New SNUR for PBDEs

The US Environmental Protection Agency (EPA) is proposing to amend the Toxic Substances Control Act (TSCA) section 5(a). Already California and Washington passed legislations to ban PBDEs. Not to mention others. EPA and OSHA are playing catch-up in many ways with environmental and health issues. This latest news on flame retardants from EPA should be exciting but it has a laggard’s feel to it, rather like the soft “thud” made last week when OSHA published GHS.

Question: Is late better than never? Or are rules best set while momentum is still hot?

What EPA is proposing is a Significant New Use Rule, or SNUR. Also a Test Rule. Formally, this is regarding certain Polybrominated Diphenylethers, which are commonly known as PBDEs. PBDE is pronounced phonetically as an acronymn. To wit: it starts to sound like “Peabody” if you turn the word around in your head too many times in a row. (One of many ah-ha moments achieved while writing this article.)

What you’ll want to know about EPA’s proposal to amend the Toxic Substances Control Act (TSCA) section 5(a).

On the chopping block: polybrominated diphenylethers (PBDEs).

Execution style:

Designating processing of six PBDEs, or any combination of these chemical substances resulting from a chemical reaction, as a significant new use
Designating manufacturing, importing, and processing of a seventh PBDE, decabromodiphenyl ether (decaBDE) for any use which is not ongoing after December 31, 2013, as a significant new use
Making inapplicable the article exemption for SNURs for this action — in other words, no exemptions

A person who intends to import or process any of the seven PBDEs included in the proposed SNUR, as part of an article for a significant new use would be required to notify EPA at least 90 days in advance to ensure that EPA has an opportunity to review and, if necessary, restrict or prohibit a new use before it begins.

EPA is also proposing a test rule under TSCA that would require any entity manufacturing or processing in any articles for any use either:

Commercial pentabromodiphenyl ether (cpentaBDE)
Commercial octabromodiphenyl ether (c-octaBDE), or
Commercial decaBDE (c-decaBDE)

after December 31, 2013 must conduct testing on health and environmental effects.

EPA is proposing to designate all discontinued uses of PBDEs as significant new uses. The test rule would be promulgated if EPA determines that there are persons who intend to manufacture, import, or process c-pentaBDE, c-octaBDE, or cdecaBDE, for any use, including in articles, after December 31, 2013.

DATES: Comments must be received on or before June 1, 2012.

ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2010–1039

FOR MORE on EPA’s plans for PBDEs, HBDEs and related chemicals please refer to the Actio Blog March 20, 2012.

Question: Is late better than never? Or are rules best set while momentum is still hot?

What EPA is proposing is a Significant New Use Rule, or SNUR. Also a Test Rule. Formally, this is regarding certain Polybrominated Diphenylethers, which are commonly known as PBDEs. PBDE is pronounced phonetically as an acronym. To wit: it starts to sound like “Peabody” if you turn the word around in your head too many times in a row. (One of many ah-ha moments achieved while writing this article.)