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Legislators consider banning chemical

Sunday, February 24, 2008
(Updated Monday, June 9 - 12:35 am)

RALEIGH — Local legislators say the state should move to ban a flame-retardant chemical that scientists have detected accumulating in humans and that may affect brain development and thyroid function.

Manufacturers have stopped making two forms of PBDE — polybrominated diphenyl ethers — in the United States, but a third form remains in use.

That remaining version of the chemical — known as "deca" BDE because of its chemical structure — is used in a variety of products, including upholstered furniture and electronics such as computers and televisions.

Recently, lawmakers in Maine and Washington enacted bills to phase out the use of all PBDEs. In 2003, California was the first state to enact restrictions but exempted the deca variety.

In North Carolina, legislators on the Environmental Review Commission were briefed on the chemical this month and plan to discuss it again in March. The General Assembly will meet for its short session in May, and any legislation to restrict use of the chemical this year would have to come at the commission's recommendation.

"I would say that's not going to be a problem," said Rep. Pricey Harrison, a Guilford County Democrat who has worked on environmental issues.

Sen. Stan Bingham, a Davidson County Republican who represents parts of High Point, and Sen. Katie Dorsett, a Greensboro Democrat, have expressed interest in the legislation, Harrison said.

"I would be very surprised if we don't push hard to get something to happen," said Bingham, who also is on the commission.

Legislation likely would restrict the sale or manufacturing of products with PBDEs except in certain cases, such as in aircraft.

A spokeswoman with Chemtura said the company, which has a plant in North Carolina, does not make the chemical here. The company did not comment on the potential for legislation here.

Other lobbyists who might have an interest in the legislation, such as the retail merchants and chemical manufacturers, said last week that they had not taken a position on the potential bill.

Heather Stapleton, a Duke University assistant professor of environmental toxicology, has been studying the chemical and recently briefed the committee.

In a recent interview, she explained that concern over PBDEs was twofold. First, the chemical is prevalent in household and common workplace environments, showing up in dust, on people's hands and even in dryer lint.

Also, the chemical has a tendency to accumulate in the tissues of animals and humans. The deca form of the chemical on the market does this less than the other two forms but presents its own problems.

"The concern with deca is it is believed it can be broken down in the environment," she said.

Exposure to sun and the metabolism of certain animals, such as fish, can change deca into its more toxic cousins. As with lead exposure, infants and toddlers exposed to relatively high amounts of the chemicals could experience health consequences later. Lab experiments on animals showed impacts on learning and memory function.

Stapleton notes that PBDEs are far from the only chemical compounds found in dust and other household environments. Pharmaceuticals, pesticides and PCBs are in the mix.

"If we can reduce our exposure to any of those compounds, it's a good step," she said.

Reports from other states suggest that banning PBDEs could be a major battle, involving chemical manufacturers and other industrial interests.

Harrison said she would like to see more comprehensive legislation that charges state agencies with reviewing safety aspects of chemicals and allowing regulators to restrict chemicals with properties similar to PBDEs. For this session, she said, phasing out the use of the deca variety may have to suffice.

A number of manufacturers have pledged to stop using PBDEs. They include Dell, the computer maker with a manufacturing plant in Forsyth County.

Flame-retardant chemicals such as PBDEs have been at the heart of a battle among the furniture industry, chemical makers, tobacco producers and other industrial interests for years. The argument centers on how best to protect consumers from accidental fires and has been fought before regulators, Congress, state legislators and others.

Russ Batson, vice president for government affairs with the American Home Furnishings Alliance, said furniture makers are caught between one set of regulators interested in fire safety and others concerned about toxic chemicals.

Although regulations about to be issued by the Consumer Product Safety Commission would allow furniture makers to thread that needle, Batson said regulations under consideration by other bodies would be more stringent.

Of PBDEs, he said, "We'd be happy not to use them, provided there's not a mandate from some level of government that would require their use."

Contact Mark Binker at(919) 832-5549 or mbinker@news-record.com

About PBDE

What it is: Polybrominated diphenyl ethers describes a category of flame-retardant chemicals used in textiles, electronics and other consumer products.
The concern: PBDEs build up in human tissue and can possibly affect the development and function of the neurological system and thyroid. Research has shown that PBDE is prevalent in household dust and been found in such places as human hands, breast milk and dryer lint.
Legislative action: Two forms of the chemical are no longer used in the United States. A group of North Carolina legislators say the state should consider a ban on the last remaining formulation. That could happen in the spring.

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