Publication Summary

This report fulfills the requirements of RCW 70.76, signed into law by Governor Gregoire in 2007. This law restricts the manufacture, sale and distribution of products containing a type of chemical flame retardant called PBDEs (polybrominated diphenyl ethers). The three types of PBDEs used in consumer products are Penta-BDE, Octa-BDE and Deca-BDE. The prohibition became effective for all products containing Penta-BDE and Octa-BDE, and for mattresses containing Deca-BDE in January, 2008. At the time the law was passed, safer alternatives for Deca-BDE had not been identified for other products, specifically, residential upholstered furniture, and electronic enclosures used in televisions and computers. RCW 70.76 lays out a process for identifying the availability of safer, technically feasible alternatives to Deca-BDE that meet fire safety standards for these applications. When safer alternatives are identified, the manufacture, sale or distribution of upholstery and electronic enclosures containing Deca-BDE will be prohibited two years from the date of identification.

As required by RCW 70.76, the Departments of Ecology (Ecology) and Health (DOH) reviewed risk assessments, scientific studies, and other relevant findings regarding alternatives to the use of Deca-BDE in residential upholstered furniture, televisions, and computers.

The agencies identified a safer, technically feasible alternative chemical flame retardant for TVs and computers. Non-chemical alternatives were identified for upholstered furniture. These alternatives were presented to a committee of fire safety experts appointed by the governor to determine if they can provide appropriate fire retardant capacity. The Fire Safety Committee met on November 7, 2008 and found that the identified alternatives meet applicable fire safety standards. The Fire Safety Committee reported its findings to the Office of the State Fire Marshal who, on November 18, 2008, determined that the identified alternatives meet applicable fire safety standards.

Ecology posted the draft report on its web page and notified the public and stakeholders about its availability. Public comment was accepted from November 20 until December 17, 2008. A notice was placed in the State Register on December 3, 2008 as well. A response to these comments in included in Appendix 6.