Selected category: Regulation

Getting the framework right for the new TSCA: EDF comments filed on key EPA proposed rules

Richard Denison, Ph.D.is a Lead Senior Scientist.  Lindsay McCormick is a Project Manager.  Jennifer McPartland, Ph.D., is a Senior Scientist.

Environmental Defense Fund (EDF) filed extensive comments yesterday on the Environmental Protection Agency’s (EPA) proposals for the two most central “framework” rules mandated by last year’s Lautenberg Act amendments to the Toxic Substances Control Act (TSCA).

Our comments address these proposed rules:

Both sets of comments address many different provisions of the proposed rules.  EDF indicated our strong support for many aspects of the proposals, but urged changes to a number of provisions that we cannot support as proposed.  In addition, we identified provisions we believe need to be added to EPA’s rules to be consistent with or meet the requirements of the Lautenberg Act.

EDF emphasized how vital it is for EPA to meet its June 22, 2017, statutory deadline for promulgating these rules.  Because they establish processes that will require several years to begin to yield decisions on specific chemicals, delays in promulgating them in final form so that the processes can commence in the timeframe Congress intended will only serve to undermine public confidence in the new law, counter business interests to restore confidence in the chemicals marketplace, and hamper EPA’s ability to carry out its new mandates.  This is especially the case, given EPA’s appropriate recognition in both proposed rules that it will need to initiate measures as soon as possible to ensure that sufficient information will be available to inform prioritization and risk evaluation decisions.

As discussed in more detail in the comments, EDF strongly supports EPA’s decision not to codify specific scientific policies, procedures and guidance in these rules.  To do so would not be consistent with the law and would more generally represent bad policy.  EDF also agreed with EPA’s proposal not to define in its rules complex, science policy-laden terms such as “weight of the scientific evidence,” “best available science,” and “unreasonable risk.”  These concepts are best elaborated on in guidance and policy statements and best understood in the context of specific decisions on chemical substances.

Some other highlights from each set of EDF’s comments follow.   Read More »

Also posted in EPA, Health Policy, TSCA Reform| Tagged , , | Comments are closed

Dad’s lead-laden hair dye could impact the whole family: FDA to consider barring lead compound in widely-used men’s hair dyes

Jack Pratt is Chemicals Campaign Director

Today, EDF joined a group of advocates in filing a petition that could force a ban on lead in hair dyes. Over the last several decades, we have gone to great lengths to reduce lead exposure—from eliminating the use of lead in gasoline, to tackling legacy uses in paint and water pipes. Yet, somewhat incredibly, lead is still permitted in hair dyes in the United States. Unfortunately, the evidence indicates that use can have an impact not only on the men who use it (it is seemingly exclusive to men’s dyes) but can have an impact on kids in the house too. That’s why FDA should take action and reverse their decades-old approval of lead in hair dyes.

Read More »

Also posted in FDA, Health Policy, lead, Uncategorized| Tagged , | Comments are closed

EPA to consider perchlorate risks from degradation of hypochlorite bleach

Tom Neltner, J.D.is Chemicals Policy Director and Maricel Maffini, Ph.D., Consultant

Virtually all types of food contain measurable amounts of perchlorate. Young children are the most highly exposed, and they consume levels that may be unsafe. Reducing exposure to perchlorate is of public health importance because it presents a risk to children’s brain development

One potentially significant source of the toxic chemical in food is hypochlorite bleach that, when not well managed, degrades to perchlorate. Bleach is used to sanitize food manufacturing equipment or to wash or peel fruits and vegetables. Thanks to a recent decision by Environmental Protection Agency’s (EPA) Office of Pesticide Programs, we will better understand the risk posed by perchlorate-contaminated bleach and whether standards are needed to improve the management of bleach.

Reduce perchlorate exposure by improving bleach management

In 2011, an excellent report by the American Water Works Association (AWWA) and the Water Research Foundation documented that hypochlorite bleach degrades into perchlorate. The report also included guidelines on better management of hypochlorite to preserve its effectiveness for drinking water utilities using it to disinfect water.

