The Norwegian Pollution Control Authority (SFT) has drawn up a draft action plan to achieve this goal. The plan includes risk reduction measures such as a prohibition against the use of specific substances, information activities, the collection of data and stricter control of waste collection and treatment.

Problems associated with brominated flame retardants
Brominated flame retardants are a group of brominated organic substances that inhibit or suppress combustion in organic material. They are used in electrical and electronic equipment, textiles and plastics in vehicles, building materials, paints and insulation foam.

An estimated 50 tonnes per year is used in Norwegian production of various goods. The total quantity of brominated flame retardants put on the market in products in Norway is estimated to be between 300 and 600 tonnes per year.

Many brominated flame retardants have undesirable health and environmental effects. Because they are extremely stable, they can spread through the environment and accumulate in food chains and in sediments, where they are only slowly degraded. They are therefore often compared to persistent organic pollutants (POPs) such as PCBs.

Various studies have shown that concentrations of brominated flame retardants in the environment and in human tissue are rising. These substances have been found in sediments from many European rivers, in fish from the Baltic Sea, in Norway (Lake Mjøsa and lakes in Hordaland county), in the Arctic (Bear Island) and in fish caught off Iceland and the Åland Islands. Some of them have also been detected in human breast milk and blood. When waste containing brominated flame retardants is incinerated, brominated dioxins may be formed. 

Brominated flame retardants are released into environment during the manufacture of products, during their use and after they have been discarded as waste. This means that it is not sufficient to prevent emissions during the manufacture of products. We must also avoid the use of these substances if they may be released during use of the products or from waste. Long-range transport in the atmosphere is another source of inputs of brominated flame retardants to the environment in Norway. Inputs from this source can only be reduced through binding international agreements that limit their use globally.

There are about 70 different brominated flame retardants on the market. They are often divided into two main types, additive and reactive. Additive substances have generally been considered to pose the greatest risk because they are most easily released from products.

The health and environmental effects appear to vary from one substance to another, and the need to reduce their use will depend on the properties of individual substances. However, on the basis of the precautionary principle, it may be necessary to limit the use of brominated flame retardants even without full knowledge of the properties of every substance. 

Penta-, octa- and decaBromoDiphenyl Ether (BDE), TetraBromoBisPhenol-A (TBBPA) and HexaBromoCycloDodecane (HBCD) account for the largest volumes of brominated flame retardants in use today. It has been documented that penta-, octa- and deca-BDE have properties that could make them hazardous to health and the environment.

All three of these are additive substances, and reduction of their use should therefore be given priority. TBBPA and HBCD are the brominated flame retardants that are most widely used in Norway. HBCD is additive, whereas TBBPA is reactive and therefore more strongly bound to the products in which it is used. Despite this, TBBPA has also been detected in human blood in recent years. TBBPA and HBCD also have undesirable properties related to the environment and/or health, but are not as well documented as penta-, octa- and deca-BDE. More information is needed on the effects of TBBPA and HBCD and their fate in the environment, and their use should be closely monitored.

The Norwegian Pollution Control Authority considers that because these substances are so widely used and disperse so widely in the environment, there is reason to regulate their use even though no final conclusions are as yet available from risk assessments.

Some product groups are regulated by international standards for fire safety. This applies for example to some building materials, materials used in road and railway embankments to prevent frost heave, electrical material, industrial packaging, insulation for tunnels, upholstered furniture, curtains, electronic household appliances and electrical cables. These standards specify the flame-retarding properties that are required but not which flame retardants are to be used. Until now, brominated flame retardants have been considered to be cheapest and most efficient.

It is difficult at present to predict which alternatives will be used as replacements if the brominated flame retardants that are currently most widely used are prohibited. It is very important to obtain more information on possible substitutes in the next few years, so that health and environmental impacts are clarified before any changeover to new, alternative flame retardants.

Regulation of brominated flame retardants today
According to Norwegian legislation, chemicals containing brominated flame retardants that are hazardous to health or the environment must be classified and labelled before they are placed on the market. Classification in one of the categories of dangerous chemicals means that labelling is required, but also has other consequences. These may include restrictions on sales, regulations relating to the working environment and requirements for waste to be treated as hazardous waste.

Experience has shown that industries try to replace substances for which labelling is mandatory with less hazardous substances in order to avoid these consequences. This means that the quantities of brominated flame retardants in products will be reduced as their harmful properties are documented.

