Flame Retardant Regulatory Status and Future Development

GPEC 2010 – March 9, 2010Raymond B. Dawson

Global Director, Advocacy

ray.dawson@albemarle.com

Susan D. Landry

Advisor, Fire Safety & Advocacy

susan.landry@albemarle.com

Why are Flame Retardants Needed?

� Flame retardants are used to help:

� Prevent ignition

� Delay the spread of fires

� Delay the time of flashover to enable people time to escape

Non flame

retarded

Flame retarded

to UK-standard

It is estimated that escape times can be up to 15 times longer when flame retardants are present, providing increased chances of survival

“Fire-Hazard comparison of fire retarded and non fire retarded products,” NIST 1988, http://fire.nist.gov/bfrlpubs/fire88/art003.html Toronto, Canada, August 2, 2005: Flame retardants

were credited with increasing escape times for all 309 passengers from this jet, which was ultimately completely consumed by fire.

Washington Post, Aug. 5, 2005

Extract from a Dutch TV documentary, RTL 5, 2000

Why are Flame Retardants Needed?

� Fire prevention is essential from a number of perspectives:

� Protection of life

� Protection of property and the environment

� Prevention of immediate local pollution to air and water

� Prevention of lesser-known long-term environmental effects

Results of a 2009 study, performed by Greenstreet Berman Ltd for the UK Department of Business, Innovation and Skills, has shown that the UK furniture fire safety regulations account for

� 54 fewer deaths per year

� 780 fewer non-fatal casualties per year

� 1065 fewer fires per year(A statistical report to investigate the effectiveness of the Furniture and Furnishings (Fire) (Safety) Regulations 1988, December 2009)

The introduction of voluntary flammability standards made possible by the use of flame retardant plastics in the TV enclosuresand accessories led to a significant reduction in the number of TV-initiated fires, even with a sharp increase in the total numberof TV sets per household. It is estimated that 190 lives are saved annually through the use of brominated flame retardants inTV enclosures.F. Clarke, “The life safety benefits of brominated flame retardants in the United States,” Final Report to the Chemical Manufacturers Association

Brominated Flame Retardant Industry Panel, Benjamin/Clarke Associates, 1997

Combustion Gases Generated In Fires

� Typically items involved in fires are a complex mixture of materials (furniture, electronics, building materials, household cleaners, etc…)

� Combustion Gases generated regardless of whether or not flame retardants are present

� “Clearly, fire gases are dangerous to fire fighters and other citizens who � “Clearly, fire gases are dangerous to fire fighters and other citizens who could be exposed, independent of the presence or absence of flame retardants [2] ”

� “Combustion gases contain very high concentrations of acutely toxic substances [3] ”� Combustion gases generated during fires that contribute to acute toxicity

include CO, HCN, HCl, and acrolein [1]

� The acute toxicity of fire gases is controlled by carbon monoxide (CO) –responsible for over 90% of fire deaths [1]

1) Troitzsch, J, “Fire Gas Toxicity and Pollutants in Fires – The Role of Flame Retardants,” FR2000 Conference, London, 8th-9th February 2000

2) “Review of Fire Emissions from Products with and without BFRs and the Hazard of Exposure for Fire Fighters and Clean-up Crews”, SP Report 2007:74

3) Rechenbach, P, Troitzsch, J, “Smoke Toxicity and Pollutants from Fires”, Kunststoffe 89 (1999) 9, pp. 132-134

Pollutants Generated In Fires

� Pollutants generated regardless of whether or not flame retardants are present� Polycyclic Aromatic Hydrocarbons (PAHs) and polyhalogenated

dibenzodioxins and furans (PHDDs/PHDFs) are the most important pollutants generated in fires [1]

� Compared to PAHs, the impact of PHDDs/PHDFs on our health is negligible [1]

� In the Lengerich fire (Germany in 1992), measurements and their respective cancer risk and relationship showed that the PAHs have an up to 500 times higher cancer risk than the PHDDs/PHDFs [1]

� PAHs are generated in all fires [1]

