Regulates the manufacture, sale and use of shipping pallets, recycled and new, that contain the decabromodiphenyl ether

1 Co-sponsor

• Thomas K. Duane

BILL NUMBER:S5391B

Title of bill

An act to amend the environmental conservation law, in relation to regulating the manufacture, sale and use of shipping pallets, recycled and new, that contain the deca mixture

Purpose

The purpose of this bill is to minimize the amount of certain flame retardants used in certain products.

Summary of specific provisions

This bill would:

* define "deca mixture" to mean a flame retardant containing decabromodiphenyl ether. * define "safer alternative" to mean a substitute process, product, material, chemical, strategy or any combination of these that at a minimum meets the following criteria:

o reduces the potential for harm to human health and the environment; o serves a functionally equivalent purpose that meets applicable and relevant guidelines; o is commercially available on a national basis; o is not cost-prohibitive; and, o has not been identified or does not meet the criteria for identification as a persistent, bioaccumulative toxic chemical by the United States Environmental Protection Agency.

* prohibit the manufacture, sale or use of products, other than shipping pallets, manufactured from recycled shipping pallets containing the deca mixture; * prohibit, beginning January 1, 2014, all persons from manufacturing, selling or or using a shipping pallet containing the deca mixture, except shipping pallets made from recycled shipping pallets, provided, however that such recycled product may contain up to one-tenth of one percentum of decabromodiphenyl ether by mass. * permit the Commissioner of the Department of Environmental Conservation to, upon receipt of a written application, grant an exemption upon finding that:

o no safer alternative exists; o a shipping pallet containing a proposed safer alternative fails to meet the applicable and relevant guidelines; or, o the applicant needs additional time for making practicable or for modifying the manufacturing process of a safer alternative; require that all exemptions granted be for less than for two years; and, require, beginning January 1, 2014, manufacturers of products containing the deca mixture to notify persons that sell such product of the prohibition.

Justification

Shipping pallets come in varying sizes, types and materials.

The National Fire Protection Association (NFPA) was established in 1896 and prepares fire prevention codes and standards. NFPA code governs the inclusion of sprinklers and other fire prevention devices in warehouses, and requires that warehouses that store items on plastic pallets install more stringent fire protection devices (i.e. sprinklers) or that the pallets include flame retardants. In addition, the Grocery Manufacturers Association, adopted requirements specifying a pallet weight limit of less than fifty pounds. These two requirements have led to the development of pallets that contain up to five pounds of flame retardant. Most often, that flame retardant is Decabromodipheynyl ether (decaBDE). DecaBDE has been identified as a potential endocrine disrupert and persistent toxic chemical and in 2009, the Environmental Protection Agency entered into an agreement with the major manufacturers to ban its use in consumer products beginning in 2012 and eliminating it completely by 2013. This legislation is intended to reduce exposure to DecaBDE and is based on laws adopted by the states of Maine and Oregon.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This bill shall take effect immediately.