I 
111TH CONGRESS 
1ST SESSION H. R. 4394 
To provide for a phased ban on decabrominated diphenylether and mixtures 
or products containing that chemical, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Ms. PINGREE of Maine introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees 
on Foreign Affairs and Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To 
provide 
for 
a 
phased 
ban 
on 
decabrominated 
diphenylether and mixtures or products containing that 
chemical, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Decabromine Elimi-
nation and Control Act of 2009’’. 
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SEC. 2. BAN ON DECABDE, DECABDE MIXTURES, AND 
DECABDE PRODUCTS. 
Beginning January 1, 2013, it shall be unlawful for 
any entity to produce for distribution in commerce, dis-
tribute in commerce, import, or export— 
(1) decaBDE; 
(2) decaBDE mixtures; or 
(3) decaBDE products. 
SEC. 3. PHASING IN OF BAN. 
(a) REPORT
OF
DECABDE ACTIVITY
DURING 
2009.—Not later than 90 days after the date of enactment 
of this Act, each entity who, during 2009, engaged in any 
activity that will be prohibited under paragraph (1) or (2) 
of section 2 shall report to the Administrator of the Envi-
ronmental Protection Agency (hereinafter in this Act re-
ferred to as the ‘‘Administrator’’), in such form and detail 
as the Administrator requires in order to carry out this 
Act, the following: 
(1) Each such activity engaged in with regard 
to decaBDE, including the amount of decaBDE 
used in that activity. 
(2) Each such activity engaged in with regard 
to decaBDE mixtures, including the amount of such 
mixtures used in that activity. 
(b) ESTABLISHMENT OF QUOTAS FOR EACH ENTI-
TY.—Not later than 15 days after receiving a report from 
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an entity under subsection (a), the Administrator shall es-
tablish an annual quota for that entity for each activity 
that entity reports, in accordance with the following: 
(1) For activities with regard to decaBDE, each 
such annual quota shall be equal to the amount of 
decaBDE reported to have been used in that activ-
ity. 
(2) For activities with regard to decaBDE mix-
tures, each such annual quota shall be equal to the 
amount of such mixtures reported to have been used 
in that activity. 
(c) ONLY ENTITIES WITH QUOTAS ABLE TO EN-
GAGE IN ACTIVITIES.—Not later than 90 days after the 
date of enactment of this Act, it shall be unlawful for any 
entity to engage in an activity that will be prohibited 
under paragraph (1) or (2) of section 2 if the Adminis-
trator has not established an annual quota for that entity 
for that activity. 
(d) ANNUAL QUOTAS.—During each year shown on 
the left column of the table below, it shall be unlawful 
for any entity to engage in an activity with regard to an 
amount of decaBDE or decaBDE mixture that exceeds 
the percentage, shown on the right column of the table 
below, of the annual quota established for that entity for 
that activity: 
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2010 .......................................................................
100 percent 
2011 .......................................................................
66 percent 
2012 .......................................................................
33 percent. 
SEC. 4. REPORTING DURING PHASE OUT. 
Beginning on the date that is 1 year after the date 
on which an entity reports an activity under section 3(a), 
that entity shall submit to the Administrator an annual 
report on that activity, in such manner as the Adminis-
trator determines appropriate. 
SEC. 
5. 
DISCLOSURE 
OF 
INFORMATION 
REGARDING 
DECABDE PRODUCTS. 
(a) IN GENERAL.—Beginning on the date of enact-
ment of this Act, any entity that produces for distribution 
in commerce, distributes in commerce, imports, or exports 
decaBDE, decaBDE mixtures, or decaBDE products shall 
disclose to any entity that receives such decaBDE, 
decaBDE mixtures, or decaBDE products that such 
decaBDE, decaBDE mixtures, or decaBDE products con-
tain decaBDE. 
(b) DECABDE PRODUCTS.—Not later than 1 year 
after the date of enactment of this Act, any entity that 
produces for distribution in commerce, distributes in com-
merce, imports, or exports decaBDE products shall dis-
close to the Administrator any articles that contain 
decaBDE. 
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SEC. 6. ENFORCEMENT RELATING TO VIOLATIONS. 
(a) SAME ENFORCEMENT MECHANISM AS USED FOR 
VIOLATIONS OF SECTION 15 OF THE TOXIC SUBSTANCES 
CONTROL ACT.—The same enforcement procedures as 
would apply to a violation of section 15 of the Toxic Sub-
stances Control Act shall apply to each violation of this 
Act. 
(b) RULES.— 
(1) The Administrator shall make rules to en-
force the annual quotas and ban of this Act on the 
production for distribution in commerce, distribution 
in commerce, or importation of decaBDE, decaBDE 
mixtures, or decaBDE products. 
