, Executive Director of the
Washington State Nurses Association. “By passing this legislation, we
are making vital progress in protecting our state’s children, families
and workers from permanent yet preventable harm.”
