Green Buckeye RN EPA Accepts Petition To Ban Cadmium From Toy Jewelry
September 2, 2010, 7:55 am
Filed under: News


Yesterday EPA accepted the petition from Sierra Club and the Empire State Consumers Project to ban cadmium from toy jewelry under TSCA Section 6 if CPSC fails to act.  EPA stated:

“Though it is EPA’s understanding that CPSC is currently developing exposure limits for cadmium in certain children’s products, if CPSC does not act, EPA will initiate a rulemaking under TSCA section 6 as your petition requests. EPA will work closely with CPSC to determine the most effective means for addressing cadmium in toy metal jewelry and other consumer products, and to determine whether action by CPSC should have precedence. It is EPA’s understanding that CPSC’s work to develop exposure limits for cadmium will take more time than is available to EPA under TSCA section 21 . Thus, EPA plans to grant your petition and continue working with CPSC, and to initiate a section 6 rulemaking only if this effort does not result in action by CPSC or if EPA concludes that some form of joint action is appropriate.”

EPA also granted the TSCA 8(d) request to require companies to report positive results for cadmium to EPA.  EPA stated:

“EPA is granting your request that EPA use its authority under section 8( d) of the Toxic Substances Control Act (TSCA) to require reporting by producers, importers, and processors of cadmium and cadmium compounds that are reasonably likely to be incorporated into consumer products. EPA will propose a rule to require the submission of lists and/or copies of ongoing and completed unpublished health and safety studies relevant to the determination on whether a potential hazard exists and whether a product may be a banned hazardous substance as outlined in CPSC guidelines.”

This information will help CPSC get the information it (or EPA) needs to adopt the rules.

Sierra Club and Empire State Consumer Project also submitted the petition to CPSC requesting action.  On August 19, 2010, CPSC requested comments.  Submit comments at on docket number CPSC-2010-0087.


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