Turn to the nation's most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental...
The International Cadmium Association asked the Environmental Protection Agency Dec. 6 to withdraw or stay a final data-collection rule for cadmium and cadmium compounds or to extend the deadline for companies to seek exclusions for some compounds covered by the regulation.
The association sent a letter to Wendy Cleland-Hamnett, director of EPA's Office of Pollution Prevention and Toxics, asking the agency to withdraw or stay the final data-collection rule EPA published Dec. 3 (77 Fed. Reg. 71,561).
Barring either option, the association asked OPPT to extend the deadline by which parties can object to the inclusion of cadmium or its compounds in the final rule.
If the agency declines all three requests, the cadmium association asked EPA to “assure that adequate program personnel and legal counsel will be available during the holidays to evaluate the many requests for withdrawal that will be submitted, and to draft ... additional notices that will be needed to provide proper relief.”
The agency provided only 16 days between the Dec. 3 publication of the final rule--which triggered a Dec. 17 deadline to request exclusions--and Jan. 2, 2013, the effective date of the rule, the association said.
The rule requires manufacturers and importers of cadmium or cadmium compounds--including those used as part of a finished good--to provide unpublished health and safety data to EPA if the metal or final product in which it was used is going to be or was “reasonably likely to be incorporated into consumer products.” The rule was first released online Nov. 20 (36 CRR 1255, 11/26/12).
An attorney predicted the rule's broad scope would raise objections such as those voiced in the cadmium association's letter. Such objections include the association's concern that affected parties did not have an opportunity to offer their suggestions because the final rule was published without notice and without the prior opportunity to comment (36 CRR 1256, 11/26/12).
The regulation's reporting requirements “may extend to virtually every company that imports or assembles electronic components,” the association wrote.
It is not reasonable to assume companies could file their exclusion requests for cadmium or cadmium compounds by Dec. 17 and for EPA to consider and resolve all serious questions before the regulation's effective date, the association said.
By Pat Rizzuto
EPA's final rule and the docket to which parties can submit exclusion requests is available at http://www.gpo.gov/fdsys/pkg/FR-2012-12-03/pdf/2012-28840.pdf.
The International Cadmium Association's letter is available at http://op.bna.com/env.nsf/r?Open=aada-92rpp6.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)