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WA Senate OKs bill phasing out fire retardants in some products


Published April 2, 2007

OLYMPIA, Wash. -- The Senate on Tuesday overwhelmingly passed a measure that would make Washington state the first in the nation to phase out the use of some fireproofing chemicals in televisions, computers and upholstered furniture as long as a safer alternative exists. The bill, which passed on a 41-8 vote, now heads to Gov. Chris Gregoire, who is expected to sign it. Department of Ecology Director Jay Manning said the Legislature "took a leadership role today and said we are going to phase out a dangerous chemical and not compromise fire safety in the process." The measure prohibits the manufacture, sale or distribution of most items containing polybrominated diphenyl ethers, commonly known as PBDEs. Two forms of PBDEs, penta and octa, are no longer produced in this country because U.S. manufacturers voluntarily stopped production in 2004, making deca the most commonly used form. Its largest use is in the black plastic casings of TVs. Some companies, like Dell, Canon and Sony, have already phased out PBDEs. Furniture manufacturers such as IKEA have also stopped using parts that have PBDEs. The measure before the Legislature focuses on deca, which has been detected in people, salmon, seals and orcas. Several Republicans crossed the aisle to vote for the measure, but others argued that the harmfulness of deca was unknown. "We have no reports of deaths, illnesses, injuries due to deca," said Sen. Jim Honeyford, R-Sunnyside. "Yes, it may be identifiable in small traces, due to our increased testing standards, but we still don't know if it is (the) serious problem that it's been made out to be." Others questioned whether fireproofing alternatives would be as effective as deca. "We're setting our state up for a liability issue," said Sen. Janea Holmquist, R-Moses Lake. "I don't want Washington state, and our nation, to be the first to put our citizens' lives at fire risk." But supporters of the bill noted the endorsement by the state fire marshal and the state associations of fire chiefs and firefighters and said it was an important step in improving the health of the environment and people. "We know that these chemicals are ubiquitous, both in our bodies and our environment," said Sen. Debbie Regala, D-Tacoma. "We've debated this for three years. While we've debated it, the level of these toxins in our environment and our bodies (has) doubled. This is the time." Under the measure, mattresses with deca would be banned after Jan. 1, 2008, and the chemical would be prohibited in residential upholstered furniture and in televisions or computers with electronic enclosures after Jan. 1, 2011. There would be some exemptions, including the sale of used cars made before Jan. 1, 2008, that have parts containing PBDEs, safety systems required by the Federal Aviation Administration, and medical devices. The state departments of Ecology and Health would have to review alternatives to deca-PBDE products, consulting with a fire safety committee that would include the state's director of fire protection and the executive director of the Washington Fire Chiefs. By Dec. 15, 2008, the two agencies would have to report to the Legislature on the availability of alternatives to the compound. Richard Wiles, the executive director of the Washington, D.C.-based Environmental Working Group, said in a statement that the measure's success in Washington state "could boost similar efforts in states across the country and set the stage for a national ban." According to the advocacy group, several other states are considering similar measures, including Illinois, Minnesota and California. This story also appeared in the following outlets: Forbes, NY - Apr 4, 2007 BusinessWeek - Apr 4, 2007 Longview Daily News, WA - Apr 5, 2007 ForexTV.com, NY - Apr 4, 2007 ABCmoney.co.uk, UK - Apr 4, 2007 MSN Money - Apr 4, 2007 KOMO, WA - Apr 4, 2007 The Olympian, WA - Apr 4, 2007 TheNewsTribune.com (subscription), WA - Apr 4, 2007 The Columbian, WA - Apr 3, 2007 kgw.com (subscription), OR - Apr 3, 2007 KING5.com (subscription), WA - Apr 3, 2007 Seattle Times, WA - Apr 4, 2007 Seattle Post Intelligencer, WA - Apr 3, 2007 The Spokesman Review, WA - Apr 4, 2007 The Daily Score, CA - Apr 3, 2007 KNDO/KNDU, WA - Apr 3, 2007