March 20, 2012, has issued it's first set of proposed SNURs and a testing rule on articles. [See box on right for your favorite chemical]
Nobody is making these chemicals in the US ("voluntary" ban), but they could come in with imported articles: polybrominated diphenylethers (PBDEs and adding decabrom to the current SNUR on PBDEs), benzidine dyes, a short chain chlorinated paraffin, hexabromocyclododecane (HBCD use in consumer textiles only), and phthalate di-n-pentyl phthalate (DnPP).
The agency is also proposing additional testing on the health and environmental effects of PBDEs if you have existing "ongoing" uses - threatening for the first time that testing will apply to article importers (and anyone still processing inventories of PBDE) as of the date of the final test rule. Yet another incentive to stop using PBDEs.
And don't forget a proposed SNUR triggers export notice under TSCA 12(b).
NEW 6/15/12: The Chemical Users Coalition (CUC) has submitted comments on the need for a framework on covering articles under SNURs, recommending much more targeted approach in rare cases of concern. I agree, but think this should be even broader (especially given TSCA Reform proposals) on how TSCA in general should tackle articles. It's a logistical nightmare of companies who have never dreamed they could be impacted by TSCA and fraught with communication difficulties now surfacing with REACH SVHC and Conflict Minerals. We need a multi-stakeholder discussion of the issues.
Comments are accepted until July 31, 2012.
Contact EHS Strategies, Inc. for help.