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EPA Denies TSCA Section 21 Petition on Lead in Toys

August 14, 2006

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On July 27, 2006, the EPA announced its decision to deny the Toxic Substances Control Act (TSCA) Section 21 petition submitted on April 21, 2006, by the Sierra Club. The Sierra Club petitioned the EPA to:
  1. Require TSCA Section 8(d) health and safety data reporting;
  2. Submit a report to the Consumer Product Safety Commission (CPSC) under TSCA Section 9;
  3. Issue a significant new use rule pursuant to TSCA Section 5(a); and
  4. Issue quality control orders under TSCA Section 6(b).

The EPA denied the petition stating that it did not believe TSCA Section 6(b) was an appropriate tool to address risks associated with lead in toys. Instead, the agency is “working in coordination with CPSC to understand the scope of the problem.” The EPA concluded that Section 8(d) was not appropriate as extensive information on lead already exists and thus use of this provision now would not prove helpful. Finally, the agency concluded that TSCA Sections 5(a) and 9 are not petitionable under TSCA Section 21.



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