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EPA Proposes Amending TSCA, Adding SNUR for PBDEs

The Environmental Protection Agency is proposing to amend the Toxic Substances Control Act (TSCA) section 5(a) Significant New Use Rule (SNUR), for polybrominated diphenylethers (PBDEs) by designating processing of six PBDEs as a significant new use. It would also designate 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, it said in a Federal Register notice.

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Anyone who intends to import or process any of the seven PBDEs included in the proposed SNUR would be required to notify EPA at least 90 days in advance. EPA is also proposing a test rule under TSCA that would require anyone who manufactures or processes commercial pentabromodiphenyl ether (cpentaBDE), commercial octabromodiphenyl ether (c-octaBDE), or commercial decaBDE (c-decaBDE) for any use after December 31, 2013, to conduct testing on their effects on health and the environment. EPA is proposing to designate all discontinued uses of PBDEs as significant new uses.

Comments are due by June 1, 2012, (docket identification (ID) number EPA--HQ--OPPT--2010--1039) at http://www.regulations.gov, or at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460--0001.