The Environmental Protection Agency (EPA) announced that it is requiring manufacturers and importers of cadmium used in consumer products to provide unpublished health and safety data to the Agency. On November 20, 2012 EPA released a prepublication version of the signed “immediate final rule” titled Health and Safety Data Reporting; Addition of Certain Chemicals; Final Rule. An “immediate final rule” is apparently the equivalent of a “direct final rule,” which will be immediately effective unless any adverse comment is received. The official version of the document will appear in the Federal Register within 10 days of the signature date.
EPA is issuing a TSCA section 8(d) rule under procedures for Health and Safety Data Reporting rule, 40 CFR Part 716, to require manufacturers and importers of cadmium or cadmium compounds, including as part of an article, that have been, or are likely to be, incorporated into consumer products to submit certain unpublished health and safety studies to EPA. Importantly, in this rule EPA is proposing to remove the “articles exemption” under which EPA recognizes that substances which are not intended to be removed and have no separate commercial purpose are generally exempt from TSCA. As a result, the application of this rule may be far-reaching. Please contact Advocacy if you have any questions or if this rule will affect you.