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What Is a TSCA Section 21 Petition?

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What Is a TSCA Section 21 Petition?

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Under TSCA section 21 (15 U.S.C. 2620), any person can petition EPA to initiate a rulemaking proceeding for the issuance, amendment, or repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth the facts that are claimed to establish the necessity for the action requested. EPA is required to grant or deny a TSCA section 21 petition within 90 days of its filing. If EPA grants the petition, the Agency must promptly commence an appropriate proceeding. If EPA denies the petition, the Agency must publish its reasons for the denial in the Federal Register. A petitioner may commence a civil action in a U.S. district court to compel initiation of the requested rulemaking proceeding within 60 days of either a denial, or if EPA fails to grant or deny a TSCA section 21 petition, the expiration of the 90day period. B. What Criteria Apply to a Decision on a TSCA Section 21 Petition? The scope of a TSCA section 21 petitio

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