EDF Health

EPA needs to get its SNURs in order under TSCA

Stephanie Schwarz, J.D., is a Legal Fellow.  Richard Denison, Ph.D.is a Lead Senior Scientist.

On Friday EDF submitted comments to EPA on a batch of Significant New Use Rules (SNURs) the Environmental Protection Agency (EPA) published on August 1 pursuant to the Toxic Substances Control Act (TSCA).

The SNURs relate to 145 new chemicals for which EPA had earlier issued consent orders that imposed certain conditions on the substances.  Those consent orders date back to when EPA was still pursuing the development of such orders for many new chemicals it reviewed, and prior to the recent “pivots” it has been making in an effort to avoid issuing orders by circumventing the requirements of the TSCA provisions governing new chemicals.

TSCA anticipates that EPA will promulgate SNURs to follow up on consent orders.  In fact, TSCA section 5(f)(4) requires that when EPA issues an order, EPA must either promulgate a SNUR or provide a statement explaining why EPA is not doing so.  And when EPA does promulgate such a SNUR, the SNUR must “identif[y] as a significant new use any manufacturing, processing, use, distribution in commerce, or disposal of the chemical substance that does not conform to the restrictions imposed by the … order.”

EDF strongly supports EPA’s use of SNURs to follow up on consent orders it issues.  That is because the order only applies to the original company that submitted a premanufacture notice (PMN) to EPA for a new chemical.  A proper SNUR then requires that company or any other company that seeks to deviate from the conditions in the order to first notify EPA, triggering a review of that “significant new use.”

While EDF supports EPA’s issuance of SNURs for these 145 new chemicals, our review of the proposed SNURs raised concerns, prompting us to file “adverse” comments.  Our comments raise two major concerns:

First, EPA has adopted an ad hoc testing policy in the direct final rule that does not comply with the requirements of TSCA, without sufficient explanation, and without providing any notice and opportunity for public comment on the policy. EPA needs to avoid adopting such an ad hoc policy.

Second, as noted above, TSCA (as well as EPA’s longstanding policy) requires SNURs to “conform” to the restrictions in the corresponding orders.  Yet we identified numerous inconsistencies between the orders and SNURs.  EPA must ensure that the final SNURs identify as a significant new use any activity that is not consistent with the restrictions in the corresponding consent orders.

See our comments for details.

NOTE:  EPA had published the SNURs both as a direct final rule and as a proposed rule, noting that if it received any adverse comments, it would withdraw the direct final rule and consider the comments received in the process of finalizing the proposed rule.  We expect EPA will now pursue this course.

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Walmart joins ranks of retailers pulling toxic paint strippers from shelves – when will EPA follow suit?

Sarah Vogel, Ph.D.is Vice-President for Health.

Today, Walmart announced that it will stop selling paint strippers containing methylene chloride or N-methylpyrrolidone (NMP) in stores by February 2019 – making it the first general merchandise retailer to take such action.  Walmart’s announcement follows the strong leadership demonstrated by Lowes, Home Depot, and Sherwin Williams, all of which have committed not to sell methylene chloride- and NMP-based paint stripping products by the end of the year.  Importantly, Walmart’s action goes beyond its U.S. stores, including those in Mexico, Canada, and Central America, as well as their online store.

The announcement signals an important step by Walmart to better protect consumers from dangerous paint strippers. Methylene chloride is highly neurotoxic and acutely lethal. The chemical is responsible for over 50 reported deaths from acute exposure over the last 35 years – though many more likely have gone unreported. NMP is linked to fetal development problems, including low birth weight and birth defects.

EDF has advocated for several years for the Environmental Protection Agency (EPA) to ban both methylene chloride- and NMP-based paint strippers, using its enhanced authority under the reformed Toxic Substance Control Act.  In January 2017, EPA proposed to ban methylene chloride and restrict NMP in paint strippers, but action has stalled under the Trump Administration.  For over a year, the agency made no effort to finalize these actions – even taking steps to delay any progress.

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Also posted in EPA, Health Policy, Markets and Retail, Public Health, TSCA Reform / Tagged , , , , , | Read 1 Response

EDF submits extensive comments critical of EPA OPPT’s TSCA systematic review document

Ryan O’Connell is a High Meadows Fellow; Jennifer McPartland, Ph.D., is a Senior Scientist.

Last night, Environmental Defense Fund (EDF) submitted critical comments on EPA’s Office of Pollution Prevention and Toxics’ (OPPT) “systematic review” document that OPPT is using to evaluate chemicals’ risks under the Toxic Substances Control Act (TSCA).

