CBIC Control Number 

# 357345 <<ch:rVEQ OPPT CBIC 

## 2013 DEC 13 PM3

: 52

Kirsten Hesla Chemical Control Division Office of Pollution Prevention &Toxics Hesla.Kirsten@eoa.Qov 

### VIA HANDDELIVERY OPPT Document Control Office (DCO) EPAEast Bldg., Rm

. 6428 1201 Constitution Ave. N .W . Washington, DC

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## EPA DEC 17 2013 DOCKET CENTER

Attention: Docket IDNumber EPA-HQ-OPPT-2010-1039 RE: Existing and continuing uses of decabromodiphenyl ether Dear Ms. Hesla: Veyance Technologies, Inc. 703 S . Cleveland Massillon Rd Fairlawn, 011 44333 Ph(330)664-7000 wJn.CoodYeareG

.cnm " Scanned &P'ocess~eON 

### CISbY~SHA

As you requested, Veyance Technologies, Inc. ("Veyance") is providing information on its use of decabromodiphenyl ether ("decaBDE," CASRN 1163-19-5), in conjunction with the significant new

use rule ("SNUR") and test rule proposed by EPA on April 2, 2012 (77 Fed. Reg. 19861) . Veyance appreciates you contacting us about this and providing the opportunity for comment. We first state the ongoing use of decaBDE that should be included in the final SNUR rule, and then provide additional information concerning this use . Ongoing Use of decaBDE Veyance manufactures and sells industrial power transmission products; heavy-duty and lightweight conveyor belts, hydraulics, rubber track; and automotive and heavy-duty truck belts, hose, tensioners, and air springs. As we have discussed, Veyance processes decaBDE into some rubber blends used to make industrial conveyor belts. These belts are used for mining in applications where fire resistance is required by the Mine Safety and Health Administration ("MSHA") . We therefore request that the final SNURrecognize the following ongoing use : Use of decaBDE in select rubber blends for the manufacture of heavy conveyer belts used in mining that are subject to Mine Safety and Health Administration fire resistance requirements. P 

## , 

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Letter to Kirsten Hesla, EPA December 13, 2013 Page 2of 4 

### Purpose ofthe decaBDE Use MSHAregulations require that conveyor belts used in underground coal mines must be flame resistant. 30 CFR Part 14 and §785.1108. These regulations implement Section 11 of the Mine Improvement and New Emergency Response Act of 2006 and were promulgated to prevent conveyor belt fires and in turn reduce injuries and deaths associated with fires in the conveyor belt entry.1 The fire resistance of the conveyor belt both reduces the likelihood of fire and increases escape time in the event of a fire. Source, Processing, and Ouantity of Use Veyance purchases the decaBDE froma domestic supplier who in turns obtains the decaBDE fromChina. The amount purchased is on the order of 40,000pounds per year. The decaBDE is mixed into rubber blends formulated according to customer requirements. The amount of decaBDE in the blend is approximately 4to 8 percent by weight, with a maximum of 5.8 percent by volume. The rubber blends are processed through some combination of milling, extruding, calendaring, rolling and/or curing, depending on the needed product characteristics. In the final conveyor belt, the overall decaBDE content is about 1 .4% . 

### Potential Exposure and Worker Protection The greatest amount of potential exposure occurs when decaBDE is poured fromthe paper bags in which it is received onto charge belts for the rubber blending. Workers wear particulate dust masks during this operation. Dust in the vicinity of mix locations is also controlled with negative pressure dust collection systems with fabric filtration. After incorporation into the rubber blend, the potential for exposure is minimal, as decaBDE is a solid with a melting temperature of 294 degrees Celsius and boiling point of 425 degrees Celsius. Gloves are provided to employees in all areas, and face shields and masks are provided in repair areas where grinding is done. Disposal In the rubber blending operation, waste rubber containing decaBDE is recycled back into the decaBDE rubber blends. From the conveyor belt production operation, approximately 2000 pounds per years of trimand scrap (mostly cured) is landfilled, and uncured rubber, off-spec belts, and cured belt ends containing a few hundred pounds of decaBDE are recycled within the Veyance facility. See Regulatory Economic Analysis For Flame-Resistant Conveyor Belt, Fire Prevention And Detection, And Use OfAir FromThe Belt Entry, Final Rule, RIM1219-AB59, U.S. Department of Labor, Mine Safety and Health Administration, Office of Standards, Regulations, and Variances (December 2008), http ://www .msha.gov/REGS/REA/E8-30639.udf. "From 1980 to 2007, there were 65 reportable conveyor belt entry fires. These fires caused more than two dozen injuries and three deaths." Id

. at 1 .p. 3

Letter to Kirsten Hesla, EPA December 13, 2013 Page 3 of 4 Substitutes Veyance has been in the process ofseeking alternative flame retardants that will still enable the conveyor belts to meet MSHA requirements for flame resistance. Acceptable substitutes identified to date are subject to existing SNURs, creating implementation barriers. 

### In the proposed SNUR, EPA requested comments on the following:

EPAis projecting c-decaBDE will no longer be available and that processors will discontinue their activities by December 31, 2013. Should EPAassume that processors will continue their activities beyond that date? For example, should EPA assume that processors will continue their activities for 6 months after manufacture of decaBDE ceases? Should EPA designate processing of decaBDE after June 30, 2014, or some other date, a significant new

use? and EPArequests comment on whether the proposed significant new uses are ongoing and will still be ongoing after December 31, 2013. 

### 77 Fed. Reg. at 19880

. Because Veyance has not yet identified a suitable decaBDE substitute for the mining conveyor belts, it will continue this use after December 31, 2013. Veyance will continue its work to develop alternative formulations. A date ofJune 30, 2014 to designate processing of decaBDE as a significant new

use would increase the likelihood that an alternative will be found by the time ofthat designation. 

### Test rule Apart fromthe issue ofthe effective date for designating processing of decaBDE as a significant new use, is the issue of the effective date for the test rule, if EPA decides to finalize the proposed test rule. The testing proposed by EPAis extensive and would be very costly. Thus, if the test rule effective date occurs before a suitable alternative is found, there would be strong incentive to stop import and processing ofdecaBDE with no alternative in place, which could have adverse and unintended knock-on effects for production of MSHA-compliant conveyor belts. We therefore urge that EPA not finalize the test date before June 30, 2014, and that it remain in communication with Veyance on this issue.p. 4

Letter to Kirsten Hesla, EPA December 13, 2013 Page 4of4 Thank you again for the opportunity to informyou of our ongoing use ofdecaBDE. Ifyou have any questions or need further information, do not hesitate to contact me at 330-664-7242 or Patrick Barrett(~a,Veyance .com. 

### Sincerely, Patrick Barrett Director, Global EHS 

## A. V4, .~

cc: Sheila Schiffman, General Counsel Terry Bruni, VP of Operations Dave Maguire, VP ofTechnology