JASON J. CZARNEZKI

Various environmental groups filed a Petition requesting that the EPA ban lead shot, bullets, and fishing sinkers under the Toxic Substances Control Act (TSCA).  On August 27th, in this Letter, EPA denied the portion of the Petition related to lead shot because the EPA argues it lacks authority to regulate lead shot and bullets due to the exemption in TSCA sec. 3(2)(b)(v), which exempts “any article the sale of which is subject to the tax imposed by section 4181 of the Internal Revenue Code of 1954.”  That section of the tax code refers to pistols, revolvers, firearms, shells and cartridges.  Other items are also exempt from TSCA when they are the subject of other federal statutory jurisdiction like the Federal Insecticide, Fungicide, and Rodenticide Act, and the Food, Drug, and Cosmetic Act.  However, the EPA may still regulate fishing tackle and are taking comment on this issue.  See here and here.