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EPA reverses cadmium rule

December 24, 2012

The Environmental Protection Agency (EPA) EPA is withdrawing the final Toxic Substances Control Act (TSCA) section 8(d) Health and Safety Data Reporting Rule that it issued on December 3, 2012. 

cadmium-metal

The health and safety data reporting rule would have required manufacturers (including importers) of cadmium or cadmium compounds— including as part of an article— that have been, or are reasonably likely to be, incorporated into consumer products to report certain unpublished health and safety studies to EPA.

This final rule reversal is effective January 2, 2013.  

[Update Jan. 8, 2013: EPA published the reversal early, in the Dec. 28, 2012 Federal Register. Just FYI.]

Companies directly affected include manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products, says EPA.

Reversing cadmium rule  Since the final rule’s issuance, EPA received many letters, including requests for withdrawal, asking questions and raising concerns about the scope and extent of the immediate final rule. These letters indicate significant confusion and uncertainty about the final rule in certain industrial sectors that are subject to it. 

For example, EPA received comments that the regulatory text did not clearly specify which additional industrial sectors beyond those subject to reporting in § 716.5(a) must report unpublished health and safety studies, as required by § 716.5(b). EPA believes that some of the points raised in the letters are reasonable and warrant additional consideration by the Agency. The comments received by EPA are available in the docket under docket ID number EPA-HQ-OPPT-2011-0363. 

Thus, EPA finds that there is ‘‘good cause’’ under the Administrative Procedure Act to withdraw the final rule without prior notice and comment.

For more, wait for the Federal Register to be published on January 2, 2013.  You can access a pre-publication of the January 2 final rule here.




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