SIERRA CLUB PETITION

Current Status

The Sierra Club, the laundry labor union UNITE HERE and several other environmental groups filed a civil action on October 24, 2007 in the US District Court for the Northern District of California challenging EPA's response to the petition they submitted under the Toxic Substances Control Act (TSCA). The petitioners' are seeking to have the courts overturn EPA's denial of the majority of actions sought in their petition, which called for restriction and extensive testing of nonylphenol (NP) and nonylphenol ethoxylates (NPEs). The petition was heavily focused on concerns about the use of NPE-based detergents in the laundry industry.

EPA's response to the petition, which was well grounded on extensive toxicological information, found that NPEs do not represent a risk to human health or the environment under the relevant sections of TSCA. Most importantly, the Agency denied the petitioners' call for restrictions on use or labeling of products that contain NP/NPE. In addition, EPA denied the petitioners' request for six out of seven categories of testing under TSCA Section 4. APERC strongly supports EPA's response; therefore in support of the current uses of NPEs - particularly in laundry applications - has joined the lawsuit as an intervening party.

Currently, the plaintiffs (Sierra Club, etc.), EPA and APERC are in a routine court-mandated mediation, which is intended to seek an efficient and mutually beneficial resolution of the lawsuit. APERC is confident that if the case does proceed to litigation the courts will similarly find that EPA's decision not to initiate regulatory action in these areas was justified by both science and the law.

Previous APERC Statements/Comments on the Sierra Club Petition

Sierra Club Challenges EPA's Response to TSCA Petition - November 23, 2007

EPA Responds to Sierra Petition on Nonylphenol and Nonylphenol Ethoxylates - September 28, 2007

Alkylphenols Industry Opposes Sierra Club Petition - August 7, 2007

Comments of the Alkylphenols & Ethoxylates Research Council on the July 10, 2007 Federal Register Notice Regarding the TSCA Section 21 Petition on Nonylphenol and Nonylphenol Ethoxylates Docket ID Number: EPA-HQ-OPPT-2007-0490 - July 25, 2007                                                                                                                        

 

 

 

 

 

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Last updated: April 23, 2008