Illinois General Assembly - Bill Status for HB2572

Creates the Brominated Flame Retardant Prevention Act. Provides that effective January 1, 2006 a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product containing more than one-tenth of 1% of pentaBDE or octaBDE by mass. Provides that effective January 1, 2008 a person may not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product containing more than one-tenth of 1% of decaBDE. Provides penalties for a violation of the Act.

Provides that the provisions restricting the use of brominated flame retardant do not apply to (1) the sale by a business, charity, or private party of any used product containing PBDE or (2) the manufacture, processing, or distribution in commerce of any new product or product component containing recycled or used materials with decaBDA (provides that products containing any new PBDEs do not qualify for this exemption). Provides that a manufacturer or user of decaBDE may apply for an exemption for a specific use of decaBDE by filing a written petition with the Illinois Environmental Protection Agency and making certain demonstrations; provides that the period of the exemption may not exceed 3 years, but the exemption may be renewed for one additional 3-year term. Provides that nothing in the Brominated Flame Retardant Prevention Act restricts a manufacturer, importer, or distributor from transporting products containing PBDEs through this State or storing PBDEs in this State for further distribution.

Replaces everything after the enacting clause with provisions substantially similar to the introduced version of House Bill 2572, except provides that the provisions restricting the use of brominated flame retardant do not apply to: (1) the sale by a business, charity, or private party of any used product containing PBDE; (2) the distribution in commerce of original equipment manufacturer replacement service parts manufactured prior to the effective date of the Act; or (3) the processing of recycled material containing pentaBDE or octaBDE in compliance with applicable State and federal laws. Deletes language prohibiting a person from manufacturing, processing, or distributing in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1% of decaBDE by mass. Provides that by January 2, 2006, the Illinois Environmental Protection Agency, shall submit to the General Assembly and the Governor a report that reviews the latest available scientific research to address certain issues related to the effects of decaBDE. Provides that by February 28, 2006, the Illinois Department of Public Health, shall submit to the General Assembly and the Governor a report that reviews the Illinois Environmental Protection Agency's decaBDE study. Provides that nothing in the Act restricts a manufacturer, importer, or distributor from transporting products containing PBDEs through this State or storing PBDEs in this State for further distribution. Adds an immediate effective date.

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