. /.  WORLD TRADE  
ORGANIZATION   
G/TBT/N/USA/694 
16 April 2012  
 (12-1986) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Notifying Member:  UNITED STATES  
If applicable, name of local governme nt involved (Article 3.2 and 7.2):     
2. Agency responsible:  Environmental Protection Agency (EPA) (712) 
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :    
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Chemical substances 
(ICS 13.020, 71.100) 
5. Title, number of pages and langu age(s) of the notified document:  Certain Polybrominated 
Diphenylethers; Significant New Use Rule a nd Test Rule (38 pages, in English) 
6. Description of content:  The Agency is proposing to amend the Toxic Substances Control  
Act (TSCA) section 5(a) Signi ficant New Use Rule (SNUR), for certain polybrominated 
diphenylethers (PBDEs) by: Designating proces sing of six PBDEs, or any combination of 
these chemical substances resulting from a chem ical reaction, as a significant new use; 
designating manufacturing, importing, and processing of a seventh PBDE, 
decabromodiphenyl ether (decaBDE) for any use which is not ongoing after 
31 December 2013, as a significant new use; and making inapplicable th e article exemption 
for SNURs for this action. A person who intend s to import or process any of the seven 
PBDEs included in the proposed SNUR, as part of an article for a significant new use would be required to notify EPA at least 90 days in  advance to ensure that the Agency has an 
opportunity to review and, if ne cessary, restrict or prohibit a new use before it begins. EPA is 
also proposing a test rule under TSCA that w ould require any person who manufactures or 
processes commercial pentabromodiphenyl ether (c-pentaBDE), commercial octabromodiphenyl ether (c-octaBDE), or co mmercial decaBDE (c-decaBDE), including in 
articles, for any use after December 31, 2013, to  conduct testing on thei r effects on healthand 
the environment. EPA is proposing to designate all discontinued uses of PBDEs as significant 
new uses. The test rule would be promulgated if EPA determines that there are persons who 
intend to manufacture, import, or process c- pentaBDE, c-octaBDE, or c-decaBDE, for any 
use, including in articl es, after 31 December 2013. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of the environment and consumers.  G/TBT/N/USA/694 
Page 2  
 
  8. Relevant documents:   77 Federal Register (FR) 1 9862, 2 April 2012; Title 40 Code of 
Federal Regulations (CFR) Parts 721, 795, and 799. Will appear in the Federal Register when 
adopted.   
9. Proposed date of adoption:   
Proposed date of entry into force:    To be determined 
10. Final date for comments:  1 June 2012 
11. Text available from:  National enquiry point [X], or address, telephone and fax 
numbers, e-mail and web-site addres ses, if available of the other body:    
Internet URLs: 
http://www.gpo.gov/fdsys/pkg/ FR-2012-04-02/html/2012-7195.htm  
http://www.gpo.gov/fdsys/pkg/FR-2012-04-02/pdf/2012-7195.pdf