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ISSUE: REGULATING PBDEs

Introduction

Polybrominated diphenyl ethers (PBDEs) are a group of chemicals that are widely used as fire retardants. They are found in electronics, electrical cables, carpets, furniture, and textiles. A type of PBDEs, called Deca, is the most widely used, followed by Penta and Octa PBDEs.(1) Of these three types, Penta PBDEs, the type most easily absorbed into living organisms(1), are the most common in the U.S., and Americans are likely to come in contact with them dozens of times a day.(2) PBDEs are effective flame retardants because they release bromine at high temperatures. The bromine then interferes with the chemical reactions that drive oxygen dependent fires.(3) They are mixed into products as they are manufactured, but do not bind with the plastic or foam they protect. Because of this, they continuosly leach out of the consumer goods in which they are used.(3) PBDEs tend to accumulate in fats and are resistant to physical, chemical, and biological degredation, which causes them to be highly persistant in the environment and to accumulate in the bodies of organisms that are exposed to them.(3) PBDEs are now found around the world in dust, air, water, and sediments. They have also been found in the tissues of whales, seals, birds and bird eggs, moose, reindeer, mussels, eels, and dozens of species of freshwater and marine fish.(2)(4)

While PBDEs are chemically similar to PCBs(5), they have not been as well studied.(3) There are indications, however, that PBDEs may be just as dangerous to human health and the environment as PCBs. PCBs were banned years ago due to their negative health effects on humans, including immune suppression, altered sexual development, cancer, delayed brain development, lower IQ, and behavioral problems like hyperactivity.(6) One concern is the rapidly increasing concentration of PBDEs worldwide(5), which is doubling every two to five years.(1) They have been found in tissue, blood, and breast milk of women worldwide. The concentrations currently found in tissues of American women are the highest ever reported.(1)(7)

Based on the scientific literature to date, there are a number of potential negative health effects of PBDEs.(8) These include thyroid hormone disruption, permanent neural damage, behavioral changes, loss of hearing, delayed onset of puberty, decreased sperm count, birth defects, and possibly cancer.(9)(10) PBDEs can interfere with and potentially disrupt the human thyroid hormone system(11), and exposure to PBDEs can produce physical changes in the thyroid gland.(9) Decreases in thyroid hormone levels, which PBDEs can cause, interfere with normal brain development in babies and young children, and can have negative health impacts for adults, including fatigue, depression, anxiety, unexplained weight gain, hair loss, and low libido.(10) Studies of mice exposed to PBDEs show that exposure can change behavioral patterns(12) and impair the development of the nervous system, causing learning and movement problems which get worse over time, even if the exposure to PBDEs ends.(13)(14)

Other studies indicate that PBDEs can have a greater negative impact when the exposure occurs early in the animals development, suggesting that human fetuses and babies are most at risk.(14)(15) PBDEs may also be human carcinogens, according to the U.S. National Toxicology Program.(16) PBDEs have been linked to non-Hodgkin’s lymphoma in humans, a variety of cancers in rodents(17), and may stimulate the growth of breast cancer cells.(18) Studies have indicated that just one exposure to PBDEs can have harmful health effects, and that the levels that can cause harm are already present in many humans.(10) Because PBDEs have not been well studied, we have no idea what level of exposure is safe for humans, but our current levels of exposure could already be putting us at risk.

Regulatory Activity

The European Union has banned the use of several types of PBDEs, and Japan instituted a voluntary phase out.(19) California passed a statewide ban on the use of Penta and Octa PBDEs, effective 2008, and several other states have introduced bills that would regulate PBDEs. They are not currently regulated by the U.S. government(20), but the U.S. Environmental Protection Agency has been working with U.S.-based PBDE manufacturers on a voluntary phase out plan. Most brominated fire retardants used in North America are made by two companies, Great Lakes Chemical Corp. of West Lafayette, Indiana, and Albemarle Corp. of Richmond, Virginia.(10) Great Lakes Chemical has agreed to stop production of Penta and Octa PBDEs before 2005 and replace them with other products which appear to be safer.(21) Many companies have already found affordable, effective substitutes to using PBDEs as flame retardants, including redesigning their products to separate heat sources from flammable components, using materials that are inherently flame retardant, and finding less toxic chemical flame retardants. Many companies, including IKEA, Intel, Sony, Phillips Consumer Electronics, Toshiba, Motorola, and Apple, have decreased or discontinued their use of PBDEs.

