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| EPA/OCSPP | RIN: 2070-AJ08 | Publication ID: Fall 2010 |
| Title: Certain Polybrominated Diphenyl Ethers (PBDEs); Test Rule and Significant New Use Rule (SNUR) | |
| Abstract: The Agency is developing two simultaneous proposed rulemaking actions which it committed to take in the Chemical Action Plan for Polybrominated Diphenyl Ethers (PBDEs) released on December 30, 2009. In the first action, the Agency intends to propose amending the existing PBDE SNUR to require manufacturers and importers of the subject PBDEs to submit a significant new use notice (SNUN) to EPA before they can begin manufacturing, importing, or processing a PBDE subject to the SNUR. In the second action, EPA intends to propose a test rule to require anyone who manufactures, imports, or processes pentaBDE, octaBDE, or decaBDE after the relevant effective dates to conduct testing to obtain specific data on health effects, environmental effects, and chemical fate. PBDEs are a family of chemicals with a common structure of a brominated diphenyl ether molecule which may have anywhere from one to ten bromine atoms attached. PBDEs have been widely used as flame retardants in a number of applications: c-pentaBDE was used primarily as an additive flame retardant in flexible polyurethane foams; c-OctaBDE was used in acrylonitrile-butadiene-styrene (ABS) plastic which was used as casing for certain electric and electronic devices used in both offices and homes. Domestic manufacture of c-pentaBDE and c-octaBDE ceased in 2004 when the Great Lakes Chemical Corporation (now Chemtura Corporation) voluntary phased out their production. In 2006 EPA promulgated a SNUR designating manufacture or import of any of six PBDEs (tetraBDE, pentaBDE, hexaBDE, heptaBDE, octaBDE, and nonaBDE) a significant new use. The 2006 SNUR does not address processing or the importation of articles containing the six PBDEs, and does not address a seventh PBDE, decabromodiphenyl ether (decaBDE), which is still manufactured and widely used in the United States. On December 17, 2009, as the result of negotiations with EPA, the two U.S. producers of decaBDE, Albemarle Corporation and Chemtura Corporation, and the largest U.S. importer, ICL Industrial Products, Inc., announced commitments to phase out production, and importation of decaBDE for most uses in the United States by December 31, 2012, and to end all uses by the end of 2013. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 721 40 CFR 790 to 799 | |
| Legal Authority: 15 USC 2601 et seq. | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: EPA Docket information: EPA-HQ-OPPT-2009-0357 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.epa.gov/oppt/chemtest, http://www.epa.gov/oppt/existingchemicals/pubs/actionplans/pbde.html | |
| Sectors Affected: 32411 Petroleum Refineries; 325 Chemical Manufacturing | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Catherine Roman Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 7405M, 1200 Pennsylvania Avenue NW., Washington, DC 20460 Phone:202 564-8172 Fax:202 564-4765 Email: roman.catherine@epa.gov John Bowser Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 7405M, Washington, DC 20460 Phone:202 564-8082 Email: bowser.john@epa.gov |
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