EPA Withdraws Rule Regarding Cadmium in Consumer Products
On Friday, December 14th, the United States Environmental Protection Agency (EPA) announced that it will withdraw its recently-published final rule requiring the reporting of unpublished health and safety studies for cadmium and cadmium compounds used in consumer products. The final rule was issued pursuant to Section 8(d) of the Toxic Substances Control Act (TSCA) and appeared in the December 3, 2012 Federal Register (77 Fed. Reg. 71,561). The Agency is withdrawing the rule based on certain comments and questions it received raising concerns about the scope and interpretation of the immediate final rule. As noted in Arnold & Porter's recent advisory, the final rule had a broad scope and would have affected many companies within industry sectors not typically subject to TSCA section 8(d) reporting requirements.
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