EU: Limit value for a Persistent Organic Pollutant – HBCDD

 

The EU Commission aims to protect human health and the environment by eliminating or restricting the production and use of POPs, as defined in the Stockholm Convention.

It has published a new legal act changing the Regulation (EU) 2019/1021 on persistent organic pollutants.  It amends the limit value for the presence of HBCDD as an unintentional trace contaminant in substances, mixtures and articles.

Background:

Article 1 of Regulation (EU) 2019/1021, also known as the ‘POPs Regulation’, aims to safeguard human health and the environment against Persistent Organic Pollutants (POPs) by either prohibiting, swiftly phasing out, or regulating the manufacture, introduction to the market, and utilization of substances governed by the Stockholm Convention on POPs.

Hexabromocyclododecane (HBCDD) is specifically mentioned in Annex I of Regulation (EU) 2019/1021 (referred to as the ‘HBCDD entry’). Pursuant to Article 4(1)(b) of the POPs Regulation, the HBCDD entry in Annex I imposes a limit of 100 mg/kg (0.01% by weight) for Unintentional Trace Contaminants (UTC) of HBCDD in substances, mixtures, articles, or as constituents in flame-retardant articles. This limit, as indicated in point 1 of the fourth column of the HBCDD entry, is subject to periodic review.

HBCDD qualifies as a Persistent, Bio-accumulative, and Toxic (PBT) substance. In a prior dossier for authorization under Regulation (EC) No 1907/2006, which concerns the registration, evaluation, authorization, and restriction of chemicals (REACH), the Risk Assessment Committee (RAC) of the European Chemicals Agency (ECHA) concluded that the PBT and very Persistent, very Bio-accumulative (vPvB) characteristics introduce heightened uncertainty in risk estimation methodologies for human health and the environment. Consequently, establishing a Predicted No Effect Concentration (PNEC) for HBCDD with sufficient reliability proves challenging.

HBCDD falls under the category of brominated flame retardants, serving as an additive-type flame retardant unbound chemically to the plastic matrix. Historically, it has been a principal flame retardant in polystyrene insulation materials such as expanded polystyrene (EPS) and extruded polystyrene (XPS). Additionally, HBCDD has found application in textiles, packaging materials (EPS), and high-impact polystyrene (HIPS) for electrical and electronic purposes.

Within the EU, production, market introduction, and usage of HBCDD have largely ceased between 2014 and 2016, with current allowances limited to HBCDD present in EPS articles utilized in buildings before February 21, 2018, and HBCDD in XPS articles utilized in buildings before June 23, 2016. All specific exemptions granted under the Stockholm Convention for HBCDD production and usage expired in November 2019.

Due to historical and ongoing recycling activities, HBCDD is present in recycled plastics and derived products in concentrations ranging from minimal to over one thousand mg/kg. There are concerns regarding the inadvertent inclusion of restricted brominated flame retardants, including HBCDD, in new applications of recycled polymer materials originally flame-retarded. These concerns extend to products like children’s toys, articles for food contact, and polystyrene packaging. While current EPS recycling rates are limited, significant growth is anticipated in recycling of demolition EPS insulation in the coming decades, aided by emerging environmentally friendly technologies like solvent-based recycling processes.

Analytical techniques such as X-ray fluorescence spectroscopy (XRF) and gas chromatography–mass spectrometry (GC-MS) are employed for bromine and HBCDD content determination, respectively. XRF facilitates rapid and routine screening of batches, while GC-MS is typically utilized on a less frequent, programmed basis. Nevertheless, the current quantification limits of both methods hinder substantial reduction of the UTC limit value for HBCDD, thereby impeding reliable verification.

To find out more about EU regulations for chemicals, please contact the Product Compliance Institute directly.