The use of two types of brominated flame retardants, tris (2,3 dibromopropyl) phosphate and polybrominated biphenyls (PBB), in textiles that are intended to come into contact with skin is prohibited both in Norway and in the EU through Council Directive 76/769/EEC on restrictions on the marketing and use of certain dangerous substances and preparations. Controls in recent years have not revealed any use of these substances in Norway.

Brominated flame retardants are included on the observation list drawn up by the Norwegian environmental authorities. Substances are included on this list if they are hazardous to health or the environment and current information indicates that they represent special problems at national level.

All five types of brominated flame retardants discussed in this document are on the list. As a result, the Norwegian Pollution Control Authority expects that manufacturers and importers will treat these substances with greater caution, and that the statutory requirement to apply the substitution principle will result in a reduction in their registered use. The inclusion of these substances on the observation list will also make it possible for the Authority to follow the situation more closely.

The EU plans to prohibit the use of penta-BDE. The EU has also included poly-BDE in the list of substances for which the IPCC Directive requires an exchange of information to be organized, and penta-BDE is on the list of priority hazardous substances under the Water Policy Directive. Octa- and deca-BDE, TBBPA and HBCD are all on the list of substances for which risk assessments are to be carried out within the EU.

Other international efforts are also under way to limit the use of brominated flame retardants. For example, they are included on OSPAR’s list of chemicals for priority action to protect the marine environment. At the 4th North Sea Conference, it was decided to phase out the use of brominated flame retardants by 2020. The Nordic countries are seeking to have penta-BDE included in the global Convention on Persistent Organic Pollutants (POPs).

Proposals for action to achieve national targets
Norway has a priority list of environmentally hazardous chemicals (first published in Report No. 58 (1996-1997) to the Storting), which includes brominated flame retardants. Norway’s target is to achieve a substantial reduction of emissions of the priority substances by 2010.

For brominated flame retardants, the main tasks will be to reduce the use of those substances that pose the greatest risks to health and the environment, and to manage waste from products containing these substances so that no further emissions to the environment are generated. 

To achieve this, the Norwegian Pollution Control Authority proposes a number of specific measures, as described below.

Restrictions on use

• The Pollution Control Authority suggests that draft regulations prohibiting the use of penta-BDE from 1 January 2003 should be drawn up, in line with the proposed EU directive. A prohibition against the use of octa-BDE and deca-BDE is also proposed, probably from 1 January 2005.

There are documented findings of penta-BDE in the environment, in organisms high up in the food chain and in human breast milk, even in areas far away from sources of pollution. This substance is very toxic to aquatic organisms, its biodegradability is very low and it can cause long-term adverse effects in the aquatic environment and in food chains. It may also cause chronic damage to health and can cause harm to breastfed babies.

The Council and the European Parliament have almost finished the procedures for adopting a prohibition against its use, and this is expected to enter into force on 1 January 2003. Because the EU’s risk assessments for octa-BDE and deca-BDE have shown that the biodegradability of these substances is very low, and that they can in some cases be detected high up in food chains, can cause chronic damage to health and it is highly probable that they can also be converted to penta-BDE (and other homologues with similar properties), the Pollution Control Authority proposes to prohibit these substances as well.

Octa-BDE will be classified and labelled as both liable to impair fertility and developmentally toxic in the course of autumn 2002. The Pollution Control Authority wishes to start work to identify the consequences of a prohibition against the use of octa- and deca-BDE and to determine the date from which a prohibition should enter into force.

• Risk assessments and further testing of HBCD and TBBPA are being carried out as part of the EU risk assessment programme. The Pollution Control Authority intends to play its part in risk assessment and the classification process so that they can be completed as soon as possible, with results that are satisfactory for the Norwegian authorities. The Authority proposes that Norway should consider national regulation of the use of these substances if the EU has not decided on measures to reduce risk by 1 January 2004. 

The preliminary results of the risk assessments show that HBCD and TBBPA also have undesirable health and environmental effects, and they are widely used. TBBPA is considered to be the most commonly used brominated flame retardant on a global basis. Both TBBPA and HBCD are very toxic to aquatic organisms, they are not readily biodegradable, and they can have long-term effects in the aquatic environment.

TBBPA has been detected in the blood in the general population of Norway. HBCD can cause liver damage in mammals. It has a high potential for bioaccumulation and can therefore accumulate in the environment and in organisms at different levels in food chains. Risk assessments are time-consuming and costly, and it is important that all EEA states, including Norway, play an active part in completing the assessments and classifying the substances so that the need for risk reduction measures can be identified as quickly as possible.

