Proposed TSCA Significant New Use Rules SNUR

EPA has announced Significant New Use Rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 15 chemical substances, which were the subject of premanufacture notices (PMNs). Three of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. The effective date of this rule is April 2, 2010, unless EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments before March 3, 2010.

This action requires persons who intend to manufacture, import, or process any of these 15 chemical substances for an activity that is designated as a significant new use by the rule to notify EPA at least 90 days before commencing that activity. The notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs before March 3, 2010, EPA will withdraw the relevant sections of the final rule before its effective date. EPA will then issue a proposed SNUR for the chemical substance(s) on which adverse or critical comments were received, providing a 30–day period for public comment.

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Illinois Electronic Products Recycling and Reuse Act

Illinois Environmental Protection Agency has notified computer, television and printer manufacturing companies doing business in Illinois of statewide collection and recycling requirements as they implement recycling programs for excess electronic waste (e-waste). The Illinois Electronic Products Recycling and Reuse Act requires electronic manufacturers and retailers to properly manage discarded and unwanted electronic products, if they sell their products in the state. They must establish a system for recycling and/or reusing computers, monitors, televisions and printers discarded from residences. Beginning January 1, 2012, computers, monitors, televisions and printers will be banned from landfill disposal.

Each year, the Illinois EPA sets a statewide goal for the amount of e-waste that must be recycled and then allocates that goal among electronics manufacturers based on various formulas included in the Act. The statewide recycling goal for 2010 is 31 million pounds of e-waste. Manufacturers are required to pay for e-waste recycling and/or refurbishment up to the amount of their annual goal.

The law does not specify methods for manufacturers to meet these obligations, allowing a free market approach to determine over time the most cost-effective means of annual goal achievement.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
Caltha LLP Website