Washington Toxics Coalition - Legislative Victories: Flame Retardants Ban; New Funding for WSU

Erika Schreder has worked for the Washington Toxics Coalition as a staff scientist since 1997. She has a Master’s Degree in resource ecology and management and a B.S. in molecular biology. She currently directs the Clean Water for Salmon campaign, which aims to end pesticide uses that pollute water and threaten salmon.

The toxic flame retardant industry spent more than $200,000 to stop us. They sent misleading flyers to thousands of Washington residents. They hired lobbyists that had a constant presence in Olympia. They paid for full-page ads in numerous newspapers saying their toxic flame retardants were safe. They attempted to mislead legislators into believing they represented fire-safety organizations.

And what did we do at the Washington Toxics Coalition (WTC)? We worked with a crack team of policy experts, doctors, nurses, public-interest lobbyists, fire fighters, children’s advocates, moms and scientists and told the truth about the potential dangers of the toxic flame retardants (PBDEs).

We pursued a reasonable approach to phasing them out in favor of safer alternatives and won the support of legislators on both sides of the aisle. A huge boost to our three-year campaign was the decision by the Washington State Departments of Ecology and Health and the governor to make this legislation a priority.

The final tally makes it clear that legislators heard the truth and saw the need for action to prevent these flame retardants from building up in our children and threatening their health: both houses passed the legislation with overwhelming bipartisan majorities, 71 to 24 in the House of Representatives and 41 to 8 in the Senate.

Rep. Ross Hunter (D-Medina) and Sen. Debbie Regala (D-Tacoma) shepherded the bill from its inception in 2005. Rep. Hunter worked day and night to ensure the passage of this bill because of his concern for children’s health.

“Washington state is leading the way for improving the health and safety of our children,” said Hunter. “We’ve come up with a common-sense strategy for preserving fire safety while getting rid of chemicals like PBDEs that build up in our environment, in our bodies, and even in mothers’ breast milk.”

As a mother and grandmother, Sen. Regala fought passionately for the bill’s passage and held firm against industry attacks. She applauded the bill’s final passage, saying “Companies have proven that we don’t need toxic chemicals like PBDEs to make effective products. It’s up to us at the state level to move the rest of the industry toward safer practices.”

The Washington State Departments of Ecology and Health requested the legislation, which was supported by Gov. Gregoire, three state fire associations, the Washington State Nurses Association, the Washington Medical Association and many others. The bill was the first one of the four Priorities for a Healthy Washington to head to the Governor’s desk.

While other states have passed bans on the penta and octa forms of PBDEs, which have been phased out of manufacture, Washington is the first to act on the deca form. Deca has by far the highest production volume of the PBDE forms. A measure to ban deca is now moving through the Maine legislature. Despite the industry’s best efforts to kill the ban with full-page ads as well as radio and television spots, Maine’s Natural Resources Committee has passed the legislation with a vote of 11 to 2.

“Fire fighters are concerned about preventing fires and reducing exposure to toxic chemicals because we’re on the front lines in both cases,” said Keven Rojecki of the Washington State Council of Fire Fighters. “Fire fighters are already exposed to so many deadly carcinogens; it is critical that safer alternatives be used to ensure products are fire safe. This bill is a victory for protecting the health of fire fighters and the public from harmful toxic chemicals.”

The legislation does the following:

• Bans the use of the penta and octa forms of PBDEs, with limited exceptions, by 2008;

• Bans the use of the deca form in mattresses by 2008; and

• Bans the use of the deca form in televisions, computers and residential upholstered furniture by 2011, as long as a safer, reasonable and effective alternative has been identified by the state departments of Ecology and Health and approved by fire safety officials.

“This legislation is about doing the right thing to protect families and our environment from the harmful effects of PBDEs,” said Rep. Skip Priest, R-Federal Way. “We’re doing the responsible thing: banning the chemical and working with alternative fire retardants so we don’t trade one danger for another.” Priest added that he was very concerned about the possible link between PBDEs and irregular brain development in fetuses. This measure, he says, is the only sure way to break that connection.

Three hundred healthcare professionals signed a letter supporting the ban on PBDEs, citing harmful health impacts from PBDEs including learning and behavioral disorders, memory impairments, disruption of thyroid function, reproductive effects and cancer. The letter’s authors noted that substantial evidence shows the buildup of PBDEs in people, orca whales and the environment, and new studies find that the deca form breaks down into other forms of PBDEs that have already been phased out.

“This action by the Washington State Legislature marks a crucial step forward for the health, development and learning of Washington’s children,” said Barry Lawson, MD, immediate past president of the Washington Chapter of the American Academy of Pediatrics. “By phasing out PBDEs, we can safeguard our children from exposures to these persistent toxic chemicals and act on our responsibility to provide them with a healthier future.”

“This is truly a case where prevention is essential,” said Judy Huntington, MN, RN, executive director of the Washington State Nurses Association. “By passing this legislation, we are making vital progress in protecting our state’s children, families and workers from permanent yet preventable harm.”

WTC’s second legislative priority for 2007 was increased funding for Washington State University’s biological and organic program. This program helps Washington growers take advantage of the phenomenal growth in the organic food market, providing the research and training they need to switch to organic.

The program has been in place for several years, but received its first legislative funding in 2006. This year, Washington State University (WSU) included the program in its $10.8 million Unified Agriculture Initiative, a legislative request that included research funds as well as faculty positions.

The final budget passed by the Legislature did not fully fund the initiative, but it did provide $6 million in funding and included additional funds for the biological and organic program. The budget specifies that $400,000 go to a competitive grants pool for biologically intensive and organic research; this is half of the $800,000 that the university requested.

In addition to the research dollars, the budget adds several new staff positions that are part of the biological and organic program, supporting value-added agricultural product research and economically and environmentally sustainable food production.

Rep. Kelli Linville (D-Bellingham) was a champion for the funding and expressed gratification that WSU made the BIOAg program part of its original budget request. “I am glad that we’re making a concerted effort to fund one of the fastest-growing segments of our agricultural economy,” she stated.

The new research dollars will add to a pool for research grants that was established last year, when the Legislature approved $400,000 in its supplemental budget. In the past year, WSU has used the funding to support research in organic grain production, alternative crops, winter organic vegetable production and providing information to ranchers on sustainable rangeland management for livestock.

Dennis Nicholson, an orchardist from Peshastin, has converted his family orchard to organic. “Going organic can help keep farmers in business, but they need support to be successful with new production practices that they’re not experienced with. We need to find biological solutions to pest and weed management. The BIOAg research program is a critical source of information for farmers that want to grow organic and sustainable produce.”

Supporters of the funding include the Washington Sustainable Food and Farming Network, PCC Natural Markets, the Washington Cattlemen’s Association, the Lutheran Public Policy Office of Washington, the Washington Toxics Coalition, Tilth Producers and dozens of growers, farmers markets, chefs, and other organizations and businesses. §