PBDEs are a potentially very serious health risk because of their ubiquity and their tendency to accumulate in the human body. It is clear that we are already exposed to high levels of PBDEs, do not know what level of exposure is safe, and that children are at a higher risk from PBDEs than adults. Because safer, commercially viable alternatives are available, it only makes sense to stop using PBDEs.

Passed Legislation

California
AB 302 prohibits, on and after January 1, 2008, a person from manufacturing, processing, or distributing in commerce a product containing more than 1/10 of 1% pentaBDE or octaBDE, by mass. The bill requires that the Senate Office of Research submit to the President Pro Tempore of the Senate and the Senate Environmental Quality Committee recommendations regarding the regulation of polybrominated diphenyl ether. (8/11/2003 Chaptered. Chapter No. 205)

Introduced Legislation

Massachusetts
H 2275/S 1268 relate to alternatives to the use of toxic chemicals. PBDEs are included on the list of chemicals to be phased out.
(9/18/2003 In Joint Committee on Natural Resources and Agriculture: Heard. Eligible for Executive Session.)

Michigan
HB 4406 regulates release of polybrominated diphenyl ethers (PBDEs).
(3/19/2003 to House Committee on Land Use and Environment.)

HB 4407 provides sentencing guidelines for the crime of releasing polybrominated diphenyl ethers (PBDEs) into the environment.
(3/19/2003 to House Committee on Criminal Justice.)

New York
S 5712 provides for the restriction of certain brominated flame retardant chemicals in the manufacture, process, and sale of electronics, furniture, and textiles.
(8/20/2003 to Senate Committee on Rules.)

A 9207 prohibits the manufacture or sale of products containing certain flame retardant chemicals; prohibits any person from manufacturing, selling or offering for sale, transporting or causing to be transported in commerce or for the purpose of sale or delivery after sale in commerce any product or a flame retarded part of a product which contains more than one-tenth of one percent of pentaBDE, octaBDE, or decaBDE by mass.
(10/31/2003 to Assembly Committee on Economic Development, Job Creation, Commerce and Industry.)

