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EPA Denies Petition that Sought a Ban on Lead in Fishing GearWASHINGTON – The U.S. Environmental Protection Agency (EPA) has denied a petition calling for a ban on the manufacture, use and processing of lead in fishing gear.In a letter to the petitioners, EPA indicated that the petitioners have not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the Toxic Substances Control Act (TSCA). The letter further indicates that the increasing number of limitations on the use of lead fishing gear on some federal and state lands, as well as various education and outreach activities, call into question whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as called for under TSCA. EPAs letter also notes that the prevalence of non-lead alternatives in the marketplace continues to increase.On August 3, 2010, the American Bird Conservancy and a number of other groups petitioned EPA under Section 21 of the Toxic Substances Control Act to “prohibit the manufacture, processing, and distribution in commerce of lead for shot, bullets, and fishing sinkers.” On August 27, 2010, EPA denied the portion of the petition relating to lead in ammunition because the agency does not have the legal authority to regulate this type of product under TSCA.View the EPA letter and additional information: http://www.epa.gov/opptintr/chemtest/pubs/sect21.htmlLast edited by jpeiserich on November 5th, 2010, 9:17 pm, edited 1 time in total.
Thanks for putting up the real time link to the EPA information JP.
I think they dropped it because of pressure from the election. It was bad timing.Lead is considered a toxic substance. I predict it will be back.The energy secretary has declared carbon a “pollutant” (even though without carbon no life form on earth would exist).By making these declorations, carbon, lead, etc, regulating agencys can bypass congressional legislation.As the subject said: “EPA Denies Petition”.Who is the EPA???
Your right Swanson, just a political delay and the fight will be later depending on the political current or undertow at any time as to when.
As a retired Fed I will say this about the subject. Banning something is one thing; enforcing the ban is another. To get to the level of an angler would cost more money in enforcement than will be allowed. In this economy and the probable Govt austerity coming, enforcement of non-critical bans will take a back seat. JMO
LOZman, a good many who visit here are departmental Federal folks and not just teacher or military associated government, so no disrespect in this next position. Then on another side there are some extremely bright individuals who are members of the “Family” and express themselves here as well, ranging from various Doctorates to Attorneys, Physicists, self made multiple millionaires and more. Some are actually those Govt. Agency associates who make some decisions such as this here. Also income ranges from minimum hourly wages up on this board. BCB had a documented higher income and education than do competitive companies, in the last study, per registered new boat owner. So you guys are smart and make more, and we are stepping out on this thread in no way to challenge those more intelligent than ourselves. The issue is not about enforcement, though as tswanson points out in his “Who is the EPA” question, it is much more in depth. Under tswansons position or question the issue Or situation is that the EPA should be a regulatory agency and is an arm or our government, which is by and for the people. Somewhere this becomes about representation and regulation without that, defined today by those agencies as a bureaucracy acting without our representation (Legislative), and becoming self mandated instead of committee or voted upon bills by our elected representation. As the EPA should be under that authority and thus is also an extension of yourself, or we are the EPA. This is where the Washington or DC bubble effect becomes an issue. The concern this week in businesses and spoken about in the media, after last Tuesday, is these agencies now will be leveraged by the Oval Office to self regulate. As since Congress has lost that sweeping Super Majority, they will be unable to pass legislation desired by the Administration. Thus they are expecting more pressure top down to make the undesirable changes without Congressional action. This is done through those departmental agencies writing their own regulations, under the auspicity of their abilities, to exercise these as a matter of record in the “Federal Registry”. Which is a process most citizens have no understanding of and must then be challenged through litigation in Federal Court and defeated, or only through departmental revocation, or Congressional action can it be reversed.Thus the “Who is the EPA” question and we hope this question is answered as the EPA is us, and represents the majority wishes and desires we have as citizens of these United States. Instead of a singular factions wish list grantor or decider of what is best for us without action by that representation, or then there may be another cleansing in Washington and across the USA. Which there probably will be until everyone figures out we need to quit writing most law and start deciding which ones we have and then to enforce, administer, or fix, those regulations we have. Off soap box now…Last edited by Bass Cat Boats on November 7th, 2010, 7:09 am, edited 1 time in total.
BCB, I understand your concerns in this political environment. I was an intelligence guy, not at a regulatory agency. If I am reading your post correctly, you feel congress will not be able to control regulations made by the different agencies and will be bypassed. As someone who had to go on the Hill and justify funding, you learn who controls the purse strings. If congress does not approve of something, its funding will be cut, committeed, shunted, or over sighted till the regulation or agency is ineffective. Funding is congress hammer. Enforcement costs money and is part of my feeling that enforcement may be difficult. The new congress will have different committee chairmen than the current congress. All kinds of oversight at many levels in congress. But, oversight only works if they care about the issue.Guess I should have expanded my thoughts in my earlier post. You are correct that I do not understand regulatory process. There are many ways to stop things in Govt. You just have to find the correct people and get their interest.
So much for the Tenth Amendment and States Rights. Just as BCB was explaining about the DC Bubble it seems that some people have forgotton the purpose behind the Tenth Amendment and its deliniation of States Rights was in fact to mitigate issues like the DC Bubble to ensure the Republic was truly a representative body of the people and not a group of elected dictators telling the people what they can and cannot do. Im military from Arizona and the most irkful thing I saw this year was people from other states (California most specifically) chiming in about wanting to stop SB1070 (The States immigration enforcement act that was more restrictive on LE than the Federal Statute on the same topic). Weird tangent, but the point is that the EPA should be regulatory to ensure theres no abuse or irresponsible handling of industrial materials as during the end of the 19th and beginning of the 20th century. Sometimes as tswanson said, they go way beyond their bounds because they have an agenda, of which I dont pretend to know what it is, it could be they feel that the general public is ignorant and need to be treated like children. Overall though, I think we all can agree that the best conservationists in the world are outdoor sportsmen like ourselves. No one elses Life, Liberty, or Persuit of Happiness is affected more than ours when ecosystems go down. I will say if a real study that can be proven not to have a political agenda can conclusively say that the small amount of lead we use is harming our most used ecosystems, I will start paying more for tungsten. Untill then, sometimes soft lead just rocks.- Chaz
The big target of the lead ban was ammo.Tungsten bullets would be very expensive, if you could own them. They would be considered armor piercing and I am sure there would be laws on the way against owing armor piercing ammo (even though a .44 mag handgun will penetrate 7.62 ceramic plate armor).Federal agencies have the dangerous potential of implementing non-accountable work around policies that can directly hamper constitutional rights. It this case the 2nd amendment. You can own a firearm, but not the ammo. Lead banned by the EPA.Brilliant move if they pull it off.
Not brilliant swanson, criminal was more the thought we had. Actually alienating our constitutional rights. Though the lead ban for baits we feel was a back door to get bullets as that lead ammo agenda got shot down. Though there is more to all of this than we can write here and it goes way deeper than lead.LOZ, we are also not questioning anyones knowledge, so please dont take that wrong. Though we do feel it is easier to just not have this similar type of legislation or regulations than have a concern on what gets enforced and doesnt. If it becomes a regulation or law, then it will eventually be enforced somewhere by someone. If they dont fund it, someone may eventually and the poor legislation or authority exists. BCB
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