Posting this on both threads because it will likely be the EPA's position for at least a couple of years.The Center for Biological Diversity requested that EPA regulated lead fishing weights under the Toxic substances Control Act. The EPA refused on 14 February as shown below:
After careful review, EPA has determined that, while the petition does provide evidence ofexposure and a risk to waterfowl in some areas ofthe United States, it does not provide a basis for finding that the risk presented is an unreasonable risk for which federal action under section 6(a) of TSCA is necessary to adequately protect against such risks. Accordingly, EPA is denying your request to initiate a proceeding for the issuance of a rulemaking under Section 6(a) of TSCA to adequately protect against risks posed by fishing tackle containing lead of various sizes and uses that are ingested by wildlife.
Your petition does not demonstrate why federal action is necessary given the mix of regulatory and education actions state agencies and the Federal Government already are taking to address the impact of lead fishing tackle on local environments. The risk described in the petition does appear to be more prevalent in some geographic areas than others, and the trend over the past decade has been for increasing state and localized federal activity regarding lead in fishing tackle. The petition does not demonstrate that these state and local efforts are ineffective or have failed to reduce the exposure and risks presented to waterfowl in particular. Therefore, EPA concludes that the petition does not demonstrate that action under TSCA section 6(a) is necessary to adequately protect wildlife. EPA also recognizes that the market for fishing tackle and equipment continues to change and that the prevalence ofnon-lead alternatives in the marketplace continues to increase. In light of these trends, the petition does not demonstrate that rulemaking is necessary under TSCA section 6(a).