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In June 2015, environmental groups and an association of state solid waste officials sent two petitions asking the EPA to use specific sections of the Toxic Substances Control Act (TSCA) to control emissions of carbon dioxide (CO2) and collect information about mercury in products. The EPA recently denied both petitions (1) because the petitioners did not provide data sufficient to justify the requested action, and (2) because the data being sought by the petitioners are being obtained through other means.
The CO2 petition was from the Center for Biological Diversity and Donn J. Viviani. The petition requested the EPA promulgate a rule under TSCA Section 6 requiring manufacturers and processors to control CO2 emissions because they cause acidification that poses an unreasonable risk by altering ocean chemistry and imperiling important marine ecosystems. And, if the EPA determined that data were insufficient to determine the effects of CO2 on human health and the environment, the petition requested that the Agency use its authority under TSCA Section 4 to fill in the data gaps.
The petition regarding mercury products was from the Natural Resources Defense Council and the Northeast Waste Management Officials’ Association (NEWMOA). The petition requested that the EPA issue a TSCA Section 8(a) rule to require persons who manufacture, process, or import into the United States mercury, mercury compounds, or mercury-added products to keep records and submit information to the EPA about those activities.
Read more here.