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Section 21 Petitions Filed with EPA Since September 2007
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- Lead Dust Hazard Standard and Definition of Lead-based Paint
- Lead Wheel Weights
- Formaldehyde
- Natural Rubber Latex Adhesives
- Air Fresheners
Lead Dust Hazard Standard and Definition of Lead-based Paint
On August 10, 2009, EPA received a TSCA section 21 and Administrative Procedures Act (APA) petition requesting the Agency to lower lead dust hazard standards and modify the definition of lead-based paint in its regulations promulgated under sections 401 and 403 of the Toxic Substances Control Act (TSCA). Specifically, petitioners are requesting that EPA:
Lower dust lead hazard standards at 40 CFR 745.65(b), 40 CFR 745.227(e)(8)(viii), and 40 CFR 745.227(h)(3)(i) from 40 micrograms of lead per square foot of surface area (µg/ft2) to 10 µg/ft2 or less for floors and from 250 µg/ft2 to 100 µg /ft2 or less for window sills.
Modify the definition of lead-based paint in 40 CFR 745.103 and 745.223 for previously applied paint or other surface coatings in housing, child-occupied facilities, public building and commercial buildings to reduce the lead levels from 0.5 percent by weight (5,000 parts per million (ppm)) to 0.06 percent by weight (600 ppm) with a corresponding reduction in the 1.0 milligram per square centimeter standard.
The petition was filed by the National Center for Healthy Housing, the Alliance for Healthy Homes, the Sierra Club and others. Read the petition (PDF) (8 pp, 127K). Read the Federal Register Notice on EPA's receipt of the petition (PDF) (3 pp, 56K).
On October 22, 2009, EPA responded to the petition, and agreed to revisit the current lead dust hazards standard and to work with the U.S. Department of Housing and Urban Development (HUD) to modify the definition of lead-based paint in its regulations. Read the Agency's response (PDF) (2 pp, 482K).
Lead Wheel Weights
On August 26, 2009, EPA announced that it will grant a petition to initiate regulatory action to address lead hazards associated with the manufacture, processing, and distribution in commerce of lead wheel balancing weights ("wheel weights"). Read EPA's response to the petitioners (PDF) (1 pp, 297K).
The Sierra Club, the Ecology Center and others filed the petition on May 29, 2009. Read the petition (PDF) (4 pp, 278K). The petition incorporates by reference a similar 2005 petition by the Ecology Center, which was denied.
Lead is highly toxic, especially to young children, and recent data shows that even very low levels of lead are associated with decreased intelligence, impaired neurobehavioral development, and behavioral effects. According to a U.S. Geological Survey study in 2003, 65,000 tons of lead wheel weights were in use in the United States and approximately 2,000 tons of these weights were lost from vehicles into the environment. Voluntary actions on the part of U.S. auto manufactures and an European Union ban on their use has reduced the number of lead wheel weights, but they continue to be the predominate product in the tire replacement market.
FormaldehydeIn response to the review of TSCA section 21 citizens' petition (PDF) (106 pp, 4.4MB). EPA has launched a broad effort to gain a greater scientific understanding of the potential health risks of formaldehyde's use in pressed wood products.
Natural Rubber Latex Adhesives
On June 3, 2006, EPA denied a petition filed under section 21 of TSCA to establish regulations prohibiting the use of some natural rubber latex adhesives.
On March 6, 2008, Michael J. Dochniak filed a section 21 petition with EPA requesting the Agency establish regulations prohibiting the use and distribution in commerce of Hevea brasiliensis natural rubber latex adhesives with a total protein content greater than 200 micrograms per [gram] dry weight of latex based on the American Society for Testing Materials method ASTM D1076-06 (Category 4). The petitioner said he thinks that issuance of such a regulation will affect the incidence and prevalence of latex allergy and allergy-induced autism in neonates. EPA denied the petitioner's request, however, as unsupported and unnecessary.
Read the petition (PDF) (8 pp, 147K) and the decision in the June 9, 2008, Federal Register. Exhibits to the petition can be viewed in the docket (EPA-OPPT-2008-0273) at http://www.regulations.gov.
Air Fresheners
On September 20, 2007, the Sierra Club, the National Center for Healthy Housing, the Alliance for Healthy Homes, and the Natural Resources Defense Council filed a TSCA section 21 petition with EPA requesting that EPA:
- Require manufacturers to submit to EPA allegations of adverse reactions related to air freshener products recorded by manufacturers and processors pursuant to TSCA Section 8(c) and 40 CFR Part 717;
- Adopt a rule pursuant to TSCA Section 8(d) to require submittal of health and safety studies related to air fresheners;
- Adopt a rule pursuant to TSCA Section 4 to require manufacturers to conduct acute and chronic studies to evaluate the impact of air fresheners on human health; and
- Adopt a rule pursuant to TSCA Section 6 to require that air fresheners be labeled to identify their ingredients.
On December 18, 2007, in letters to the petitioners (PDF) (4 pp, 1.8MB), EPA dismissed the petitioners' first request under TSCA section 8(c) because it did not involve a proceeding for a rule, and denied the petitioners' other three requests as unsupported and unnecessary.
Read the petition (PDF) (10 pp, 175K). Read the decision in the December 21, 2007, Federal Register.
Additional Action Related to Air Fresheners
EPA sent letters to seven companies that produce air fresheners (PDF) (14 pp, 9.9MB) asking them to voluntarily submit certain production and ingredient information to EPA by March 31, 2008. On March 24, 2008, EPA granted the companies a 45 day extension (PDF) (2 pp, 78K) until May 15, 2008. The following responses (PDF) (72 pp, 16.8MB), submitted by the manufacturers to EPA, are available to the public.
Read more information about TSCA section 21.