(2) The President shall exercise the authorities 
set forth in section 203 of the International Emer-
gency Economic Powers Act, consistent with the re-
quirements of this Act, to enforce the annual quotas 
and ban of this Act on the exportation of decaBDE, 
decaBDE mixtures, or decaBDE products. 
(c) CITIZENS’ CIVIL ACTIONS.—Any entity may com-
mence a civil action against any other entity that is alleged 
to be in violation of this Act to restrain such violation. 
To the extent practicable, such an action shall be handled 
in the same way as a civil action under section 7002 of 
the Solid Waste Disposal Act. 
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SEC. 7. EXCEPTIONS. 
(a) CRITICAL USES.—A use of decaBDE, decaBDE 
mixtures, or decaBDE products by the Armed Forces or 
the aviation industry shall be exempt from the annual 
quotas or ban imposed by this Act if the Administrator 
determines that there is not a feasible alternative to such 
use. Such exemption shall be for a term of 5 years, and 
the Administrator may renew such exemption only if the 
Administrator determines that there is not a feasible alter-
native to such use at the time of such renewal. 
(b) RECYCLED ARTICLES.—A recycled article that 
contains decaBDE shall be exempt from the annual quotas 
and ban imposed by this Act, unless the Administrator de-
termines by rule that the article poses a threat to public 
health. 
(c) RESOLD ARTICLES.—This Act does not apply 
with regard to a decaBDE product subsequent to its first 
sale at retail. 
(d) LOW CONCENTRATION ARTICLES.—The Adminis-
trator may by rule make exemptions from this Act for arti-
cles that contain decaBDE in concentrations that the Ad-
ministrator determines to be unavoidable due to contami-
nation of the environment by decaBDE. 
SEC. 8. SAFER ALTERNATIVES. 
(a) POLICY.—DecaBDE shall be replaced by safer al-
ternatives. For the purposes of this section, a ‘‘safer alter-
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native’’ means a substitute process, product, material, 
chemical, strategy, or combination of these that serves a 
functionally equivalent purpose to decaBDE that, when 
compared to decaBDE, would reduce the potential for 
harm to human health or the environment. 
(b) REPLACEMENTS.—With regard to a use of 
decaBDE, decaBDE mixtures, or decaBDE products, no 
chemical substance (as defined in section 3(2) of the Toxic 
Substances Control Act), mixture (as defined in section 
3(8) of the Toxic Substances Control Act) containing that 
chemical substance, or article containing that chemical 
substance may be used in lieu thereof if the Administrator 
determines that such chemical substance is a persistent, 
bioaccumulative, and toxic chemical. 
(c) STUDIES
AND NOTIFICATION.—The Adminis-
trator shall require any entity who produces for distribu-
tion in commerce a chemical substance that is a substitute 
for decaBDE to provide the Administrator with all exist-
ing information about the hazard and exposure character-
istics of the chemical substance that— 
(1) is known to, in the possession or control of, 
or reasonably ascertainable by the entity; and 
(2) has not previously been submitted to the 
Administrator. The Administrator shall require any 
such entity to notify the Administrator not less than 
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90 days before new or existing chemicals are intro-
duced into interstate commerce for significant new 
uses as substitutes for decaBDE. 
SEC. 9. REPORT TO CONGRESS. 
The Administrator shall monitor, and, not later than 
December 31, 2014, submit a report to Congress on, the 
production, use, and consumption of decaBDE. Such re-
port shall include data on production, use, and consump-
tion of decaBDE in the United States and on the environ-
mental and economic effects of decaBDE. 
SEC. 10. RELATION TO OTHER LAWS. 
Nothing in this Act affects the right of a State or 
local government to adopt or enforce any regulation, re-
quirement, or liability that is more stringent than a regu-
lation, requirement, or liability established by this Act. 
SEC. 11. DEFINITIONS. 
In this Act: 
(1) 
The 
term 
‘‘decaBDE’’ 
means 
decabromodiphenyl ether, CAS No. 1163–19–5, ei-
ther pure or in commercial mixtures which are pre-
dominantly decabromodiphenyl ether. 
(2) The term ‘‘decaBDE mixture’’ means any 
mixture (as defined in section 3(8) of the Toxic Sub-
stances Control Act) containing decaBDE. 
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(3) The term ‘‘decaBDE product’’ means any 
article containing decaBDE. 
(4) The terms ‘‘distribute in commerce’’ and 
‘‘distribution in commerce’’ have the meanings given 
such terms in section 3(4) of the Toxic Substances 
Control Act. 
(5) The term ‘‘export’’ means to engage in any 
of the actions that the President has authority over 
under section 203 of the International Emergency 
Economic Powers Act. 
(6) The term ‘‘first sale at retail’’ means, with 
regard to an article, the first occasion on which that 
article is sold to an end user. 
Æ 
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