The Environmental Protection Agency has issued a final rule, effective August 14, 2006, which constitutes a significant new use rule under the Toxic Substances Control Act for the following polybrominated diphenyl ethers (PBDEs).

• Tetrabromodiphenyl ether (CAS No. 40088-47-9; Benzene, 1,1'-oxybis-, tetrabromo derivative)

• Pentabromodiphenyl ether (CAS No. 32534-81-9; Benzene, 1,1'-oxybis-, pentabromo derivative)

• Hexabromodiphenyl ether (CAS No. 36483-60-0; Benzene, 1,1'-oxybis-, hexabromo derivative)

• Heptabromodiphenyl ether (CAS No. 68928-80-3; Benzene, 1,1'-oxybis-, heptabromo derivative)

• Octabromodiphenyl ether (CAS No. 32536-52-0; Benzene, 1,1'-oxybis-, octabromo derivative)

• Nonabromodiphenyl ether (CAS No. 63936-56-1; Benzene, pentabromo (tetrabromophenoxy))

• Any combination of these substances resulting from a chemical reaction

This rule requires importers and manufacturers to notify EPA at least 90 days before commencing the import or manufacture of any one or more of these chemical substances.

In addition, any of these substances are subject to the export notification provisions of TSCA and must comply with the export notification requirements in 40 CFR 721.20.

The EPA notes that while the mechanisms or pathways by which PBDEs move into and through the environment and humans are not fully understood, they are likely to include releases from the manufacture of chemicals, manufacture of products like plastics or textiles, the aging and wear of products like sofas and electronics, and releases at the end of product’s life cycle (disposal, recycling).