EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride in Domestic Oil Manufacturing

As reported in our February 14, 2025, blog item, on February 11, 2025, community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to the U.S. Environmental Protection Agency (EPA) to prohibit the use of hydrogen fluoride in domestic oil refining “to eliminate the extreme and unreasonable risks this use presents to public health and the environment.” On May 12, 2025, EPA denied the petition, stating that the request to initiate a proceeding for a TSCA Section 6(a) rule is deficient. EPA notes that the releases are described as “catastrophic, accidental, and worst-case scenarios, as well as circumstances involving extreme weather and natural disaster events.” EPA states that it has consistently maintained that “it is not appropriate for a risk evaluation in accordance with TSCA section 6(b) to consider catastrophic or accidental releases, extreme weather events, and natural disasters that do not lead to regular and predictable exposures.” According to EPA, the petition does not establish unreasonable risk under the conditions of use of using and distributing in commerce hydrogen fluoride for domestic refining, and, “[b]y extension, the petition’s claim that governmental authorities and industry programs cannot eliminate such unreasonable risk is moot.” EPA has posted a pre-publication version of a Federal Register notice announcing its decision.