What Happened
On December 23, EPA decided not to initiate rulemaking to ban lead wheel weights, concluding that the risks to children’s health and the environment were insufficient to warrant immediate action. Instead, the agency suggested1 the risks from lead wheel weights should be considered as part of a comprehensive risk evaluation for all lead and lead compounds pursuant to the Toxic Substances Control Act (TSCA), a process that is not scheduled to begin in the near future and likely will take many, many years to complete after it’s started.2
Wheel weights are used to balance tires, preventing uncomfortable vibrations for vehicle occupants and significantly extending the life of the tire and vehicle. However, wheel weights often fall off the tire while driving. They also are removed when the tire is replaced. Since 2009, vehicles produced in North America have been using non-lead wheel weights, generally zinc-coated steel.
Inexplicably, EPA’s action came less than two weeks after CDC’s Lead Exposure Prevention Advisory Committee (LEPAC) adopted a draft report that specifically identified lead wheel weights as an unnecessary use because there were feasible, safer alternatives. EPA’s representative on LEPAC voted for report. See our blog regarding LEPAC’s action.
The report noted that many states have already adopted a ban, and it recommended that the federal government and other states do the same. Among the nine states—California, Illinois, Maine, Maryland, Minnesota, New Jersey, New York, Vermont, and Washington—that already have a ban in place, six have been in effect for more than a dozen years.
In addition, EPA’s analysis3 failed to consider the risks to adults, especially those who handle lead wheel weights in tire repair shops, despite the evidence provided by commenters. The omission is strange because the agency knows how significant the socioeconomic benefits of reducing adult lead exposure can be. To justify two major October rulemakings to reduce lead in drinking water and dust in homes, EPA quantified the risks of death from cardiovascular disease (CVD) and of low birth weights when adults are exposed to lead. The CVD benefits were huge, similar to or greater than the IQ benefits from reducing children’s lead exposure.
Why it Matters
In 2009, in response to a TSCA citizen petition,4 EPA agreed to take action on lead wheel weights, recognizing that state action showed there were safer alternatives, but that a national rule was needed to effectively remove the materials from the market.
In 2014, a Tire Review article said, “Weight manufacturers and distributors alike agree that a complete ban on lead wheel weights would be beneficial to everyone. It would allow producers to focus on making only one product; distributors could reduce their stock levels; and any national companies would have to worry about only one set of laws.” Unfortunately, despite the anticipated benefits, the market has not on its own fully moved away from lead wheel weights.
After 14 years of EPA’s inaction, the petitioners went to court to force EPA to make a decision. As a result, EPA agreed to decide whether to initiate rulemaking to regulate lead wheel weights.
The delay appears to have been costly because the petitioners’ comments showed that EPA’s inaction resulted in significantly greater production of lead wheel weights, reversing years of decline. They also said that:
- The cost of steel wheel weights are roughly the same as lead;
- The world’s largest retailers—Walmart and Amazon—sell lead wheel weights;
- Lead wheel weights are available online, even in states with a ban; and
- 25 million pounds of lead has fallen from vehicles since EPA granted the 2009 petition.
Our Take
For an agency and an Administration clearly committed to protecting people from lead exposure, EPA’s action makes little sense, especially since final action under a TSCA comprehensive review may well be a decade away. EPA’s failure to consider the evidence of adult exposure, especially from people who replace tires and add wheel weights to rebalance the new tire, leaves its decision vulnerable to a legal challenge.
On a personal level, Unleaded Kids’ Tom Neltner recalls many of his pre-teen years spent collecting lead wheel weights that had fallen off car tires and then melting them down into toys—and even gifts for the family. He recalls how hard it was to wipe the gray from his fingers. No telling how much harm he did to himself and others, harm that EPA’s action fails to prevent for others who might have similar hobbies and those who rely on safe environments to earn money.
Next Steps
We encourage the following actions:
- States and communities to consider banning lead wheel weights;
- Consumers to avoid repair shops that use them; and
- Petitioners to consider challenging EPA’s action in court.
- EPA said, “addressing potential remaining exposures from lead continues to be a high priority for EPA, as reflected in EPA’s announcement that “Lead and Lead Compounds” is on its list of candidate chemical substances currently being considered for future prioritization actions under TSCA.” It also said it “may also need to develop a peer-reviewed threshold to determine the level of adult health effects that would be considered unreasonable during the risk evaluation process.” ↩︎
- Specifically, TSCA Section 6(b). On December 18, 2024, EPA designated five petroleum products as high-priority substances for TSCA risk evaluation. Lead and lead compounds are further down the priority list.
↩︎ - See Federal Register notice and supporting technical document. ↩︎
- The petitioners were Ecology Center, Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and Sierra Club. Unleaded Kids’ Tom Neltner, cosigned the 2009 petition on behalf of the Sierra Club, where he was a volunteer on its National Toxics Committee. ↩︎