1298 Cronson Blvd., Suite 201
Crofton, MD 21114
(800) 607-3772
www.epsmolders.org
May 31, 2011
Priority Chemicals
Minnesota Department of Health
Environmental Health Division
Site Assessment and Consultation Unit
P.O. Box 64975
St. Paul, MN 55164-0975
Submitted via email: [email protected]
RE: Comments on Listing of HBCD as a Priority Chemical per Minn. Stat. 2010 116.9403
Dear Sir/Madam,
The EPS Molders Association (EPSMA) requests that the Minnesota Department of Health (MDH)
consider removing hexabromocyclododecane (HBCD) from the priority chemical list and defer action
under the Minnesota Toxic Free Kids Act to permit the alternative assessment currently underway by
the Environmental Protection Agency to conclude. In its present use there is not a direct exposure
pathway to the class sought to be protected by the Act, the EPA is actively assessing safer alternatives,
and HBCD has been found to not present a danger to human health or life.
EPS building insulating materials are widely used in constructing high-performance, energy efficient
structures. All insulation used in building and construction must meet flame resistance standards which
often requires the addition of a flame retardant. HBCD is the most efficient, stable and effective flame
retardant additive available for EPS foam insulation. EPS foam is also used in vehicle bumpers, safety
equipment and protective packaging. These applications do not require flame retardant.
STUDIES DO NOT SUPPORT PRIORITY DESIGNATION
A review of available studies does not support the conclusion that HBCD warrants designation as a
priority chemical. The state of the science and determinations reached by the European Commission
and Health Canada do not support such an aggressive approach towards HBCD in its present uses.
MDH cited the European Commission’s report as mentioned above as a justification for its concern over
HBCD’s effect on human health, yet it overlooks the Commission’s conclusion that HBCD is not
considered a human health toxin. In addition to the European Commission, The Draft Screening
Assessment Report by Health Canada released August 28, 2010 concluded that HBCD is unlikely to result
in direct adverse effects to soil organisms and wildlife and that HBCD is not entering the environment in
a quantity or concentration or under conditions that constitute or may constitute a danger to human life
or health.
Furthermore, in the study by Makoto Ema, et al. i, cited in the EPA’s HBCD Action Plan, references to this
report have failed to note that the authors’ “findings suggest that HBCD has no effects on
androgenic/estrogenic events or sexual differentiation.” (at page 347). The essence of that study is
presented quite clearly by the authors as follows:
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“In conclusion, the results of the two-generation reproductive
toxicity study described here provide a more comprehensive toxicity
profile of HBCD than has previously been reported, and that the NOAEL
[no observable adverse effects level] of HBCD in this study was
considered to be 150 ppm in rats. . . . The estimated human intake of
HBCD is well below the NOAEL in the present study.” (at page 350)
EPSMA requests that the Minnesota Department of Health re-evaluate the actual scientific studies relied
upon and review the conclusions reached by both the European Commission and Health Canada.
Although HBCD has been found in many locations and in many organisms, the science indicates that
HBCD does not present a significant threat to the environment or humans.
HBCD IN EPS FOAM INSULATION DOES NOT PRESENT AN EXPOSURE HAZARD TO OCCUPANTS
HBCD is the flame retardant of choice for EPS rigid foam insulation because it is effective in very low
concentrations and remains stable in the polymer matrix. HBCD is typically present in concentration of
.6% by volume, far lower than concentrations formerly found in textiles, upholstery and apparel.
Furthermore, insulation products are contained and sealed within building structures and are not
exposed to the environment or occupants throughout their useful life.
The stated intent of the Toxic Free Kids Act (Minn. Stat. 2010 116.9401-116.9407) is to protect infants,
children and pregnant women from toxic chemical exposure in consumer products and in the home
environment. These classes of individuals would not be exposed to HBCD as it remains within the
polymer matrix of EPS foam insulation typically encapsulated behind plywood, drywall, housewrap and
siding.
Since there is no prevalent exposure pathway between HBCD in EPS foam insulation and infants,
children and pregnant women, EPSMA requests that the MDH reconsider its listing of HBCD as a priority
chemical.
INDUSTRY IS WORKING TOWARDS SAFER FLAME RETARDANTS
Industry has recently announced the development of a safer flame retardant alternative for EPS foam
insulation. Many hurdles remain before this or any new material could replace HBCD. In addition to
creating an effective flame retardant, scientists and industry must perfect the formulation and its
incorporation into EPS rigid foam insulation. Once the product is commercialized, it must undergo
rigorous performance and safety testing.
EPS rigid foam insulation is a sophisticated, high performance building material. There are other
insulating materials, but none that offer the unique structural and compressive strength and thermal
resistance of EPS foam. A review of any high performance building project, such as a net zero structure
or any passive house, will reveal generous use of rigid foam insulation.
The EPA Design for Environment program has set a timeline for study and assessment of alternatives for
HBCD with a deadline of January 2012 for release of its findings. Minnesota should allow the EPA to
complete the DfE study and the assessment of HBCD and the potential alternatives. EPSMA requests
that in light of the Federal activity regarding the safer alternative flame retardant for EPA foam
insulation that the MDH allow the EPA to continue to address HBCD in rigid foam insulation.
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For these reasons and in light of the U.S. EPA’s current DfE study, we would urge MDH to revisit its
conclusions about HBCD and reconsider its listing as a Priority Chemical.
The EPS Molders Association (EPSMA) is a trade association representing the North American expanded
polystyrene (EPS) foam industry. Our members operate facilities throughout the United States including
Minnesota. We would welcome the opportunity to assist MDH with any further questions as it seeks to
more fully understand the risks associated with HBCD and its use in EPS foam. Thank you for your
consideration.
Sincerely,
Walter Reiter
Deputy Director
EPS MOLDERS ASSOCIATION
i
Ema, M., Fujii, S., Hirata-Koizumi, M., and Matsumoto, K. 2008. Two-generation reproductive toxicity study of the
flame retardant hexabromcyclododecane in rats. Reproductive Toxicology, 25:335-351.
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