Jump to main content.


Section 21 Petition

Section 21 of the Toxic Substances Control Act (TSCA) allows citizens to petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under sections 4, 6, or 8 or an order under sections 5(e) or 6(b)(2). A TSCA section 21 petition must set forth facts which the petitioner believes establish the need for the action requested. If EPA grants the petition, the Agency must promptly commence an appropriate proceeding. If EPA denies the petition, the Agency must publish its reasons for the denial in the Federal Register.

EPA received a petition under TSCA section 21 requesting that EPA take regulatory action under TSCA sections 8(a) and 8(d) that could affect the HPV Challenge Program and the HPV test rule. The Agency published a Federal Register notice announcing receipt of the petition, and provided a public comment period (65 FR 2164, January 13, 2000). After consideration of the request and comments received, EPA denied the petition in a letter dated March 30, 2000, which was sent to the petitioners. Subsequently, EPA published a Federal Register notice to publicly announce its decision, and to explain the reasons for its denial (65 FR 18097, April 6, 2000).

On May 30, 2000, certain of the petitioners filed suit in the Federal District Court in Colorado (C.A. 00-D-1090). Under the procedures described in TSCA section 21, if EPA denies a petition, the petitioner(s) may commence a civil action in a district court of the U.S. to compel EPA to initiate the rulemaking requested in the petition. When a petition requests that EPA initiate a rulemaking under TSCA section 8, the petitioner(s) must generally demonstrate to the court that issuance of the TSCA section 8 rule(s) is necessary to protect health or the environment against an unreasonable risk of injury.


  View Download
(PDF format)
Federal Register Notice of Receipt
Bullet
Bullet
Section 21 petition
Bullet
Bullet
Agency Response Letter
Bullet
Bullet
Federal Register Notice of Response
Bullet
Bullet
Court Documents
    Petitioners' Complaint
Bullet
Bullet
    EPA's Answer
Bullet
Bullet

 


Local Navigation


Jump to main content.