WOW.

The EPA is actually following the law.

=====================================

http://www.foxnews.com/politics/2010/08/27/epa-rejects-calls-ban-lead-ammo-fishing-tackle/?test=latestnews
or
http://tinyurl.com/25vel7m

EPA Rejects Calls to Ban Lead in Ammo, Fishing Tackle

Published August 27, 2010

The EPA has denied a petition filed by environmental activists seeking
to ban lead in ammunition and fishing tackle.

The Environmental Protection Agency has denied a petition filed by
environmental activists seeking to ban lead in ammunition and fishing
tackle, saying such regulation is beyond the agency's authority.

The agency's decision, announced Friday shortly after FoxNews.com
published its report on the issue, sided with hunters and fishermen who
had argued that the such regulations weren't allowed under the Toxic
Substances Control Act of 1976.

"EPA is taking action on many fronts to address major sources of lead in
our society, such as eliminating childhood exposures to lead," the
agency said in a written statement. "However, EPA was not and is not
considering taking action on whether the lead content in hunting
ammunition poses an undue threat to wildlife."

A coalition of conservation groups had filed its petition earlier this
month arguing that the use of lead in ammo and tackle is poisoning the
nation's lakes, ponds and forests and asking the EPA to ban the
"manufacture, processing and distribution" of lead shot, bullets and
fishing.

According to the petitioners, who include the Center for Biological
Diversity and the American Bird Conservancy, up to 20 million birds and
other animals are killed each year due to lead poisoning in the United
States, and at least 75 wild bird species -- including bald eagles,
ravens and endangered California condors -- are poisoned by spent lead
ammunition. They say roughly 3,000 tons of lead are expelled into U.S.
hunting grounds annually, with another 80,000 tons released at shooting
ranges, and another 4,000 tons of lead fishing lures and sinkers are
lost in ponds and streams.

At least 75 wild bird species, including the American bald eagle, are
poisoned by spent lead ammunition, conservationists say. Sportsmen,
meanwhile, cite recent statistics indicating that the number of breeding
pairs of bald eagles in the U.S. have increased by more than 700 percent
from 1981 through 2006.

But sportsmen don't want anyone tinkering with the tools of their trade.

The Toxic Substances Control Act allows the EPA to regulate "chemical
substances" under certain circumstances, but Congress explicitly
excluded from regulation any article subject to excise taxes --
including pistols, revolvers, firearms, shells and cartridges.

Chris Cox, executive director of the National Rifle Association's
Institute for Legislative Action, objected to the pettion, saying the
conservationists were trying to circumvent this rule by suggesting that
while ammunition itself is exempt from regulation, the chemical
components of the ammo and fishing lures -- specifically, the lead --
can fall under the EPA's jurisdiction.

But environmental activists like Michael Fry of the American Bird
Conservancy told FoxNews.com that the petitioners waited to submit their
request until nontoxic alternatives such as steel, copper and alloy
became readily available.

"Ammunition itself cannot be regulated [under the Act], but the
components itself can be regulated," Fry said in an interview before the
EPA's decision was announced. "In other words, you cannot ban
ammunition, but you can require nontoxic ammunition. ... We're not
trying to ban handgun ammunition. This is strictly a toxicity issue,
with lead poisoning wildlife."

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