Most of AWWA’s recommendations are equally relevant to food manufacturers and anyone using bleach to disinfect food contact surfaces. The key recommendations are:

  • Dilute hypochlorite solutions on delivery. Cutting the concentration in half decreases the degradation rate by a factor of 7.
  • Store hypochlorite solutions at lower temperatures. Reducing temperature by 5oC decreases degradation rate by a factor of 2.
  • Keep pH between 11 and 13 even after dilution.
  • Avoid extended storage times, and use fresh hypochlorite solutions when possible.

The objective is not to reduce the use of bleach. Rather it is to preserve its effectiveness by preventing degradation to perchlorate through careful management.

Bleach: a food additive and a pesticide

Read More »

Also posted in Drinking Water, Emerging Science, FDA, Food, perchlorate| Tagged , , , , , , | Comments are closed

Too many young children get too much perchlorate from food

Tom Neltner, J.D.is Chemicals Policy Director and Maricel Maffini, Ph.D., Consultant

On January 9, we described a new Food and Drug Administration (FDA) report showing that perchlorate exposure to infants and toddlers increased 34% and 23% respectively between the years around 2005 and 2010. Young children were the most exposed age groups. FDA compared the exposure to a “safe dose” established in 2005 and saw no cause for concern. We respectfully disagree and find the levels alarming. First, we now know that the 2005 “safe dose” is no longer sufficient to protect children’s brains from the irreversible harm that can result from even transient exposures to perchlorate. Second, many young children may be over the “safe dose.” Read More »

Also posted in Drinking Water, FDA, Food, Health Policy, perchlorate| Tagged , , , , , , , | Comments are closed

California requires replacement of all lead service lines – but vigilance needed on implementation

Tom Neltner, J.D.is Chemicals Policy Director

In 2016, California became the first state in the country to make enforceable commitments to eliminating all lead service lines (LSLs) in the state.  These lead pipes that connect the main under the street to homes are the primary source of lead in drinking water and unpredictably release lead particulate when disturbed.  Under the leadership of Senator Connie Leyva, the state’s Senate voted unanimously, and the Assembly voted 72 to 7 to pass SB1398 to require drinking water utilities to inventory LSLs in use and then provide the State Water Resources Control Board (Water Board) a timeline for replacement of the lines.

Based on a national survey of utilities, the American Water Works Association reported that California has 65,000 LSLs out of 6.1 million nationally.  Large utilities have the most with 46,000 LSLs, medium systems have 4,700 and small systems have 15,000.  However, most utilities do not have an accurate inventory of LSLs, so the true number may be much greater.

California’s SB1398 recognized that an accurate inventory was critical and laid out a thoughtful two-step plan to accomplish the objective of full LSL replacement.  By July 1, 2018, it requires public water systems (PWS) to submit an inventory of known LSLs and a timeline for their replacement.  Two years later, PWSs must submit an updated inventory of LSLs and provide a timeline to replace any service line where it may be made of lead.  The law does not set a deadline for replacement that PWSs must meet.

This two-step approach makes replacing known LSLs the highest priority and, by essentially presuming that a service line is lead unless known otherwise, also creates an incentive for PWSs to develop accurate inventories in the next three years.

Read More »

Also posted in Drinking Water, EPA, lead, States| Tagged , , , , , , , | Comments are closed

On a roll: EPA proposes to ban or restrict two highly toxic paint stripping chemicals

Lindsay McCormick is a Project Manager.  

Yesterday, EPA proposed a rule to ban methylene chloride and either ban or restrict the use of N-methylpyrrolidone in paint stripping products, subject to certain national security exemptions. This proposal is the third such proposed action by the agency in the past month (see here and here). Below, find a short description of these chemicals and EPA’s proposed actions.

Read More »

Also posted in EPA, Health Policy, TSCA Reform| Tagged | Comments are closed
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