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Maine moves to ban flame retardant


Published April 7, 2004

Maine is about to become the first state to ban a widely used flame retardant that has been found in the breast milk of American and European women and that studies show is accumulating rapidly in people, wildlife and the environment.

A bill approved this week by the Maine legislature bans the sale of products containing the brominated flame retardant known as deca beginning Jan. 1, 2008. The ban is contingent on a finding by the state Department of Environmental Protection and the legislature that safer alternatives are available.

Maine Gov. John Baldacci is expected to sign the measure.

Deca is the most widely used member of a group of closely related chemicals known as polybrominated diphenyl ethers (PBDEs). They are added to plastics in computers and TVs, to foam in cushions and mattresses, and to synthetic fibers in upholstery, among other products, to slow the spread of flames.

The bill also bans products containing two other PBDEs, penta and octa, as of Jan. 1, 2006. Penta and octa have been found at higher levels in breast milk than deca and their health effects have been more extensively studied.

Scientists say they fear PBDEs may interfere with fetal brain development, causing learning, memory and behavioral problems in the children of women with high amounts of the chemicals.

"This is a commonsense response to a serious public health threat," said state Rep. Hannah Pingree, sponsor of the legislation.

The Bromine Science & Environmental Forum, which represents PBDE manufacturers, defended deca's safety and expressed concern that the law may increase fire deaths.

"At a time when the demands on the electronics industry to respect the needs of the environment and of fire safety have never been higher, it is important that a flame-retardant chemical be assessed scientifically," a statement by the forum said. "Deca ... is the flame retardant with the most scientific data supporting its use."

A California law enacted last year phases out the use of penta and octa. In Washington state, Gov. Gary Locke has directed agencies to develop a plan to phase out all PBDEs. Legislation has also been introduced in New York and Minnesota.

The Environmental Protection Agency reached a voluntary agreement with Great Lakes Chemical of West Lafayette, Ind., the only American manufacturer of penta and octa, to cease production of the two chemicals by the end of this year. A working group of EPA officials was formed in January to address the question of what to do about deca.

Some studies indicate that when released into the environment, deca breaks down into penta and octa.