� There are several hundred different substances in the PAH family [1]

� Many PAHs generated in fires are carcinogenic compounds, including benzo[a]pyrene (BaP) [1]

� PAHs are found in high amounts in the soot after fires [1]

1) Troitzsch, J, “Fire Gas Toxicity and Pollutants in Fires – The Role of Flame Retardants,” FR2000 Conference, London, 8th-9th February 2000

Common Flame Retardant Classes

Halogenated

Mineral

Phosphorus

Others…

Brominated Chlorinated

Phosphorus

�Based on natural elements

�There are many different flame retardants in each of these classes

�Each individual flame retardant has it’s own unique set of environmental, human health, physical, and chemical properties

�The distinct nature of individual flame retardants requires that each be treated on it’s own merits

European Union (EU) Risk Assessment

� The EU Regulation 793/93 - EU Risk Assessment was one such assessment process adopted in 1993

� The most comprehensive assessment of a materials environmental and human health characteristics

� Products were assessed individually, not as a class

� Determined the need for further testing to fill in data gaps

� Determined if there was a need to limit risks

� This process:� This process:� Examined mammalian toxicology

� Acute, chronic

� Established acceptable human exposure limits: Predicted No-Effect Conc. (PNEC)

� Examined environmental fate and toxicology� Established acceptable environmental exposure limits: PNEC

� Examined all releases to water, soil, air, from all operations throughout lifecycle

� Volumes, processing, uses, waste streams

� Established human and environmental exposures: Predicted Environmental Concentrations (PEC)

� Evaluated risk: Exposures versus limits� Determined if exposure is above or below established limits

Summary of FR EU Risk Assessments

Flame Retardant Status Next Steps Risks Identified Conclusions Classification

Penta-BDE Concluded ---Risk Assessment

Unfavorable

Banned in EU as of

Aug 2004---

Octa-BDE Concluded --- Some risks identifiedBanned in EU as of

Aug 2004---

Deca-BDE

Additional tests,

monitoring, and

- Safe for continued

useDeca-BDE Concluded

monitoring, and

emissions control in

progress

Noneuse

- Emissions control

program active

None

TBBPAENV: Finalized

HH: FinalizedNone

ENV: risk identified

at one additive user

plant only

HH: None

- Not restricted for any

applications

- Authorities have

emission requirements

- Emissions control

program active

R50/53

HBCDENV: Finalized

HH: Finalized

On the SVHC

Candidate List

Classified a PBT

Risks identified, PBT

status debate – new

science

Transferred to REACH

- on the SVHC

Candidate List

R50/53

ENV = Environmental Sections, R38 = irritating to skin, HH = Human Health Sections, R40 = Carcinogenic category 3, limited evidence of a carcinogenic, PBT = Persistent, Bioaccumulative, and Toxic effect, C&L = Classification and Labeling, SVHC – Substance of Very High concern, N - Dangerous to the Environment, T = Toxic, R22 = Harmful if swallowed, Xn = Harmful, R50/53 = Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment, R51/53 = Toxic for aquatic environment, may cause long-term adverse effects in the aquatic environment, R60 = Toxic to reproduction category 2 (CMR category 2), ATP = Adaptation to Technical Progress

