Fire retardant ban heads to governor

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.

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.

The measure before the Legislature focused on deca, which has been detected in people, 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.”

Several Republicans crossed the aisle to vote for the measure, but others argued that the harmfulness of deca was unknown.

“We have no reports of deaths, illnesses, injuries due to deca,” said Sen. Jim Honeyford, R-Sunnyside.

But supporters of the bill noted the endorsement by the state fire marshal and the state associations of fire chiefs and firefighters and said it was an important step in improving the health of the environment and people.

“We know that these chemicals are ubiquitous, both in our bodies and our environment,” said Sen. Debbie Regala, D-Tacoma.

Under the measure, mattresses with deca would be banned after Jan. 1, 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, safety systems required by the Federal Aviation Administration, and medical devices.