As we have reported in previous issues, U.S. states have been compelled to address a number of pressing environmental concerns in order to fill the vacuum left by the federal government, which has generally been reticent to regulate the environmental impact associated with consumer products. Not satisfied with having established comprehensive requirements in such areas as the recycling of electrical and electronic equipment, the use of hazardous substances in electrical and electronic devices or the sale of mercury-added products, a number of states are also stepping up their efforts to restrict the use of certain flame retardants, known as polybrominated diphenyl ethers, in consumer products. At least 11 states - California, Illinois, Hawaii, Maine, Maryland, Michigan, Minnesota, Montana, New York, Oregon and Rhode Island - have already banned the use of penta- and octa-PBDEs, which are believed by many to be the most hazardous types of PBDEs. However, Maine and Washington went a step further this year by restricting the use of deca-PBDEs, which are regarded as a less hazardous product but are used more widely than either penta- or octa-PBDEs.
PBDEs have been used extensively as flame retardants in a range of household products, including electronics, upholstery and furniture. Washington state authorities contend that studies on animals show that PBDEs can impact the developing brain, affecting behaviour and learning after birth and into adulthood. People are typically exposed to these chemicals through house dust, indoor air and food, and the level of human exposure to PBDEs has been increasing at a rapid pace in recent years, particularly in North America.
In light of growing concerns regarding the toxicity of PBDEs, Washington state recently banned the manufacture, sale and distribution of all non-comestible products containing non-deca PBDEs (with certain exemptions), as well as mattresses containing deca-PBDEs, from 1 January 2008. This ban will also be extended to residential upholstered furniture, televisions and computers containing commercial deca-PBDEs from 1 January 2011, provided state authorities determine by 31 December 2008 that a safer and technically feasible alternative is available and that this alternative meets applicable fire safety standards. Otherwise the ban would be postponed until such a determination is made.
On 14 June, Maine became the second U.S. state to establish a ban on deca-PBDEs but went a step further than Washington by prohibiting the use of this substance in mattresses and upholstered furniture from 1 January 2008. Additionally, Maine approved a ban on the sale of televisions and computers with plastic housings containing deca-PBDEs from 1 January 2010. These restrictions will not apply to transportation vehicles and parts, production or equipment used in industrial or manufacturing processes, or electronic wiring and cable used for power transmission. The legislation also authorises the state to adopt rules to ban other harmful flame retardants for these same products if there are safer alternatives that meet fire safety standards.
Efforts to establish a similar ban in California have so far proven unsuccessful, although it would not be surprising if some type of restriction were approved by the state legislature within the next year or two. The most recent legislative effort (AB 513) sought to prohibit the sale of certain electronic products containing more than 0.1 percent of deca-PBDEs by mass from 1 January 2011. This bill was defeated by the California Assembly on 7 June by a 37 to 30 vote. Other states that are considering restrictions on the use of deca-PBDEs include Illinois, Hawaii, Massachusetts, Minnesota, Montana and New York.
_200068.jpg "HKTDC Hong Kong Electronics Fair (Autumn Edition) 60x60_image")
