Fireproofing chemical banned

OLYMPIA – 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 have already phased out PBDEs.

The measure before the Legislature focused on deca, which has been detected in humans, salmon, seals and orcas.

John Kyte, a spokesman for the Bromine Science and Environmental Forum, an industry group that opposed the bill, said in a statement that he is calling on Gregoire to veto the measure.

Kyte said the state departments of Ecology and Health should instead “conduct an unbiased assessment of Deca and other flame retardants before the state takes action that puts lives and the environment at unnecessary risk.”

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 Ecology and Health departments would have to review alternatives to deca-PBDE products, consulting with a fire safety committee.

On Tuesday, the Senate also sent to Gov. Chris Gregoire:

  • Legislation to authorize Washington’s first state-sponsored military cemetery. The $8 million cemetery will open near Spokane to serve veterans and their spouses in the region.

  • A measure to require better notification of citizens before their property is condemned for a public purpose through eminent domain.

  • A measure that would prohibit owning dangerous wild animals such as certain snakes, large cats, wolves, bears, primates and crocodiles.
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