The National Green Tribunal (NGT) directed the Counsel for the Indian Council of Medical Research (ICMR)) to obtain instructions in respect of the testing facility available for compounds/elements used in cars as flame retardants and submit a report within 8 weeks by way of an affidavit.
The Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel heard an application registered suo moto, whereby the Tribunal is examining the issue of presence of cancer-causing chemicals in cars.
The issue has come up in the light of the news report showing that 99% of the cars contained a flame retardant called TCIPP, which is being investigated as potential carcinogen. It further involves the issue of use of two more flame retardants, TDCIPP and TCEP, which are stated to be carcinogenic.
The Tribunal by order dated 02.07.2024 had impleaded the respondents and had issued notices to them.
Respondent No. 1, Central Pollution Control Board (CPCB) has filed the reply dated 10.09.2024 taking the following stand:
“4. That with regard to the averments made in the subject News Item. the following is submitted for kind consideration of Hon’ble Tribunal:
a. The Ministry of Environment. Forest & Climate Change (MoEF&CC) has notified Manufacture. Storage and Import of Hazardous Chemicals (MSIHC) Rules. 1989. The flame retardants. Tris (1-chloro-isopropyI) phosphate (TCIPP). Tris(1.3-dichloro-2- propyl) phosphate (TDC IPP) and Tris(2- carboxyethy I) phosphine(TCEP) used in the automotive industry as product are not listed in the MSIHC Rules, 1989.
b. MoEF&CC Vide Gazette Notification bearing no. GSR 608 (E) dated 21.07.2010. has notified effluent and emission standards for organic chemical manufacturing industry including industries manufacturing halo aliphatics, plasticisers. aromatics (alcohols. phenols. esters, acids and salts. aldehydes and ketones), substituted aromatics, aliphatics (alcohols. phenols. esters. acids. aldehydes. ketones. amines and amides) and detergents.
c. That the automobile safety standards are prescribed by the Ministry of Road Transport and Highways (MoRTH) and are enforced by the Automotive Research Association of India (ARAI) and the National Automotive Testing and R&D Infrastructure Project (NATRiP). The regulations cover various aspects of vehicle safety, including occupant protection, crash worthiness and standards of emission from motor vehicle.
d. The Bureau of Indian Standards (BIS) has been mandated to establish specific standards for flammability and flame resistance of Textile fabrics.
e. CPCB has issued emission and effluent discharge standards for various processes of the chemical sector/ industries. However, the Answering Respondent herein i.e CPCB has not carried out any study pertaining to aforesaid flame retardants used in the automotive industry as product.
f. The Automotive Research Association of India (ARAI) and the National Automotive Testing and R&D Infrastructure Project (NATRiP) and BIS may be better equipped to assist the Hon’ble Tribunal in this regard.”
Submission of Counsel for the CPCB is that adequate testing facility is not available with the CPCB to ascertain if the TCIPP, TDCIPP and TCEP are carcinogenic in nature and are being used in the cars, especially in the dashboard, etc. Further submission of Counsel for the CPCB is that such testing facilities are available with the ICMR.
Respondent No. 3, ICMR has filed the reply dated 10.09.2024 but no definite stand has been taken in that reply in respect of the above substance being carcinogenic or non-carcinogenic. The stand of the ICMR in the reply is that:
“7. That it is submitted that according to the research studies, including scattered reports on the probable carcinogenicity of the mentioned compounds viz tris (1-chloro-2propyl) phosphate TCIPP and Tris (1,3-dichloro-2propyl) phosphate (TDCIPP) in humans TDCIP was added to the California Proposition 65 (Prop 65). List in 2011 and has been banned in certain products. This listing has resulted in a substitution of TCIPP in place of TDCIPP. That the Evidence is limited to enlist both of them as carcinogenic for humans in any of the group enlisted by the Inter-national Agency for Research on Cancer (IARC).
That Tris(2-chloroethy) phosphate-TCEP is enlisted in Group 3 which is not classifiable as carcinogenic to humans (agents classified by the IARC monographs, volumes 1-136). However, if safer, alternatives are available, they should be promoted.
That a copy of relevant pages of research paper titled “EVIDENCE ON THE CARCINOGENICITY OF TRIS (1, 3-DICHLORO-2- PROPYL) PHOSPHATE”, published by Reproductive and Cancer Hazard Assessment Branch Office of Environmental Health Hazard Assessment California Environmental Protection Agency,….
That a copy of the research paper titled “Flame Retardant Exposure in Vehicles is Influenced by Use in Seat Foam and Temperature”, published in journal “Environmental Science & Technology”…….
That a copy of the list of agents classified by IARC Monographs as carcinogenic to humans,…….”
In view of the stand taken by the CPCB, the NGT implead the following additional respondents in the matter:
Respondent No. 5- Ministry of Road, Transport and Highways, through the Secretary.
Respondent No. 6 – Automotive Research Association of India (ARAI), through its Administrative Head.
Respondent No. 7 – National Automotive Testing and R&D Infrastructure Projects (NATRIP), through its Administrative Head
Respondent No. 8 – Bureau of Indian Standards, (BIS) through the Director General
The Bench issued notice to the respondents and listed the matter on 03.01.2025.