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EPA Rejects Petition to Require Testing of Brominated Flame Retardant

Friday, March 17, 2017
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has rejected a petition filed by various consumer and environmental groups under section 21 of the Toxic Substances Control Act that would have required testing to be conducted by manufacturers (including importers) and processors of tetrabromobisphenol A (TBBPA). This chemical has the highest production volume of any brominated frame retardant and is extensively used in consumer products, including children’s products.

While the EPA agreed with the petitioners that the manufacture, distribution in commerce, processing, use, or disposal of TBBPA may present  an unreasonable risk of injury to health or the environment under TSCA section 4(a)(1)(A), it determined that the petitioners did not demonstrate, for each exposure pathway and hazard endpoint presented in the petition, that the existing information and experience available to the EPA are insufficient to reasonably determine or predict the effects on health or the environment from manufacture, distribution in commerce, processing, use, or disposal of TBBPA (or any combination of such activities), nor that the specific testing they identified is necessary to develop such information.

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