Summary of FR EU Risk Assessments

Flame Retardant Status Next Steps Risks Identified Conclusions Classification

TCEPENV: finalized

HH: finalized

On the SVHC

Candidate List

Reprotox + chronic

tox + Carc, several

exposure scenarios

Transferred to REACH

- on the SVHC

Candidate List

T, N, R51/53, R22, R60,

R40

TCPPENV: finalized

HH: finalized

REACH registration,

C& L decision

Reprotox, dermal,

production

TCPP will be sold with

the same existing

labels

Xn, R22

TDCPENV: Finalized REACH registration,

Chronic tox + Carc,

dermal, production & TDCP will be sold with

the same existing N, R51/53, R40TDCPHH: Finalized C& L decision

dermal, production &

flexible PU foam

manufacturing

the same existing

labels

N, R51/53, R40

V-6ENV: Finalized

HH: Finalized

Antiblaze® TL-10

successfully completed

REACH registration

None

Antiblaze® TL-10

successfully completed

registration (REACH

Registration # 01-

2119419991-33-0000

None

(Sb2O3)ENV: finalized

HH: finalized

Risk Assessment

transferred to REACH

ENV: risks identified

for sediments at a

few plants

HH: no risks

identified at current

stage –discussions

in progress

Transferred to the

REACHR38, R40

ENV = Environmental Sections, R38 = irritating to skin, HH = Human Health Sections, R40 = Carcinogenic category 3, limited evidence of a carcinogenic, PBT = Persistent, Bioaccumulative, and Toxic effect, C&L = Classification and Labeling, SVHC – Substance of Very High concern, N - Dangerous to the Environment, T = Toxic, R22 = Harmful if swallowed, Xn = Harmful, R50/53 = Very toxic to aquatic organisms, may cause long-term adverse effects in the aquatic environment, R51/53 = Toxic for aquatic environment, may cause long-term adverse effects in the aquatic environment, R60 = Toxic to reproduction category 2 (CMR category 2), ATP = Adaptation to Technical Progress

Restriction of Certain Hazardous Substances in

Electrical and Electronic Equipment (RoHS)

� Directive 2002/95/EC - came into force July 1, 2006

� Restricts the placing on the EU market new electrical and electronic equipment containing certain levels of lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyl (PBB), and polybrominated diphenyl ether (PBDE) flame retardants

� Review of the RoHS Directive is now ongoing:

� European Commission proposal (December 2008):

� No addition of new substances

� New Annex III with list of substances for priority review including HBCD & 3 phthalates

� REACH / RoHS alignment to avoid contradiction

� European Parliament (November 2009):

� The Green Political Party has the lead on the discussions = “rapporteur”

� Their current proposal is to ban all BFRs & other substances

� Not endorsed by a number of MEPs - too extreme

� Discussion around open scope for RoHS

RoHS Revision – current status

� European Council

� Main focus is on alignment between REACH & RoHS

� No discussion on addition of substances yet but discussion on need of criteria &/or methodology for inclusion of new substances

� Discussion around open scope for RoHS

� The RoHS revision is still under discussion by the European Institutions & nothing is decided yet

� Most industry associations do not agree to add further substances to the RoHS Directive

Registration, Evaluation, Authorization and

Restriction of Chemical Substances (REACH)

� REACH is a new European Community Regulation on chemicals and their safe use (EC 1907/2006) - entered into force on 1 June 2007

� Registration, Evaluation, Authorization and Restriction of Chemical substances

� All manufacturers and importers of chemicals in the EU must identify and manage risks linked to the substances they manufacture and and manage risks linked to the substances they manufacture and market

� REACH replaces about 40 pieces of EU legislation

� Industry must bear most responsibilities to manage the risks posed by chemicals and provide appropriate safety information to their users

� REACH calls for the progressive substitution of the most dangerous chemicals when suitable alternatives have been identified

REACH – Registration timelines

06/2007

REACH Entry

into force

06/2008 12/2010 06/201806/2013

Registration> 1000 tpa

> 1 tpa (CMR cat. 1 & 2,

PBT, vPvB)

PRE-REGPBT, vPvB)

> 100 tpa (N; R 50/53)

Registration> 100 tpa

GISTRATION

Registration> 1 tpa

Not pre-registered / non phase-in substances

CMR = Carcinogen, Mutagen, Reprotoxic, N - Dangerous to the Environment , tpa = tonnes per annum per company, PBT =

Persistent, Bioaccumulative, and Toxic, R 50/53 = Very toxic to aquatic organisms, may cause long-term adverse effects in the

aquatic environment, vPvB = very Persistent and very Bioaccumulative

REACH – Evaluation

Submission of registration (by registrant)

Completeness Check for dossier and fee (by ECHA)

Dossier Evaluation Substance Evaluation

Registration No. assignment

Duties of registrants :

