Mother's milk: the presence of elevated levels of brominated flame-retardants in breast milk might finally force states to ban their use.

REMEMBER THE MAINE, the battle cry of thousands of U.S. soldiers during the Spanish-American War, may be co-opted by environmentalists calling for reducing the levels of brominated flame-retardants in consumer products.

On Dec. 23, Maine legislators proposed a bill aimed at reducing levels of brominated chemicals in humans. LD 1790 would regulate the sale of products containing brominated chemicals, require clear labeling of products containing such chemicals and authorize the establishment of fees for the sale of such products. The bill is now in committee.

LD 1790 proposes to ban the sale of any product to which a brominated flame-retardant is added, either during formulation or manufacture, unless the manufacturer (or representative trade association) notifies the state in writing as to

* What the product or component is;

* The amount and chemical type of brominated flame-retardant in each unit of the product;

* The total amount and chemical type of brominated flame-retardant in all units of the product or component sold in the U.S. during the most recent calendar year for which sales figures are available.

The bill would take effect Jan. 1, 2006, and would cover polybrominated biphenyls and penta or octa mixtures of polybrominated diphenyl ethers (PBDE). Bans on deca mixtures of polybrominated diphenyl ethers are effective Jan. 1, 2008. Products containing tetrabromobisphenol-A (TBBPA) or hexabromocyclododecane or any other brominated flame retardant are banned starting Jan. 1,2010. TBBPA and PBDE are brominated aromatic flame-retardants; TBBPA is used in FR-4 laminate, while PBDE has limited use in PCBs and is mainly used in thermoplastics, according to the IPC Halogen-Free Task Group in a May 2002 report.

According to the bill, PCB manufacturers (fabricators and assemblers) would not be required to report the amount of bromincs in their products provided that a) their suppliers already did so and b) the manufacturer identifies the supplier to the state.

Backlash against bromine mixtures comes from reaction to recent studies showing elevated levels of bromine-based fire retardants in breast milk. One study of 20 first-time mothers from across the U.S., conducted by the privately funded Environmental Working Group (ewg.org), reported average levels were 75 times that reported in similar European studies. Furthermore, a mountain of historical evidence of PBDE contamination in women has led to a ban of the chemical in Germany. As reported previously in this magazine, the European Union in February 2003 banned penta and octa PBDEs in all products effective August 2004. The EU is also considering a ban on the use of deca in electronics by July 2006.

In the U.S., existing standards arc scarce: the EPA has no safety standards or other regulations for PBDE manufacture, use or disposal. Only companies that manufacture or use large amounts of deca report their chemical pollution under the Toxics Release Inventory (TRI). The U.S. EPA requires TBBPA to be reported in the TRI, though fabricators are exempted because TBBPA is reacted into resins.

California is the only state with laws already on the books, having passed a bill last September banning penta and octa PBDEs, effective by 2008. (Massachusetts and Rhode Island are among the states considering similar bans.) California opted not to ban deca after pro-bromine trade groups argued that the chemical does not pose a health risk. As currently drafted, the LD 1790 is more restrictive than the California law.

Restrictions include mandatory labeling of certain products, including a description of the hazards associated with brominated flame-retardants and guidance on safe end-of-life management (disposal) of the product. Importers may not sell, use or distribute the product or component in Maine unless the manufacturer is in compliance.

Makers will also be charged fees for the sale of products containing brominated flame-retardants to cover costs associated with implementation of the new rules.

Maine is a state of roughly one million residents, slightly more than San Jose. A hundred years ago, the sinking of the Maine rallied U.S. troops. It will be interesting to watch whether LD 1790 sets off a similar reaction.

'Stapled'

The International Consumer Electronics Show is generally a place for pumping new products. But that didn't stop the U.S. EPA from announcing during the January show a partnership with Staples and the Product Stewardship Institute on a pilot "take-back program" for recycling used electronics.

The partnership is part of EPA's Plug-In To eCycling (plugintoecyling.org) campaign to promote electronics recycling. Apple, Brother, Dell, Epson, Intel, Lexmark, Panasonic, Sharp and Sony will pay for the recycling of their name-brand products returned to Staples. EPA expects to partner with manufacturers and retailers to conduct additional pilot projects in the Pacific Northwest and Minnesota in the coming year. Massachusetts, Connecticut, Maine and New Hampshire will undertake the first pilot project in 26 retail stores.

MIKE BUETOW is editor in chief of PCD&M.