• In the course of 2003, the Pollution Control Authority will take steps to obtain information, if necessary by issuing orders, from relevant branches on the types of brominated flame retardants contained in the electrical and electronic equipment (EEE) they import. Companies will also be required to present plans for reducing or phasing out the use of brominated flame retardants.

There is a pressing need for exact information on which brominated flame retardants imported EEE items contain. The Product Control Act requires Norwegian importers to exercise due care and to have adequate knowledge of the substances and products they place on the Norwegian market.

If products contain brominated flame retardants, the importers will have to draw up plans for reducing the content of such substances or for phasing out their use. The aim will be to eliminate the need for flame retardants wherever possible, or to replace them with flame retardants that are less hazardous to health and the environment. 

• The Pollution Control Authority will require Norwegian producers who use brominated flame retardants and products containing these substances to document that they are complying with the statutory requirement to apply the substitution principle pursuant to the Product Control Act, and/or that they are implementing measures to reduce emissions. The Authority will follow this up through its control activities in 2003.

The Product Control Act requires Norwegian manufacturers to exercise due care and to have adequate knowledge of the substances and products they use in manufacturing processes. This also includes manufacturers of products such as fittings for vehicles and boats, textiles, etc., where there may be special rules relating to fire safety.

The requirement means that if substances and products that are hazardous to health or the environment are used, risk assessments shall be carried out and steps taken to reduce the risk. Because the Pollution Control Authority has already included brominated flame retardants on the observation list, we expect active steps to be taken to replace these substances.

• The Pollution Control Authority will follow developments to see which replacement substances are used in response to the planned prohibition on brominated flame retardants, and obtain information on the quantities used and the health and environmental effects of these substances.

When the use of a particular substance is prohibited, it is necessary either to alter the construction of the product so that the need for flame-retarding properties is reduced or eliminated, or to replace the forbidden substance. It will be necessary to monitor which substances are used as substitutes and to ensure that they represent the smallest possible risk to health and the environment. 

International efforts

• By taking part in work within the EU system and various international fora such as OSPAR, the North Sea cooperation and the POPs Convention, the Norwegian Pollution Control Authority will actively support efforts to reduce the use of brominated flame retardants.

It is important to maintain an overview of initiatives and prohibitions in other countries. This makes it possible to learn more about the substances involved and to put forward or support proposals. Of particular interest is the prohibition against the use of a less familiar brominated flame retardant, tetrabromobisphenol A-bis (also known as FR-720) in the Netherlands.

The Dutch authorities recently prohibited the use of this substance because it is very similar to TBBPA and little is known about its health and environmental effects. As far as the Norwegian authorities know, the substance is not used in Norway, but they cannot exclude the possibility that it may be found in imported products. The Pollution Control Authority will follow further work by the Dutch authorities on this substance.

Green State

• The Pollution Control Authority proposes that the Ministry of the Environment should take the initiative through the “Green State” procurement scheme for ensuring that when state agencies make purchases, they require products that do not contain brominated flame retardants, or that contain the types that have been documented to be least hazardous.

The state is a large customer, and can use its influence to raise awareness of this important problem and create a demand for products that are less hazardous to health and the environment. 

Waste treatment

• The Pollution Control Authority will make use of control and information measures to follow up progress in achieving the target of 80 per cent recovery of EEE waste (WEEE) by 1 July 2004. In consultation with the industry, changes in the use of policy instruments may be proposed in order to increase the level of recovery.

WEEE makes up a substantial proportion of the waste containing brominated flame retardants, and it is important to achieve good control of the way this waste is managed. The Ministry of the Environment has entered into agreements with the relevant branches of industry in which they take responsibility for the reduction, collection and treatment of EEE waste (the WEEE agreement).

The target is to reach a waste recovery level of 80 per cent by this date. Experience gained through the operation of this agreement will be used to evaluate whether collection routines can be improved. 

•  The Pollution Control Authority will survey emissions of brominated flame retardants that result from the current treatment of collected EEE waste, and use the results to propose any measures and instruments considered necessary. This will involve:  
• collecting data on emissions of brominated flame retardants from landfills. The results will be used to evaluate whether these substances should be included in the measurement programme the Authority is to develop for landfills, and to decide which measurements should be required in 2003.  
• in cooperation with the branches involved, survey emissions from the incineration of waste containing brominated flame retardants in the period 2002-2003.

At present, we have too little information on leaching of brominated flame retardants from landfilling of WEEE and on emissions to air of brominated flame retardants or other environmentally hazardous substances (primarily brominated dioxins) that may be generated by incineration of waste containing these substances.

