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 »

Posted in Drinking Water, FDA, Food, Health Policy, perchlorate, Regulation| Tagged , , , , , , , | Comments are closed

A non-estrogenic alternative to Bisphenol A at last?

Cans

A non-estrogenic alternative to Bisphenol A at last?

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

Last week a new study was published showing promising results for a non-estrogenic alternative to polymers based on bisphenol A (BPA) used to line the  inside of food cans.  The paper, in Environmental Science & Technology (ES&T), evaluated the estrogenicity of an alternative to BPA— tetramethyl bisphenol F (TMBPF) — and its final polymer product developed by Valspar, a major paint and resin company. The authors found that, unlike BPA and some of its analogs that have been used as substitutes, TMBPF exhibited no signs of estrogenicity.

This was an unusual paper on a number of fronts—how the material was selected, how it was evaluated and by whom.  In this post I’m going to explore who was involved, what testing was done and what this might mean for the BPA alternatives market.

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Posted in Emerging Science, Health Science, Uncategorized| Tagged , , , | Read 2 Responses

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 »

Posted in Drinking Water, EPA, lead, Regulation, States| Tagged , , , , , , , | Comments are closed

Getting it up front: EPA clarifies substantiation requirements for CBI claims under the new TSCA

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

The Environmental Protection Agency (EPA) is publishing a notice in tomorrow’s Federal Register affirming that the Lautenberg Act requires upfront substantiation of all confidential business information (CBI) claims submitted under the Toxic Substances Control Act (TSCA), except for certain claims that the law exempts from substantiation requirements.

While EPA initially took a narrower approach on an interim basis in the flurry of activity following last June’s passage of the Lautenberg Act, today’s notice supersedes that earlier approach and clarifies the upfront substantiation requirement.

In today’s notice, EPA notes the strong support for its clarification in the statute itself as well as in the legislative history in both Houses of Congress leading up to its final passage.

This clarification hopefully won’t be controversial:  A broad swath of stakeholders have voiced support for the upfront substantiation requirement and have noted that it is a key reform made by the new law.

In November the American Alliance for Innovation (AAI) sent a letter to EPA Administrator McCarthy signed by more than 60 trade associations – including the American Chemistry Council, the Society of Chemical Manufacturers and Affiliates, the American Cleaning Institute, the American Petroleum Institute and the Consumer Specialty Products Association – noting that under the Lautenberg Act “[c]laims for CBI protection must be accompanied by an upfront substantiation.”

And back in 2013, the American Chemistry Council provided responses to questions for the record posed by then-Congressman Henry Waxman that stated that “[i]mprovements to the CBI provisions in a modernized TSCA should include … [r]equiring upfront substantiation of the CBI claim.”  The same response letter noted that:  “The American Chemistry Council and its members support up-front substantiation of CBI claims.”

Importantly, EPA’s notice makes clear that the substantiation requirement applies to all non-exempt CBI claims made since passage of the law last June, although EPA is providing an exceedingly generous length of time for companies to comply.

Given the law’s 90-day deadline for EPA review of CBI claims, there are strong policy reasons for requiring upfront substantiation of CBI claims:

  • First, EPA’s own experience based on recent chemical reporting it has required demonstrates that requiring upfront substantiation reduces the number of CBI claims asserted. That means fewer claims EPA has to review and a greater likelihood that claims are only asserted for information that warrants protection.
  • Second, when those reviews are conducted, EPA will already have the information it needs to review the claim instead of having to request it from the company, wasting precious days or weeks of the 90-day review period.
Posted in EPA, Health Policy, TSCA Reform| 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 »

Posted in EPA, Health Policy, Regulation, TSCA Reform| Tagged | Comments are closed

EPA achieves major TSCA implementation milestone

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

The Environmental Defense Fund applauds the Environmental Protection Agency (EPA) for meeting a major milestone in implementing the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the landmark legislation reforming the Toxic Substances Control Act (TSCA) that passed in June 2016 with overwhelming bipartisan support.

EPA reached this milestone this week when it released proposals for the three foundational rules that the Lautenberg Act mandates be finalized by June of this year, as well as three proposed rules restricting specific high-risk uses of several chemicals.

The management and staff of EPA’s Office of Chemical Safety and Pollution Prevention and Office of General Counsel deserve major kudos for their tireless work over these past seven months to reach this milestone. This should also bring satisfaction to the Members of Congress who authored the Lautenberg Act and included aggressive deadlines as part of the bipartisan effort to reform the law.   Read More »

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