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Friday, January 12, 2007

Twist in effort to ban fire retardant
Chemical industry accused of smokescreen

By CHRIS McGANN
P-I CAPITOL CORRESPONDENT

OLYMPIA -- As Washington moves to become the first state in the nation to ban a fire retardant found in mattresses, computers and furniture, lawmakers on Thursday accused the industry of putting up a smokescreen to stop the ban.

With concerns about finding toxic chemicals from the retardants -- known as PBDEs -- in everything from breast milk to brown bears, the proposed ban passed out of a House committee and appeared headed for passage in both chambers.

"This bill is on fire," said Sen. Erik Poulsen, D-West Seattle, chairman of the committee working on a similar bill. The measure's quick progress this year comes after two years of debate and opposition by chemical companies that spent more than $107,000 lobbying the Legislature last year.

By highlighting the fire-safety issues and downplaying the health risks, the chemical industry had successfully jammed the bill, even as those backing it -- including some fire officials -- insist safer alternatives could be used.

This week, the connection between the chemical companies and those concerned about fire safety became difficult to distinguish -- even for lawmakers -- when an industry employee testified on behalf of a firefighters' group.

On Tuesday, Glade Squires, a representative of the National Fallen Firefighters Foundation, identified himself as such when he testified before the House Select Committee on Environmental Health.

In a Senate committee hearing on a similar bill the next day, after several proponents raised concerns, Squires disclosed that he also is employed by Ameribrom, a chemical company that makes the PBDE fire retardant.

Reached in Philadelphia on Thursday, Squires said the situation was a "simple oversight."

"I was authorized to bring testimony and a letter from the National Fallen Firefighters Foundation," Squire said. "I was just trying to manage time. It was hectic trying to get up there and make the statement. It was merely an oversight that was corrected in the Senate."

He said he was not trying to disguise his ties with Ameribrom.

Rep. Sam Hunt, D-Olympia, had little patience with Squire's explanation.

"I think it is sad that employees of the industry who chose to testify here had to create a smokescreen around who they represented by using names such as Fallen Firefighters," Hunt said.

"They should have been straightforward, used truth in packaging, and said, 'We're here from the industry, we oppose that.' We could live with that. But to come in and use those titles to try and create another sort of issue or smokescreen, I just found very objectionable," Hunt said. "I hope we require truth in packaging when people testify before the Legislature."

Rep. Ross Hunter, D-Medina, has been pushing the bill for three years. He said he's worked hard to make sure banning the PBDEs doesn't come at the cost of fire safety.

Besides making sure there are safe alternatives, he has worked with companies such as Boeing to craft what he called reasonable exceptions. For example, Boeing uses PBDEs on the escape slots of their planes.

"It was one place we found it actually did have an impact on fire safety, and we made an exemption," he said.

Hunter said Ameribrom's veiled connection to the testimony is intended to preserve the misconception that the proposed ban will decrease public safety.

"They have to try to create some drama to try to make it into a fire safety issue, that's harder and harder to do as the facts come out," he said.

Rep. Daniel Newhouse, R-Sunnyside, voted against the bill. Although he is convinced some of the substances in question are toxic and a problem to the environment, he's still not sure a ban is the right move.

He said the after hearing the testimony he has "more questions than answers."

The bill would ban three forms of polybrominated diphenyl ethers, or PBDEs, commonly referred to as penta and octa, both of which already have been phased out, and deca, which is still in wide use. However, many companies already make PBDE-free products in order to comply with European trade laws.

Although the health effects of PBDEs have not been studied in people, animal tests indicate that PBDEs' effect on brain development during the prenatal period may alter behavior, learning and memory later in life. Studies of animals also show that these chemicals can affect reproduction.

Other studies cited by the Washington Toxics Coalition found that deca-PBDE has been found in cord blood of newborn babies and breast milk, damages the developing brain in mammals and is listed by the U.S. Environmental Protection Agency as a possible carcinogen.

"This plan is about prevention," said Robert Duff, director of the Office Environmental Health Assessments. "PBDEs are showing up everywhere, including in our own bodies, but what really concerns us is the increasing trend toward levels that could impact our health."

Laurie Valeriano, policy director for the toxics coalition, said the bill could address a growing contamination problem.

Brad Tower, a contract lobbyist for the chemical manufacturers' group, said targeting the wrong chemical would reduce fire safety.

The quick progress of the bill is another sign that the environmental community will wield more influence than ever in a legislative session dominated by Democrats.

Environmentalists expect an increase of at least $220 million for Puget Sound clean up and new clean air legislation.

BANNING FIRE RETARDANTS

Polybrominated diphenyl ether (PBDE) flame retardants are common in a variety of household products. But there are concerns that low-level exposure could harm humans and animals.

Among other things, proposed legislation in Olympia would:

  • Ban two forms of PBDEs (penta and octa) in consumer products by Jan. 1, 2008, with limited exceptions.

  • Ban the third form of PBDE (deca) in mattresses also by Jan. 1, 2008.

  • Phase out deca in televisions, computers and residential upholstered furniture by January 2011 if certain conditions are met.

  • P-I reporter Chris McGann can be reached at 360-943-3990 or chrismcgann@seattlepi.com.
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