• In the course of 2002-2003, the Pollution Control Authority will carry out a survey of whether shredder fluff (the residual light fraction of shredder residue) from fragmentation plants contains any brominated flame retardants.

We have recently learned that shredder fluff from fragmentation plants may contain high levels of pollutants such as lead, cadmium and PCBs. The purpose of the survey is to find out whether this waste fraction also contains brominated flame retardants. If it does, the categories in which these substances are finally classified according to the Chemical Labelling Regulations will determine whether shredder fluff must be treated as hazardous waste. In this case, it would also be necessary to consider measures to reduce the content of brominated flame retardants. 

• In the course of 2002, the Pollution Control Authority will modify the discharge permits issued to fragmentation plants to ensure sound treatment of any WEEE they receive and to follow this up with control measures.

The Authority considers this to be important because some WEEE is delivered directly to fragmentation plants, not through the WEEE collection system. The discharge permits will be modified to ensure that this waste is soundly treated and prevent emissions of brominated flame retardants to air. Steps will be taken to control compliance with the conditions in the discharge permits.

• The Pollution Control Authority will follow up operations at fragmentation plants to ensure that the light waste fraction (shredder fluff) is treated as hazardous waste if it contains hazardous substances for which classification is mandatory, and their concentrations exceed the limits set out in the Hazardous Waste Regulations.

Experience indicates that this waste fraction has rarely been evaluated according to the criteria used to define hazardous waste, cf appendix 3 of the Hazardous Waste Regulations. The Pollution Control Authority therefore considers this to be an important measure.

On 25 October 2001, the Authority wrote to all fragmentation plants and county governors stressing that the plants have a duty to evaluate the waste in this way. If this results in a larger proportion of shredder fluff being dealt with through the hazardous waste management system, it will reduce the risk of emissions of brominated flame retardants from shredder fluff to the environment.

Information on the harmful properties of brominated flame retardants

• The Pollution Control Authority wishes to ensure that information is easily available to the public in the course of 2002. This will explain the serious problems involved, help the public to ask for products that do not contain brominated flame retardants, and ensure that products that contain these chemicals are delivered to the recovery system for WEEE.

Although a good deal of information material has already been produced, ordinary consumers are not very aware of the content of brominated flame retardants in electrical and electronic equipment or of the hazardous properties of these substances. Many consumers still dispose of WEEE with their ordinary household waste. Providing information on the serious health and environmental effects of these chemicals is a key factor in efforts to change people’s behaviour (waste disposal) and to increase the demand for products with less environmental impact.

• We also wish to ensure that information on the serious hazards posed by brominated flame retardants in various products is readily available to relevant branches of industry. This will give the industry and purchasers of the products more information and make it possible for them to ask for less hazardous products. In autumn 2002 and the first six months of 2003, the Pollution Control Authority will hold meetings for actors in various branches of industry, for example electrical and electronic equipment, cars, paints and textiles.

Although a good deal of information material has already been produced, purchasers are not sufficiently aware of the content of brominated flame retardants in electrical and electronic equipment or of the hazardous properties of these substances. Nowadays, a green procurement policy is part of many companies’ overall strategies. But this is difficult to put into practice without adequate knowledge of the problems.

Knowledge is also an important basis for bringing about changes in waste management. The WEEE agreement requires the EEE industry to carry out waste reduction measures, for example by reducing the use of substances that are hazardous to health and the environment in these products. Contact with other authorities and agencies is also needed to identify the types of products that are required to have flame retardant properties and what can be done to avoid the use of brominated flame retardants.

Environmental monitoring 

• The Norwegian Pollution Control Authority will collect existing monitoring data and assess the need for monitoring programmes for these substances in Norway.

It is important to consolidate data on brominated flame retardants in the environment and to follow trends in emissions. Penta-BDE is on the list of priority hazardous substances under the EU Water Policy Directive, and requirements will therefore be laid down for monitoring of the substance in various ecosystems.

• The Pollution Control Authority will obtain more reliable data on the use in products of all five brominated flame retardants that are specially mentioned here. This will be done by carrying out material flow analyses, to be started in 2002.

The Authority considers this to be important as a means of enabling the environmental authorities to follow trends and measure the effects of planned measures, and as a signal to relevant branches of industry that the authorities are concerned about these substances. 

Updating the action plan

• The Pollution Control Authority proposes that the action plan should be updated in 2004.

We expect to obtain more information on these substances and areas of use, and will be able to make use of action taken and regulation of the use of these substances in other European countries in our work. It will be necessary at some point to assess whether the measures that have been implemented have had the desired effect and whether they are sufficient to achieve our targets.