UPDATED AUGUST 29, 2010:

After an outcry from Second Amendment rights groups, the National Shooting Sports Foundation and the National Rifle Association, the Environmental Protection Agency has responded to a group of petitioners that included the Center for Biological Diversity and American Bird Conservancy by rejecting a petition seeking to ban the production and sale of lead ammunition.

According to the Examiner the rejection came because the EPA lacked jurisdiction on the matter, “In rejecting the petition, Steve Owens, EPA assistant administrator for the Office of Chemical Safety and Pollution Prevention claimed that the agency did not have jurisdiction to consider the issue under the Toxic Substances Control Act (TSCA).”

EPA Information Release Follows

EPA Denies Petition Calling for Lead Ammunition Ban

Contact Information: Brendan Gilfillan gi***************@*pa.gov

WASHINGTON – The U.S. Environmental Protection Agency today denied a petition calling for a ban on the production and distribution of lead hunting ammunition. EPA sent a letter to the petitioners explaining the rejection – that letter can be found here: http://www.epa.gov/oppt/chemtest/pubs/sect21.html

Steve Owens, EPA assistant administrator for the Office of Chemical Safety and Pollution Prevention, issued the following statement on the agency’s decision:

“EPA today denied a petition submitted by several outside groups for the agency to implement a ban on the production and distribution of lead hunting ammunition. EPA reached this decision because the agency does not have the legal authority to regulate this type of product under the Toxic Substances Control Act (TSCA) – nor is the agency seeking such authority.

“This petition, which was submitted to EPA at the beginning of this month, is one of hundreds of petitions submitted to EPA by outside groups each year. This petition was filed under TSCA, which requires the agency to review and respond within 90 days.

“EPA is taking action on many fronts to address major sources of lead in our society, such as eliminating childhood exposures to lead; however, EPA was not and is not considering taking action on whether the lead content in hunting ammunition poses an undue threat to wildlife.

“As there are no similar jurisdictional issues relating to the agency’s authority over fishing sinkers, EPA – as required by law – will continue formally reviewing a second part the petition related to lead fishing sinkers.

“Those wishing to comment specifically on the fishing tackle issue can do so by visiting http://www.regulations.gov. EPA will consider comments that are submitted by September 15.”

R286

source: Environmental Protection Agency

ORIGINAL STORY PUBLISHED AUGUST 26, 2010:

A group of petitioners that include the Center for Biological Diversity and American Bird Conservancy have filed a Petition to the Environmental Protection Agency to Ban Lead Shot, Bullets, and Fishing Under the Toxic Substances Control Act.

The EPA will be voting on the rule change on November 1, 2010 with public discussion on the matter taking place between August 3 and October 31.

According the National Shooting Sports Foundation, “If the EPA approves the petition, the result will be a total ban on all ammunition containing lead-core components, including hunting and target-shooting rounds.”

Excerpt from the petition:

Pursuant to the Toxic Substances Control Act (“TSCA”, 15 U.S.C. § 2601 et seq.), Petitioners Center for Biological Diversity, American Bird Conservancy, Association of Avian Veterinarians, Project Gutpile and Public Employees for Environmental Responsibility hereby petition the Environmental Protection Agency (“EPA”) to revise rules governing toxic substances to ban the manufacture, processing and distribution in commerce of lead shot, bullets, and fishing sinkers. Petitioners request that the EPA
consider this rulemaking pursuant to section 6(a) of TSCA.

Based on information extending back to Roman times more than 2,000 years ago, lead has long been identified as a highly toxic substance with lethal properties and numerous pathological effects on living organisms. Health effects from lead exposure can run the gamut from acute, paralytic poisoning and seizures to subtle, long-term mental impairment, miscarriage and impotence. Lead is a cumulative metabolic poison affecting a large number of biological functions including reproduction, growth, development, behavior and survival. Even low levels of exposure to lead can cause neurological damage, and there may be no safe level of lead in the body tissues of fetuses and young. Despite this knowledge, lead continues to be used in manufactured products, many of which are sources of toxic lead exposure to wildlife and to human beings.

Are the petitioners acting out of safety concerns, or is this an attempt to further disarm America’s gun owners?

Hat tip Wheedle