Friday, August 24, 2012

Plastics Recycling Update Magazine: ISRI objects to new EPA regulations

## ISRI objects to new EPA regulations

_By Jake Thomas , Resource Recycling_

The Institute for Scrap Recycling Industries is raising concerns that new regulations being considered by the U.S. Environmental Protection Agency could severely hobble the recycling of plastics from electronic scrap.

[A proposed rule][1] under the Toxic Substance Control Act would place new regulatory requirements on companies that manufacture, import or process items containing polybrominated diphenyl ethers (PBDEs), a chemical that is used as a flame retardant, common in older computer cases and household electronics, as well as in textiles, wire insulation and automobiles. The EPA is concerned that PBDEs are leaching out of products into the environment, creating a hazard for humans and animals.

Under the proposed regulation, companies intending to import, manufacture or process products containing PBDEs would be required to notify the EPA at least 90 days in advance to ensure that the agency has had the opportunity to review and, if deemed necessary, restrict or prohibit the proposed use of materials containing the chemical. Companies affected by the regulation would also be required to conduct testing on the health and environmental effects of their activities involving the chemical and submit data from the results to the EPA.

"It could impede recycling significantly, based on the criteria of how you're subject to the rule," says David Wagger, director of environmental management for ISRI.

According to Wagger, even cleaning a laptop for reuse could be an activity that falls under the regulation because some laptops contain PBDEs. Companies that refurbish and process electronics for recycling could also be affected, he says.

ISRI's comments on the proposed rule argue that it is contradictory to have policies in place on the federal and state level that encourage the recycling of plastics, electronics and other materials that may contain PBDEs, while also imposing potentially disruptive burdens on this activity.

Arguing that the new requirements "will create unnecessary barriers to recycling, resulting in negative environmental and economic consequences," the comments from ISRI call for an exemption from the regulation for used items containing PBDEs intended for recycling.

"The recycling industry neither manufactured nor added PBDEs to any materials or products, and thus should not bear a regulatory burden because of their presence in the value chain," reads the comments.

The regulations would apply to any company designating or manufacturing items containing PBDE after April 2, 2012, which ISRI's comments refer to as "inappropriate exercise of control by EPA over these recycling markets" that would "freeze" participation.

"Quite frankly we need more recycling not less," says Wagger, who worries that the regulation will prevent new people from entering the industry.

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[1]: http://www.gpo.gov/fdsys/pkg/FR-2012-04-02/html/2012-7195.htm
[2]: http://www.resource-recycling.com/images/e-newsletterimages/EriezPetEddyBanner-PlasticsRec312.jpg (Eriez Banner)
[3]: http://eriez.com/
[4]: http://www.resource-recycling.com/images/e-newsletterimages/Ouseibanner.jpg (OUSEI Banner)
[5]: http://Ousei.jp
[6]: http://www.resource-recycling.com/images/e-newsletterimages/MRP-new-banner-070912.jpg (MRP Banner)
[7]: http://mrpcompany.com/
[8]: http://www.resource-recycling.com/images/e-newsletterimages/PRUe-news082312.html
[9]: http://www.resource-recycling.com/images/e-newsletterimages/ESNe-news082312.html

URL: http://resource-recycling.com/node/3034

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