Transcript Lead-Free Initiatives in the Electronics Sector

TOXICS USE
REDUCTION
INSTITUTE
Brominated Flame Retardants:
International Restrictions
Oct. 25, 2005
NEWMOA Emerging Chemicals Issues
New York City
TURI
Liz Harriman
MA Toxics Use Reduction Institute
Overview
• European Union
– Risk Assessments
– Directives/ Regulatory activities
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China
Market Drivers
Voluntary Phase-Outs
US State Initiatives
TURI
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European Union
EU Organization Relative to Chemicals Activities
European Union
European Parliament
elected by the people
Council of the EU
Ministers of EU member states
European Commission
proposes and implements laws
European Court of Justice
ensures EU law is interpreted
and applied same way in all EU countries
EC Chemicals Bureau
Risk Assessments
EU Directives
Directive 76/769/EEC: Restrictions on the
Marketing and Use of Certain Dangerous
Substances and Preparations + Amendments
WEEE and RoHS Directives
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Status of EU BFR Risk Assessments
• Penta-BDE
– Finalized 2000 – much uncertainty, concerns with
bioaccumulation and presence in breast milk
– Risk Reduction Strategy recommended restrictions
on marketing and use
• Octa-BDE
– Finalized 2003 – much uncertainty, concerns with
debromination to lower congeners
– Risk Reduction Strategy recommended restrictions
on marketing and use
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Status of EU Risk Assessments – Deca-BDE
• Human Health Risk Assessment completed 2003 with “no further risk
reduction measures required”
• Environmental Risk Assessment – final draft May 2004
– Need for further information and testing wrt PBT assessment
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"Decabromodiphenyl ether is likely to be very persistent (vP), but not
bioaccumulative nor toxic in the marine environment according to the criteria
presented in the Technical Guidance Document. However, the PBT assessment is
complicated by data available on the:
 widespread occurrence of the substance in top predators
 neurotoxic effects and uptake of the substance by mammals in
laboratory studies; and
 possible formation of more toxic and accumulative products such as
lower brominated diphenyl ether congeners and brominated
dibenzofurans in the environment.
•
This means that the available assessment methodology might not be applicable to this
substance."
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Status of EU Risk Assessments – Deca-BDE
• EU Scientific Committee on Health and Environmental Risks
(Scher) on 3/31/05 said EU risk assessment underestimated
dangers posed by deca and "strongly recommends" further risk
reduction measures
– “Emissions of deca to the environment may constitute serious problems
in the future,” with more evidence of breakdown products.
• Draft addendum to Deca Risk Assessment – Aug 05
– More monitoring
– “Decabromodiphenyl ether contines to be a potential, though not
proven, source of lower PBDE congeners that are considered to be PBT
or vPvB substances”
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EU Regulatory Restrictions
• EU Directive 76/769/EEC: Restrictions on the
Marketing and Use of Certain Dangerous
Substances and Preparations
• EU Risk Assessments on Octa and Penta-BDE
resulted in Commission adopting risk reduction
measures:
– EU Directive 2003/11/EC (6 Feb 2003 amending
76/769/EEC) restricting octa and penta-DBE in
products, effective 15 August 2004
– Concentration limited to 0.1% by mass
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EU Regulatory Materials Restrictions
• WEEE (Waste Electrical and Electronic Equipment) and
RoHS (“Restriction on Hazardous Substances”)
– RoHS: 1 July 2006 restricts use of mercury, lead,
cadmium, hex chromium, PBBs and PBDEs
• PBBs no longer used in EU and US
– Octa and Penta BDE covered under Dangerous
Substances Directive
– Deca phase out included, but exemption adopted by
European Commission 13 Oct. 2005
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EU RoHS & Deca Exemption
• EU Political Arena: The Commission, The Council & the
Parliament
• EC recommended exemption for decaBDE
– Member states experts committee did not back the
exemptions proposed by the EC by “qualified
majority”
– Referred to council of ministers for resolution Jun
05
– No decision by council in 90 days means automatic
adoption by EC
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EU RoHS & Deca Exemption
• EU Parliament committee June resolution stating:
– the Commission has overstepped its mandate and is breaking
the law in bringing forward this decision which can only be
made by a full proposal from the Commission to both the
Parliament and Council
• According to RoHS directive, Commission may amend the
annex in comitology only on the basis of the (non) availability
of practicable and safer alternatives, rather than reasons of
risk
– and called on the Council to oppose the proposal,
should the Commission not amend it by withdrawing
the part on DecaBDE.
• Still possibility that member states will challenge
exemption in European Court of Justice
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EU RoHS & Deca
• Oct 2005 RoHS Deca Exemption
– Because Risk Assessment requires add’l studies, but does
not recommend further risk reduction, exempt deca until
further notice
– Should new evidence lead to a different conclusion of the
risk assessment, this decision would be re-examined and
amended, if appropriate. In parallel industry is implementing
a voluntary emissions reduction programme.
– Exemptions are subject to review within 4 yrs
• WEEE still requires separation of BFR containing
plastics from waste stream
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China WEEE and RoHS
• China’s Clean Production Promotion Law, effective
Jan 03 provides legislative authority for wide range of
materials restrictions in China
– CP: “fundamental reduction of pollution from sources,
enhancement of resource utilization, reduction in or
prevention of pollution during production..”
• “electronic information products” (TVs, computers,
household electronic products, instruments)
• Substances: Pb, Hg, Cd, Cr+6, PBBs, PBDEs, and
“other toxic and harmful substances”
• July 1, 2006 compliance date
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Market Supply Chain Restrictions and Drivers
• Electronics Mfr. Green Product
– Sony, Xerox, Motorola, Hitachi, and others have
introduced products and/or set goals for reducing or
phasing out certain substances
• Green labeling
– EU Flower Ecolabel prohibits:
• PBBs, PBDEs, certain chloroparaffins, for parts > 25 g in
electronic products
• Take-back programs
– driver for materials that are easy and safe to recycle
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US State Regulatory Activity
• Regulatory Restrictions
– California
• Prohibit mfr and distribution of penta-BDE and octaBDE as of 2008
– Maine
• After Jan 2006, penta-BDE and octa-BDE are prohibited
in amts >1% in products for sale
• After Jan 2008, intent to prohibit deca-BDE if
alternatives available
– Hawaii –octa and penta-BDE - Jan 2006
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Voluntary Phase-Outs
• US – Penta- and Octa-BDE phase-out by FR
manufacturer
• International Consortium for Fire Safety, Health and
the Environment Recommendation
– Sept 2004 – Called for voluntary withdrawal of chlorinated
phosphate ester flame retardants, pending results of risk
assessments
– because of lack of information on their health and
environmental impacts
– widely used in past in polyurethane foams, and is a
substitute for penta-BDE
– 4 substances undergoing EU risk assessment – some will be
complete in 2005
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US State Regulatory Activity
States considering action
– Washington – Dept. of Ecology Interim Action Plan
(Dec 04 – final expected Dec 05)
• Recommends penta- and octa-BDE phase out and decaBDE phase out in “appropriate products”
• HB1488 and SB5515 to phase out PBDEs
– Maryland – House Bill 83 – restrictions and
notification – all BFRs
– Illinois – HB 2572 - Octa, penta and deca phase out
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Thank-you
Contact Information:
Liz Harriman
[email protected]
978-934-3387
Toxics Use Reduction Institute
University of Massachusetts Lowell
One University Ave.
Lowell, MA 01854
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