EPA to Withdraw Controversial TSCA Section 8(d) Rule for Cadmium and Cadmium Compounds

In response to IPC’s advocacy efforts, the U.S. Environmental Protection Agency (EPA) will withdraw a controversial Toxic Substances Control Act (TSCA) rule that would have extended reporting requirements for cadmium or cadmium compounds to those who manufacture or import these substances or products (i.e. “articles). EPA’s actions come on the heels of IPC and several other affected organizations submitting a letter to the agency requesting that the rule be withdrawn. The agency is expected to sign a Federal Register notice announcing this decision no later than January 2, 2013.

The letter, signed by IPC and other associations, highlights how broad the implications of the rule are and that the EPA did not provide the opportunity to comment prior to finalizing the rule. The letter also addressed the ambiguity of the rule and asked the EPA for clarification on several key aspects of the rule. IPC is very pleased the agency listened to our arguments and took the appropriate action by withdrawing the rule.

The rule would have required manufacturers and importers to report unpublished health and safety studies to the EPA when the substances have been or are reasonably likely to be incorporated into consumer products. Since the rule did not include a threshold or de minimus, electronic products would have been subject to the rule even if the level of cadmium or cadmium compounds present in articles meets EU RoHS requirements. More information on the rule can be found at https://blog.ipc.org/2012/12/10/u-s-epa-finalizes-toxic-substances-control-act-tsca-reporting-requirements/

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