Systematic review, a hallmark of the clinical sciences, employs structured approaches to identifying, evaluating, and integrating evidence in a manner that promotes scientific rigor, consistency, transparency, objectivity, and reduction of bias.

Unfortunately, OPPT’s systematic review document deviates dramatically from the best practices in systematic review—practices developed over decades based on empirical evidence and experience in application. OPPT’s approach also significantly diverges from recent recommendations of the National Academy of Sciences (see here and here).

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Paint-lead hazard standard – A reconsideration

Tom Neltner, J.D.is Chemicals Policy Director

After 20 years working on lead poisoning prevention, it has become almost second nature for me to object when someone suggests that children eating paint chips is a significant route of exposure. All too often, the claim implies that the blame rests with parents who are not conscientious enough to clean or maintain their home or to properly care for their children. The implication is demeaning to the parents and distracts from the often – invisible lead dust hazards on floors that pose the greatest risk to children. So when I hear that idea, I quickly respond that dust is the key route of exposure.

However, a discussion with Hannah Chang at Earthjustice over my blog on the Environmental Protection Agency’s (EPA) July 2, 2018 proposed rule helped me realize that I was misguided with regards to defining the hazards of lead-based paints. She is the main attorney for the organizations that convinced a panel of judges in the Ninth Circuit Court of Appeals to order the EPA to update its lead-based paint hazard standard.

Hannah Chang told me I missed the most compelling point when I pointed out in my previous blog that “EPA did not appear to have considered HUD’s 2007 American Healthy Housing Survey, which should provide a solid basis for identifying the relationship between lead in paint and lead in dust.”  She was right; my logic was too focused on dust as the primary source of exposure. Here is my reasoning; it may be helpful to those planning to submit comments to EPA by the August 16 deadline on the proposed rule.

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Also posted in EPA, Health Policy, lead, Public Health / Tagged , , | Read 2 Responses

PART 1: EPA rams through its reckless review scheme for new chemicals under TSCA, your health be damned

Richard Denison, Ph.D.is a Lead Senior Scientist.

Part 1               Part 2               Part 3

Overruling the recommendations of its own longtime professional staff, political appointees at EPA have begun green-lighting new chemicals to enter commerce using an approach that shows contempt for the letter and intent of the 2016 reforms to the Toxic Substances Control Act (TSCA).

EDF blogged recently about the new approach and how it drastically deviates from what the law requires.

Now any company will be free to produce, import and use the chemical in any manner it chooses and without any obligation to inform EPA of its activities.

Today EPA posted the first decision made under the new scheme:  It issued a “not likely to present an unreasonable risk” determination for a chemical that, according to its manufacturer International Flavors and Fragrances Inc., is to be imported for use “to reduce malodors.  It will be sold to industrial and commercial customers for their incorporation into industrial, commercial, and household consumer products such as floor cleaners, cat litters, fabric refresher sprays, Etc.”

The “not likely” finding means that International Flavors and Fragrances Inc. can commence manufacture and sale of the chemical, and will not be subject to any conditions or limits.  Once manufacture starts, the chemical will be placed on the TSCA Inventory, and that company or any other will be free to produce, import and use the chemical in any manner it chooses and without any obligation to inform EPA of its activities.   Read More »

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Mandatory lead service line inventories – Illinois and Michigan as strong models

Tom Neltner, J.D.Chemicals Policy Director and Lindsay McCormick, Project Manager

This blog is part of a series focused on how states are handling the essential task of developing inventories of lead service lines (LSLs) and making them public. The first blog identified 14 states that were taking on the issue: four with mandatory programs and ten with voluntary.  In this blog, we explore the four mandatory programs and highlight Illinois and Michigan as strong models for other states to consider. 

Four states – California, Illinois, Michigan and Ohio – require utilities that operate community water systems (CWSs) to identify and report to the state in some form their number of lead service lines (LSLs). Illinois and Michigan both have strong approaches that could serve as models for other states and EPA to require nationally. California’s approach is seriously flawed because it ignores part of the service lines and can be misleading. Ohio requires utilities to either report they have zero LSLs or provide maps where the LSLs are likely to be found, with no requirement to provide an estimated number. We explore all of these approaches below.

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Also posted in Drinking Water, EPA, Health Policy, lead, Public Health, States / Tagged , , , , , , | Comments are closed