WASHINGTON — The Environmental Protection Agency (EPA) is seeking comment to help it assess whether to draft regulations on the use of lead in wheel-balancing weights.
The EPA is taking action at this time under provisions of the Toxic Substances Control Act (TSCA) and in reaction to petition for a "writ of mandamus" filed in August 2023 by the Ecology Center, Center for Environmental Health, and United Parents Against Lead & Other Environmental Hazards, as well as a request by the Sierra Club in the U.S. Court of Appeals for the Ninth Circuit to direct the EPA to make a rule regulating lead wheel weights.
Comments must be received on or before May 3, the EPA said. Comments need to be submitted through regulations.gov with reference docket identification (ID) number EPA-HQ-OPPT-2024-0085.
The potential regulations also would cover processing (including recycling), distribution in commerce, use and disposal
According to section 21 of the TSCA, citizens are allowed to petition the EPA to issue, amend or repeal a rule. If the EPA grants such a petition, the agency must promptly begin the process.
If the EPA determines that the chemical substance presents an unreasonable risk to human health or the environment, it must "apply one or more of the [TSCA section 6(a)] requirements . . . to the extent necessary so that the chemical substance . . . no longer presents such risk," which may range from prohibiting or otherwise restricting the manufacturing, processing, or distribution in commerce of the chemical substance (or a particular use), to commercial use requirements or disposal restrictions, to labeling and record keeping.
Thus, the EPA is seeking comment and information on specific issues regarding potential exposure to lead in regards to wheel weights, as well as information on substitutes for lead wheel weights.
This information will help the agency determine potential unreasonable risk to human health and the environment from exposure to lead wheel weights. If unreasonable risk is determined, the EPA will initiate a proposed rulemaking to address it.
The issue has been pending since May 2009 when the Sierra Club, Ecology Center, and several other non-governmental organizations submitted a TSCA petition requesting the EPA "establish regulations prohibiting the manufacture, processing, and distribution in commerce of lead wheel balancing weights."
Petitioners raised concerns that lead wheel weights result in pervasive lead exposure to children. The EPA granted the petition in August 2009, but has not issued any regulatory action since.
The Canadian government passed legislation last year to prohibit the manufacture and importation of lead-based wheel balance weights, capping an investigation into the matter that began in 2014.
The new law, which will become enforceable on Feb. 3, 2024, bans the manufacture and importation of wheel balance weights containing more than 0.1% of lead.
The new law is an extension of the Canadian Environmental Protection Act (CEPA) that went into force in 1999. A project looking into the issue since 2014 finally reached approval during the first session of the Canadian 2023 Parliament calendar.
In the U.S., at least nine states — California, Illinois, Maine, Maryland, Minnesota, New York, Vermont and Washington — have bans on lead wheel weights in place.
The EPA identified two dozen industry sectors that potentially could be affected by a ruling:
- Lead ore and zinc ore mining (NAICS code 212231);
- Primary smelting and refining of nonferrous metal (NAICS code 331419);
- Secondary smelting, refining and alloying of nonferrous metal (NAICS code 331492);
- Lead die-castings, unfinished, manufacturing (NAICS code 331523);
- Automobile Mmnufacturing (NAICS code 336111);
- Light truck and utility vehicle manufacturing (NAICS code 336112);
- Heavy-duty truck manufacturing (NAICS code 336120);
- All other motor vehicles parts manufacturing (NAICS code 336399);
- Motorcycle, bicycle and parts manufacturing (NAICS code 336991);
- Automobile and other motor vehicle merchant wholesalers (NAICS code 43110);
- Motor vehicle supplies and new parts merchant wholesalers (NAICS code 423120);
- Tire and tube merchant wholesalers (NAICS code 423130);
- Motor vehicle parts (used) merchant wholesalers (NAICS code 423140);
- New car dealers (NAICS code 441110);
- Used car dealers (NAICS code 441120);
- Recreational Vehicle Dealers (NAICS code 441210);
- Motorcycle, boat and other motor vehicle dealers (NAICS code 441220);
- Automotive parts and accessories stores (NAICS code 441310);
- Tire dealers (NAICS code 441320);
- General automotive repair (NAICS code 811111);
- Other automotive mechanical and electrical repair and maintenance (NAICS code 811118);
- Automotive oil change and lubrication shops (NAICS code 811191); and
- All other automotive repair and maintenance (NAICS code 811198).