Update with undue delay and with relevant

new information (uses, hazard information, tonnage band)

Update submission on examined testing proposals,

requirements of compliance checks and

other requirements set by Authorities

Additional fees for each update

Dossier Evaluation(by ECHA)

Substance Evaluation(by MS)

Check of TestingProposals(by ECHA)

Compliance Check(by ECHA)

Check of Substance properties

OUTPUT :Decision on further information requirements

Information for stakeholdersRestrictions

REACH – Authorization

� Substances targeted by authorization are Substances of Very High Concern (SVHCs):

� CMR (Carcinogen, Mutagen, Reprotoxic) cat. 1 and 2

� PBT (Persistent, Bioaccumulative, and Toxic)

� vPvB (very Persistent and very Bioaccumulative)

� Substances with equivalent concern (e.g. endocrine disruptors)

� There are reporting, notification, and information obligations for suppliers of SVHC substances, and preparations and articles containing them of SVHC substances, and preparations and articles containing them

� The Authorization process comprises three stages:

� Identification of SVHC (Candidate list) - This triggers notification and communication obligations for candidate list in articles, with possible black list effects� HBCD listed on the first candidate list published by ECHA October 2008

� TCEP added to the candidate list

� Inclusion of candidate substances in the list of substances subject to authorization (Annnex XIV)

� Decisions on applications for authorization

REACH – Authorization

Potential Options for Authorization

SUBSTANCES of VERY HIGH CONCERN

RISK IS ADEQUATELY CONTROLLED :CMRs 1 & 2

+

RISK IS NOT ADEQUATELY CONTROLLED :CMRs 1 & 2

+

OTHER substances with threshold limits +

OTHER substances with threshold limitsOTHER substances with threshold limits

+

PBTs, vPvBs

AUTHORIZATIONTime-limited review on case-by-case basis

YESSuitable alternative

NO YES

SUBSTITUTION

Socio-economic benefits

YESNO

BAN

REACH Flame Retardant Summary

� Pre-registration / Registration

� Albemarle pre-registered all its flame retardants

� Consortia formation and registration dossiers gathering ongoing

� Risk assessed substances are already data-rich

� TL-10ST� TL-10ST

� Albemarle’s TL-10ST (2,2-Bis(chloromethyl)trimethylene bis(bis(2-chloroethyl)phosphate)) has successfully completed registration (REACH Registration # 01-2119419991-33-0000)

REACH Flame Retardant Summary

� HBCD (Hexabromocyclododecane)

� Classified as a PBT - On the 1st Candidate List for Authorization

� Used in EPS & XPS, with no available alternatives

� Authorization is being sought for this application due to the importance

of insulating foam

� Application for Authorization due mid-2012

� Current sunset date is late 2013 for all applications without � Current sunset date is late 2013 for all applications without Authorization

� TCEP (Tris(2-chloroethyl) phosphate)

� Classified CMR cat. 1-2 after EU risk assessment

� Not sustainable under REACH - alternatives available for all uses

HBCD – Other Issues

� HBCD (Hexabromocyclododecane)

� UNECE POP

� HBCD classified as a POP Dec 2009

� Q1 2010 - Risk management Questionnaire

� Q4 2010 - Risk management will be decided

� Q4 2011 - Potential POP listing unless exemption is granted

� Industry is actively co-operating with the UNECE process to ensure � Industry is actively co-operating with the UNECE process to ensure exemption for EPS & XPS use

� UNEP POP (Stockholm Convention)

� May 2013 - Potential POP listing unless exemption is granted

Deca-BDE Phase-Out

� The three major producers of Deca-BDE have entered into a “partnership” with EPA to phase out production and importation of Deca-BDE

� Other Deca-BDE importers/distributors are encouraged to join the partnership

� Our commitments to EPA include the following:

� We will stop manufacturing Deca-BDE by December 31, 2013

End-Use ApplicationDeadline for completion of

Deca-BDE phase-out

� We will submit to EPA annual progress reports

� After the phase-out period, EPA intends to impose additional Deca-BDE testing requirements on remaining producers/importers

