Are Fire Retardants Putting Us at Risk? (Part 3)

  • Flame retardant chemicals are in many of the products we use, and hundreds of studies are suggesting the chemicals could are linked to a variety of health problems. So why hasn’t the federal government banned them? (Photo courtesy of Reiner.Kraft)

Flame retardant chemicals are in many of the products we use. They help slow the spread of fire. But some kinds of these chemicals are building up in people and in pets and wildlife. And hundreds of studies are suggesting the chemicals could be linked to problems with brain development, and thyroid and fertility problems. In the third part of our five part series… Rebecca Williams takes a look at why our federal government has not banned them:

Transcript

Flame retardant chemicals are in many of the products we use. They help slow the spread of fire. But some kinds of these chemicals are building up in people and in pets and wildlife. And hundreds of studies are suggesting the chemicals could be linked to problems with brain development, and thyroid and fertility problems. In the third part of our five part series… Rebecca Williams takes a look at why our federal government has not banned them:

In the U.S., chemicals are innocent until proven guilty.

Companies don’t have to prove chemicals are safe before putting them on the market. If government officials want to ban a chemical, they have to prove it’s harmful.

There are flame retardants called PBDEs – or polybrominated diphenyl ethers. There’s a good chance they’re in your couch or office chair or carpet padding. They’re toxic. Pretty much every American has some level of PBDEs in their body. The European Union has banned three kinds of PBDEs. Several U.S. states have banned them. But even people who want the federal government to ban them say we can’t.

“The EPA does not have the power or authority to ban these chemicals.”

Mike Shriberg is with the Ecology Center. It’s an environmental group.

“The last time EPA tried to take significant action against a chemical was on asbestos. A chemical that is widely known to cause cancer. And the agency’s actions were overturned in court essentially saying they lacked the authority to ban even this extremely well known hazardous chemical.”

Our nation’s chemical law is called the Toxic Substances Control Act. It’s supposed to give the Environmental Protection Agency power to regulate chemicals.

The EPA did not want to be recorded for this story. But in an email statement, a spokesperson said the agency can ban chemicals under the Act. But it has to prove they present an unreasonable risk. And the spokesperson said quote,

“Flame retardants are particularly challenging to make this finding because their commercial benefit is they save lives in fire situations.”

Some people say the EPA’s hands are tied. Deborah Rice is a toxicologist with the Maine Center for Disease Control. She says the chemical industry made sure of that.

“This Toxic Substances Control Act was passed by Congress over 30 years ago and it had major input by the chemical industry and it hasn’t been reformed since because of major lobbying by the chemical industry. That’s what kept the U.S. unable to really protect the health of its citizens or the environment.”

Rice has direct experience with input by the chemical industry. In 2007, the EPA asked her to chair a panel to help set safe exposure levels for a PBDE flame retardant. The chemical industry felt Rice had expressed bias against the chemical. The industry asked the Bush Administration’s EPA to remove Rice from the panel. The EPA removed her.

To this date, there are no federal bans on any PBDE flame retardant.

The company that made penta-BDE and octa-BDE started voluntarily phasing them out in 2004. EPA just reached an agreement with the three big chemical companies to phase out deca-BDE in three years.

Critics of these kinds of agreements point out they’re just voluntary. The Ecology Center’s Mike Shriberg says the agreements are not binding.

“EPA is essentially forced to begging for a piece of paper that’s meaningless if not followed by the companies. That’s why we’re in this mess we’re in.”

Shriberg says the only way to fix things is to overhaul our nation’s chemical safety laws.

For The Environment Report, I’m Rebecca Williams.

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