Environmental Protection Agency Docket EPA-HQ-OPPT-2024-0085 Proposed Rule

2024-30401: Lead Wheel Weights; Petition for Rulemaking Under the Toxic Substances Control Act (TSCA); Decision Not To Proceed With a Rulemaking

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Summary

The Environmental Protection Agency (EPA or Agency) has decided not to proceed with the development of a regulation addressing the manufacture, processing, or distribution in commerce of lead for wheel-balancing weights ("lead wheel weights") under the Toxic Substances Control Act (TSCA). This action relates to a citizen petition filed with the Agency in 2009 ("2009 petition"). The 2009 petition, which EPA granted, asked EPA to initiate a rulemaking proceeding to regulate the manufacturing, processing, or distribution in commerce of lead wheel weights. In 2023, the same parties filed a petition for a writ of mandamus ("mandamus petition") that sought to compel EPA to initiate the rulemaking proceeding requested in the 2009 petition. After reviewing the information submitted in response to an advance notice of proposed rulemaking (ANPRM) issued in April 2024 and EPA's technical analysis thereof, EPA has decided not to proceed with the development of a proposed rule. Addressing potential remaining exposures from lead continues to be a high priority for EPA, as reflected in EPA's announcement that "Lead and Lead Compounds" is on its list of candidate chemical substances currently being considered for future prioritization actions under TSCA.

The agency’s own summary, as published.

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