OLYMPIA—Despite
strong bipartisan support, the legislature failed for the second
consecutive year to pass important legislation to phase out the use of
toxic flame retardants called PBDEs that are rapidly building up in
breast milk, our bodies, and in wildlife. PBDEs are chemical cousins of
long-banned PCBs, and are known to impair learning, behavior, and
development in lab animals.
"We
had the votes to pass the bill, but in the end, the Senate didn't bring
the bill to a vote," said Laurie Valeriano, Policy Director of the
Washington Toxics Coalition.
The
bill (HB 1488) sponsored by Rep. Ross Hunter (D-Medina) and Senator
Debbie Regala (D-Tacoma) would have been a major step forward in making
Washington state a leader in protecting children's health from toxic
chemicals in products. A weakened version of the bill passed in the
House unanimously, but it was restored to full strength in the Senate
committee process.
"I
am deeply disappointed that the Legislature did not pass this critical
measure to protect the health of our children and their capacity to
learn," said Rep. Ross Hunter. "Without a ban in place, hundreds of
thousands of pounds of this chemical used in consumer products will
continue to enter Washington state every year."
The bill would have:
* Phased out the most widely used form of PBDE-known as deca-in electronic enclosures for televisions and computers by 2010.
* Phased out deca in residential upholstered furniture and mattresses and mattress pads by 2012.
* Phased out penta and octa forms of PBDEs in consumer products by
2007. These two forms have already been voluntarily phased out of
production by the U.S. chemical industry.
* Required the Departments of Ecology and Health in Consultation with
the State Fire Marshal to identify safer, effective alternatives before
the ban on deca took effect.
"The
bill represents a reasonable approach to address the ubiquitous
prevalence of these toxic chemicals - which are found in breast milk,
our bodies, orca whales and other wildlife, and the environment," said
David Heywood, MD, of Washington Physicians for Social Responsibility.
"This was a golden opportunity for the Legislature to pursue this ounce
of prevention worth a pound of cure. While we applaud those Senators
and Representatives who worked on these efforts, we are disappointed
that the Legislature failed to take this action on behalf of children's
health".
Despite
having a majority of Senators pledging support for the bill,
out-of-state chemical industry interests lobbied aggressively against
the bill, spreading misinformation about its impacts, and convinced a
few key Senators not to let the bill come up for a vote. The companies
who opposed the bill are the same companies-Albemarle and Great Lakes
Chemical-that have their roots in leaded gasoline, ethylene dibromide
(a leaded gasoline additive and banned pesticide), and, methyl bromide
(a highly toxic agricultural pesticide).
Industry
claims of deca safety run contrary to our own state agencies findings.
The Washington State Departments of Ecology and Health found that deca
breaks down into the forms that the PBDE makers agreed to phase out
(penta and octa) over environmental and health concerns. In addition,
chemical company claims that bill would negatively impact fire safety
standards were proven false by companies like HP, Dell, and Ikea that
meet the highest fire standards without the use of PBDEs.
"The
chemical companies hid behind false concerns about fire safety and
scientific data," stated Senator Debbie Regala. "The fact is companies
are already making fire-safe products without the use of PBDEs," she
added.
The
PBDE bill was a priority of the Washington state environmental
community and supported by the Washington State Nurses Association, the
Washington chapter of the American Academy of Pediatrics, the WA State
Departments of Ecology and Health and many other organizations.