H.R.4394 - Decabromine Elimination and Control Act of 2009111th Congress (2009-2010)
Summary: H.R.4394 — 111th Congress (2009-2010)
Introduced in House (12/16/2009)
Decabromine Elimination and Control Act of 2009 - Makes it unlawful, beginning January 1, 2013, to produce for distribution in commerce, distribute in commerce, import, or export decabromodiphenyl ether, CAS No. 1163-19-5, either pure or in commercial mixtures which are predominantly decabromodiphenyl ether (decaBDE) or decaBDE mixtures or products. Phases in such ban through a series of annual quotas through 2012.
Requires each entity that engaged in such decaBDE activities during 2009 to report on them, including the amount of decaBDE and decaBDE mixtures used, and to then report annually.
Requires an entity that engages in decaBDE activities to: (1) disclose to any entity that receives decaBDE, decaBDE mixtures, or decaBDE products that these contain decaBDE; and (2) disclose to the Administrator of the Environmental Protection Agency (EPA) any articles that contain decaBDE.
Applies to violations of this Act the enforcement procedures applicable to violations of the Toxic Substances Control Act (TSCA). Allows citizens' civil actions to restrain violations.
Provides exceptions from the restrictions imposed by this Act relating to critical uses, recycled articles, resale, and low-concentration articles.
States as policy that decaBDE shall be replaced by safer alternatives and prohibits use of any alternative determined to contain a chemical substance that is a persistent, bioaccumulative, and toxic chemical. Directs the Administrator to: (1) require any entity that produces a chemical substance that is a substitute for decaBDE to provide all existing information about the hazard and exposure characteristics of the chemical substance that is known to, in the possession or control of, or reasonably ascertainable by the entity and that has not previously been submitted; and (2) require any such entity to notify the Administrator at least 90 days before new or existing chemicals are introduced into interstate commerce for significant new uses as decaBDE substitutes.