Links

Press Clips

Sources:
(1) “Polybrominated Diphenyl Ethers Data Sheet.”Accu-Chem Laboratories. 24 November 2003 <http://www.accuchem.com/tox/testpanels/datasheets/pbde.htm>.
(2) Lunder, Sonya and Renee Sharp. “Toxic Fire Retardants Building Up in San Francisco Bay Fish.” Environmental Working Group. 9 December 2003 <http://www.ewg.org/reports/taintedcatch/es.php>.
(3) “The Basics of Polybrominated Diphenyl Ethers (PBDEs).” Our Stolen Future. 24 November 2003 <http://www.ourstolenfuture.org/NewScience/oncompounds/PBDE/whatarepbdes.htm>.
(4) “PD2000 Numbers Selection Report.” The Arctic Monitoring and Assessment Programme. 6 April 2001. 24 November 2003 <http://www.amap.no/amappd/full-001-100.pdf>.
(5) Hooper, Kim and Thomas A. McDonald. “The PBDEs: An Emerging Environmental Challenge and Another Reason for Breast-Milk Monitoring Programs.” Environmental Health Perspectives 108.5 (May 2000). ehp online. 9 December 2003 <http://ehpnet1.niehs.nih.gov/docs/2000/108p387-392hooper/hooper-full.html>.
(6) Madsen, Travis, Susan Lee, and Teri Olle. “Growing Threats: Toxic Flame Retardants and Children’s Health.” Environment California Research and Policy Center. March 2003. mindfully.org. 9 December 2003 <http://www.mindfully.org/Plastic/Flame/Children-Flame-RetardantsMar03.htm>.
(7) Schecter, Arnold, Marian Pavuk, Olaf Päpke, John Jake Ryan, Linda Birnbaum and Robin Rosen. “Polybrominated Diphenyl Ethers (PBDEs) in U.S. Mothers’ Milk.” Environmental Health Perspectives 111.14 (November 2003). ehp Online. 9 December 2003 <http://ehpnet1.niehs.nih.gov/docs/2003/6466/abstract.html>.
(8) McDonald, T.A. “A perspective on the potential health risks of PBDEs.” Chemosphere 46.5 (February 2002). Natinal Center for Biotechnology Information. 9 December 2003 <http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=11999798&dopt=Abstract>.
(9) “PBDEs: KEY FACTS.” Alliance for A Healthy Tomorrow. 9 December 2003 <http://www.healthytomorrow.org/pdf/pbde_facts.pdf>.
(10) Lunder, Sonya and Renee Sharp. “Mothers’ Milk: Record levels of toxic fire retardants found in American mothers’ breast milk.” Environmental Working Group. 9 December 2003 <http://www.ewg.org/reports/mothersmilk/es.php>.
(11) Meerts, Ilonka A.T.M., Jelmer J. van Zanden, Edwin A.C. Luijks, Ingeborg van Leeuwen-Bol. Göran Marsh, Eva Jakobsson, Åke Bergman, and Abraham Brouwer. “Potent Competitive Interactions of Some Brominated Flame Retardants and Related Compounds with Human Transthyretin in Vitro.” Toxicological Sciences 56 (2000). 6 December 2003 <http://toxsci.oupjournals.org/cgi/content/abstract/56/1/95>.
(12) Branchi, I., E. Alleva, and L.G. Costa. “Effects of perinatal exposure to a polybrominated diphenyl ether (PBDE 99) on mouse neurobehavioural development.” Neurotoxicology 23.3 (September 2002). National Center for Biotechnology Information. 9 December 2003 <http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=12387364&dopt=Abstract>.
(13) Eriksson, Per, Eva Jakobsson, and Anders Fredriksson. “Brominated Flame Retardants: A Novel Class of Developmental Neurotoxicants in Our Environment?” Environmental Health Perspectives 109.9 (September 2001). ehp online. 9 December 2003 <http://ehpnet1.niehs.nih.gov/docs/2001/109p903-908eriksson/abstract.html>.
(14) Eriksson, P., H. Viberg, E. Jakobsson, U. Orn, and A. Fredriksson. “A Brominated Flame Retardant, 2,2`,4,4`,5-Pentabromodiphenyl Ether: Uptake, Retention, and Induction of Neurobehavioral Alterations in Mice during a Critical Phase of Neonatal Brain Development.” Toxicological Sciences 67.1 (May 2002). 9 December 2003 <http://toxsci.oupjournals.org/cgi/content/abstract/67/1/98>.
(15) Zhou, Tong, Michele M. Taylor, Michael J. DeVito, and Kevin M. Crofton. “Developmental Exposure to Brominated Diphenyl Ethers Results in Thyroid Hormone Disruption.” Toxicological Sciences 66.1 (March 2002). 9 December 2003 <http://toxsci.oupjournals.org/cgi/content/abstract/66/1/105>.
(16) The National Toxicology Program. 9 December 2003 <http://ntp-server.niehs.nih.gov/>.
(17) “Healthy Milk, Healthy Baby: Chemical Pollution and Mother’s Milk.” Natural Resources Defense Council. Last Revised 5/22/01. 9 December 2003 <http://www.nrdc.org/breastmilk/chem10.asp>.
(18) P.W. McRandle. “PBDE Fire Retardants and Health Threats.” The Green Guide. 30 June 2003. 9 December 2003 <http://www.thegreenguide.com/doc.mhtml?i=97&s=pbde>.
(19) Freeman, Allison. “Democratic lawmakers ask for EPA info on PBDEs.” Greenwire. 24 October 2003. 9 December 2003 <www.eenews.net/greenwire/>.
(20) Cone, Marla. “Bucking a toxic trend.” Los Angeles Times. 22 October 2003.
(21) “Firm to stop making risky chemicals: State ordered flame retardants banned by 2008.” San Francisco Chronicle. 4 November 2003. 9 December 2003 <http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/11/04/BAGN72PPQ21.DTL>.
This page was last updated on December 9, 2003.

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