1. Flame Retardant Regulatory Status and Future Development GPEC 2010 – March 9, 2010 Raymond B. Dawson Global Director, Advocacy [email_address] Susan D. Landry Advisor, Fire Safety & Advocacy [email_address]

8. Summary of FR EU Risk Assessments 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 --- Banned in EU as of Aug 2004 Risk Assessment Unfavorable --- Concluded Penta-BDE R50/53 Transferred to REACH - on the SVHC Candidate List Classified a PBT Risks identified, PBT status debate – new science On the SVHC Candidate List ENV: Finalized HH: Finalized HBCD R50/53 - Not restricted for any applications - Authorities have emission requirements - Emissions control program active ENV: risk identified at one additive user plant only HH: None None ENV: Finalized HH: Finalized TBBPA None - Safe for continued use - Emissions control program active None Additional tests, monitoring, and emissions control in progress Concluded Deca-BDE --- Banned in EU as of Aug 2004 Some risks identified --- Concluded Octa-BDE Classification Conclusions Risks Identified Next Steps Status Flame Retardant

9. Summary of FR EU Risk Assessments 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 R38, R40 Transferred to the REACH ENV: risks identified for sediments at a few plants HH: no risks identified at current stage –discussions in progress Risk Assessment transferred to REACH ENV: finalized HH: finalized (Sb 2 O 3 ) None Antiblaze ® TL-10 successfully completed registration (REACH Registration # 01-2119419991-33-0000 None Antiblaze ® TL-10 successfully c ompleted REACH registration ENV: Finalized HH: Finalized V-6 N, R51/53, R40 TDCP will be sold with the same existing labels Chronic tox + Carc, dermal, production & flexible PU foam manufacturing REACH registration, C& L decision ENV: Finalized HH: Finalized TDCP Xn, R22 TCPP will be sold with the same existing labels Reprotox, dermal, production REACH registration, C& L decision ENV: finalized HH: finalized TCPP T, N, R51/53, R22, R60, R40 Transferred to REACH - on the SVHC Candidate List Reprotox + chronic tox + Carc, several exposure scenarios On the SVHC Candidate List ENV: finalized HH: finalized TCEP Classification Conclusions Risks Identified Next Steps Status Flame Retardant

13. REACH – Registration timelines 06/2007 REACH Entry into force 06/2008 12/2010 06/2018 06/2013 Registration > 1000 tpa > 1 tpa (CMR cat. 1 & 2, PBT, vPvB) > 100 tpa (N; R 50/53) Registration > 100 tpa P R E - R E G I S T R A T I O N 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

14. REACH – Evaluation Submission of registration (by registrant) Completeness Check for dossier and fee (by ECHA) Dossier Evaluation (by ECHA) Substance Evaluation (by MS) Check of Testing Proposals (by ECHA) Compliance Check (by ECHA) Check of Substance properties OUTPUT : Decision on further information requirements Information for stakeholders Restrictions Registration No. assignment Duties of registrants : Update w ith 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

16. REACH – Authorization Potential Options for Authorization SUBSTANCES of VERY HIGH CONCERN RISK IS ADEQUATELY CONTROLLED : CMRs 1 & 2 + OTHER substances with threshold limits RISK IS NOT ADEQUATELY CONTROLLED : CMRs 1 & 2 + OTHER substances with threshold limits + PBTs, vPvBs AUTHORIZATION Time-limited review on case-by-case basis YES Suitable alternative NO YES SUBSTITUTION Socio-economic benefits YES NO BAN

22. Informed Substitution

29. Commit to VECAP Code of Good Practice Create and implement emissions reduction plan Utilize third-party verification audits as needed Drive to Reduce Emissions Perform self assessment and Mass Balance; develop baseline emissions to ensure progress is measurable We are asking users to:

31. “ 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, VECAP is particularly relevant in the context of REACH and of the development of the new chemical regulation in the US.” Dr. Pat Beattie, Director Chemical Risk Management, General Motors Corporation Dave 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 Support of VECAP GM Marks & Spencer "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 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 Counci l Wildlife Habitat Counci l

32. 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.