� After the phase-out period, EPA intends to impose a “significant new use rule” or SNUR on Deca-BDE and articles containing Deca-BDE

Wire & Cable

(except transportation or military)December 31, 2010

All other uses

(except transportation or military)December 31, 2012

Transportation and military uses December 31, 2013

NA Activity

� State-by-state regulations - limited number of flame retardants

� Potential TSCA Reform

� EPA

� “Chemicals of Concern” Action List announced Dec 2009� Include phthalates, short-chain chlorinated paraffins, polybrominated diphenyl

ethers (PBDEs), and perfluorinated chemicals, including PFOA

� Process could lead to risk reductions actions under section 6 of TSCA

� EPA also announced that three companies agreed to phase out Deca-BDE� EPA also announced that three companies agreed to phase out Deca-BDE

� Reinforcing the Deca-BDE phase-out – with requirements to ensure that any new uses of PBDEs are reviewed by EPA prior to returning to the market.

� “Polybrominated Diphenyl Ethers (PBDEs) Project Plan”

� High Production Volume (HPV) Challenge (~2200 HPV chemicals)

� Design for Environment (DfE) program

� Partnership with a broad range of stakeholders - Several have and are currently including flame retardants

� California Green Chemistry Initiative

� Encourage the development of “green chemistry” solutions

� Canada - Implementation of Chemical Substances Plan

Informed Substitution

Safety & Sustainable Use of Flame Retardants

� Flame Retardant Selection� Physical, Mechanical, and Flammability Properties; Stability;

and Recyclability of Polymer Formulations

� Commercial Availability of FR

� Cost

� Human Health and Environmental Criteria� Human Health and Environmental Criteria� Meets Current Regulations

� Meets Anticipated Regulations ?

� How do you measure environmental impact of various FR’s in use?� Life Cycle Assessment

� Carbon Footprint, Global Warming, Energy Consumption, Ozone Depletion, Air Acidification, etc…

Sustainability

� Fire Safety is important for the good of society

� We are a fire safety company

� Albemarle will provide the right solution; we do not limit ourselves to particular products or chemistries

� The choice of technology used to achieve fire safety � The choice of technology used to achieve fire safety should be based on sound principles

� Full life-cycle analysis

� Non-toxic, non-bioaccumulative products

� Consideration of environmental and societal impacts

� We must solve the end-of-life problem for products

� Products should enable recyclability

To Achieve This

• Our new product development will focus on

� Polymeric solutions, big molecules

� Reactive products that become bound to the final polymer

� Non-toxic small molecules

� Mineral products

• Releases of all products to the environment must be minimized

� We will champion the implementation of measures throughout the supply

chain to minimize emissions of persistent compounds

� Engage distributors, customers, and competitors in programs such as

VECAPTM to eliminate all product emissions from the environment

The next generation of eco-friendly fire safety

• First product in our family of green solutions

• non-bioaccumulative

• superior toxicity profile

earthwise™ A division of ALBEMARLE®

• superior toxicity profile • excellent recycle capability

• exceptionally broad application profile

• Polymeric flame retardant

• Highly stable product lends itself to efficient recycling of plastics.

• Emissions to the environment are minimized, when combined with other

good practices such as the Voluntary Emissions Control Action Program.

� Voluntary Emissions Control Action Program

� Voluntary – producer and user implemented

� Emissions – identify sources of BFR emissions

Eliminating Emissions To The Environment Is Of

The Utmost Importance For Sustainability

VECAPTM

VECAP™ is an Industry Program that can be applied to all polymer additives to prevent potential emissions and save valuable raw material

� Control – reduce, minimize and where possible eliminate emissions

� Action – dynamic, continuous process

� Program – focus on best practices to eliminate emissions

Reduce Levels of Environmental Emissions of Flame Retardants

VECAP addresses many stages of the Life-Cycle

� Manufacturing

� Production

� Packaging

� Shipping

� Processing

� Dust from unloading and

feed operations

� Leaks in feed equipment

� Improper clean-up of spills

� Waste disposal

� Residues in packaging

� Poorly treated wastewater

from system wash-outs

� Waste not reprocessed

Commit to VECAP

Code of Good

Practice

Perform self assessment

and Mass Balance;

develop baseline

emissions to ensure

progress is measurable

We are asking users to:

