The EPA allows the spread of toxic chemicals in black plastic utensils and toys, the lawsuit says

CNN
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The U.S. Environmental Protection Agency is failing to protect the public from a dangerous flame retardant – decabromodiphenyl ether, or decaBDE, according to a lawsuit filed this week on behalf of Alaska and California natives and consumer advocacy groups.

According to a recent study, DecaBDE was found in black plastic kitchen utensils, takeout containers, meat and food trays, and children’s toys recycled from e-waste such as old televisions and computer monitors.

“The EPA is allowing the continued recycling of plastics containing decaBDE without restrictions, violating the Toxic Substances Control Act’s statutory requirement to take all practicable measures to reduce people’s exposure to decaBDE,” said Katherine O’Brien , senior attorney at Earthjustice, a nonprofit organization that provides free legal representation on environmental and health issues.

In response, an EPA spokesperson told CNN via email that the agency could not provide information about pending litigation.

The agency restricted the use of DecaBDE in 2021 after the synthetic chemical was linked to cancer, endocrine and thyroid problems, fetal and child development and neurobehavioral function, and toxicity to the reproductive and immune systems.

Despite these limitations, an October study found that decaBDE is present in 70% of 203 consumer products at levels five to 1,200 times higher than the European Union limit of 10 parts per million.

Based on exposure to contaminated black plastic kitchen utensils such as spatulas and slotted spoons, study researchers estimated that a person could be exposed to an average of 34.7 parts per million decaBDE per day.

One consumer product, a black plastic sushi tray, contained 11,900 parts per million of decaBDE, which belongs to the polybrominated diphenyl ether (PBDE) class of flame retardants.

According to the National Oceanic and Atmospheric Administration, PBDE levels in Americans in general are “10-100 times higher than levels measured in people in Europe and Asia.” An April study found that people with The highest levels of PBDE in the blood were about 300% more likely to die from cancer than people with the lowest levels.

According to the American Chemistry Council website, electronic devices that use flame retardants to prevent fires are common in homes across the United States: “The average home contains more than 20 electronic products, including televisions, smartphones, computers, gaming systems etc.” tablets. These devices are an integral part of our everyday lives, but without flame retardants they could pose additional safety risks.”

The EPA has proposed stricter guidelines for decaBDE in 2023, said Earthjustice’s O’Brien, but has not closed loopholes such as recycling that allow the chemical to continue to spread both in the environment and in new consumer products.

“Most new uses of DecaBDE have already been banned or are being phased out,” O’Brien said. “What concerns us is the very large amount of decaBDE that is already circulating in consumer products, and the question is: ‘How do you deal with the products that already exist?'”

Electronic waste or e-waste also includes obsolete and discarded monitors, televisions, video recorders, stereo systems, copiers, fax machines, laptops, circuit boards, hard drives, audio-video devices and car electronic systems. These old products are thrown away, donated to charities or disposed of in home recycling bins, experts say.

“People who work in residential recycling plants and break down old cars and electronics for recycling are exposed to high levels of decaBDE,” O’Brien said. “There are also releases of the chemical into the air, water and soil around recycling facilities, which also puts people living near these facilities at risk of exposure.”

There are some restrictions on the open dumping of products containing flame retardants in landfills, but there are no such restrictions on the incineration of products with high decaBDE content in municipal waste disposal facilities, she said.

“Many of these incinerators don’t burn hot enough to destroy the chemical, so their toxic degradation products end up in the environment,” O’Brien said. “DecaBDE then remains in the environment for a very long time and also accumulates in the bodies of people and wild animals. The EPA itself has said that it is very concerning that this chemical is proliferating in the environment, but that is exactly what their regulation allows.”

The lawsuit was filed on Thursday in the 9th^Th U.S. Court of Appeals on behalf of the Yurok Tribe, the largest Indian tribe in California, and Alaska Community Action on Toxics, a nonprofit organization that advocates for Alaska Natives. Both the Yurok and Alaska Natives rely heavily on the local environment for their food and livelihood.

“These chemicals threaten not only the health of tribal members, but also the survival and recovery of the salmon populations on which the tribes’ culture and economy depend,” O’Brien said.

“The Toxic Substances Control Act requires EPA to give special consideration to groups of people who are either more exposed to a chemical than the general population or more vulnerable to harm, and both apply to tribal populations when it comes to DecaBDE.” “

The Act provides for direct review of EPA’s regulations under this Act by a federal appeals court.

Another plaintiff is the Center for Environmental Transformation in Camden, New Jersey. Camden has a vehicle recycling plant and a solid waste incinerator, which are believed to be a significant source of decaBDE release into the local environment, O’Brien said. Local burning of garbage is also another route of exposure, she added.

The remaining plaintiff is the Consumer Federation of America, a coalition of nonprofit consumer health and safety organizations with a total of 50 million members.

While a final decision in the federal lawsuit is likely years away, there are ways for consumers to reduce their risk from flame retardants now.

“Replace your plastic kitchen utensils with stainless steel options or opt for plastic-free items to reduce your overall exposure to harmful additives and plastic,” said Megan Liu, science and policy manager at Toxic-Free Future, an environmental organization, in a statement Interview with CNN previous interview.

“Some manufacturers also have strict policies about removing retardants from their products, so you may as well be a careful shopper,” said Lui, who authored the October study that found high levels of decaBDE in black household products and food containers.

Regular handwashing, dusting, mopping and vacuuming, as well as good ventilation, can help remove dust that is likely contaminated with plastics and other chemicals of concern other than flame retardants.

Do not heat black plastic containers of food in the microwave or otherwise because heat causes chemicals to leach into the food they come into contact with, according to toxicologist Linda Birnbaum, former director of the National Institute for Environmental Health Sciences and of the National Toxicology Program. said CNN in October.

“Many people wash and reuse the black plastic containers that their food comes in,” Birnbaum said. “I tell people to immediately remove the food from the black plastic and put it in a glass, stainless steel or ceramic bowl.”

Still, there’s only so much a consumer can do, O’Brien said.

“I’m sitting at a desk in front of two computer monitors made of black plastic with flame retardants – it could very well be DecaDBE,” she said. “Every day, some of this chemical leaks from the monitors and gets stuck on my hair, my clothes and the dust in my office.

“I breathe in and absorb some of that dust as I go about my day,” O’Brien said. “Then I leave my office into an environment where these chemicals from old plastics are allowed to spread.”

“Ultimately, this is a problem that really needs a regulatory solution. We need the government to do its job to address this problem and prevent it from getting worse.”