Create and implement

emissions reduction

plan

Utilize third-party

verification audits as

needed

Drive to Reduce

Emissions

progress is measurable

VECAP in Action – Best Available Practices for Handling Packaging

Problem

• Discarded packaging can retain small amounts of

product

• Product has the potential to get into the environment, depending on end-of-life practices for empty

packaging

These techniques can be applied to all polymer additives to prevent potential emissions and save

valuable material for use, rather than waste

Solution

VECAP Best Available

Technique (BAT) for Emptying Packaging

Document and Poster

“VECAP is a good example of effective cooperation

throughout the whole supply chain. In line with GM’s

commitment to environmental excellence, the

programme ensures that the chemicals included in

our products are safely managed. Moreover, as it

allows a better management of substances, VECAPis particularly relevant in the context of REACH and of

the development of the new chemical regulation in

Support of VECAPGM

"It was a pleasure to be introduced to the innovative Voluntary

Emission Control Action Program (VECAP) designed to reduce and

where possible eliminate avoidable emissions of brominated flame

retardants into the environment from manufacturing processes. The

Wildlife Habitat Council supports voluntary efforts by industry to go

beyond regulatory requirements and adopt management practices,

such as VECAP. We look forward to working with this industry sector

and help them improve their overall sustainable management practices

Wildlife Habitat Council

the development of the new chemical regulation in

the US.”

Dr. Pat Beattie, Director Chemical Risk Management, General Motors CorporationDave Mattis, Global Technology Engineering, General Motors Corporation

“VECAP is a great example of how chemicals need to be managed in the 21st Century, true producer responsibility. Here is a sector of the chemical industry that has been under more pressure than most but has responded to the challenges before it by developing a ground breaking model for control. VECAP’s strength lies in its focus on the use of brominated flame retardants across the whole value chain, not just at one stage within it. It is based on the use of common sense best practice; often small things that added together can make a real difference. Of course it doesn't just rely on words on paper but brings things to life on the factory floor with good practice guides, training and audits. Finally VECAP does not duck the challenge of debate with those stakeholders who may criticize the performance of the industry, nor has it hidden from the need to back up the claims for its potential with evidence of real year on year improvement in reducing emissions. Put together this value chain approach, best practice, training, measurement and debate and we have a model that shows how a sector of the chemical industry can go beyond compliance with legislation and develop a far more sustainable approach to doing business.”

Mike Barry, Head of Corporate Social Responsibility, Marks & Spencer

Marks & Spencer

and help them improve their overall sustainable management practices

to include wherever possible management strategies that promote

wildlife habitat improvement and on site conservation education for the

benefit of the local community.“

Robert H. Loftur-Thun, Vice President External Affairs, Marketing, & Development, Wildlife Habitat Council

Eagle Performance Products Receives Environmental

Award for Use of VECAP

Eagle Performance Products has implemented 5 initiatives that have reduced waste both in-house and with customers. These waste reduction initiatives have resulted in savings of approximately 6,000 Kg/yr of formulated material and 11,500 Kg/yr of plastic additives at the Eagle Performance Products plant and approximately 36,000 Kg/yr of formulated product at their customer’s facilities.

Conclusions

� Flame Retardants provide a valuable role in our society

� Prevent ignition

� Delay the spread of fires

� Delay the time of flashover to enable people time to escape

� It is important that Flame Retardants are safe in use

� Regulations that are being developed worldwide provide the platform to achieve this goal with a level of confidence

� Albemarle’s EarthwiseTM family of products will focus on sustainable offerings

� GreenArmorTM is the first product in this family of sustainable solutions

For More Information…

www.albemarle.com

www.earthwiseinside.com

www.vecap.info

www.bsef.org

www.ebfrip.org