EDF Health

Selected tag(s): New chemicals

Righting the ship: A new chance for stronger protections against toxic chemicals

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

In June 2016, Congress passed historic, bipartisan legislation overhauling the Toxic Substances Control Act, the country’s main chemical safety law, to better protect the public from harmful exposure to toxic chemicals. The Trump administration has spent the last four years working to undermine TCSA by driving its implementation dangerously off the rails.

Now, with President-elect Biden set to take the helm in January, there’s a tremendous opportunity not only to repair the damage done by the Trump administration, but also to use the law proactively to ensure that everyone in the country is better protected from hazardous chemicals — with attention to those whose health is most at risk and to communities where exposures are greatest.

Here are five ways to restore sound and legal implementation of the law and strengthen health protections for families across the country.

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Under the Trump EPA, no risk to workers is too high to impede a new chemical’s unfettered entry into the market

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

The Trump EPA’s understating of the risks to workers posed by both existing and new chemicals under the Toxic Substances Control Act (TSCA) has been a frequent topic for this blog.  This disturbing, illegal policy continues unabated and, if anything, has accelerated and expanded to outright dismissal of worker health concerns.

The Trump EPA’s blatant shirking of its clear responsibilities under TSCA to identify and mitigate the serious risks that chemicals present to workers – who are on the front lines of chemical exposures – surely constitutes one of its most egregious failings.

In its reviews of new chemicals, EPA now frequently identifies serious risks to workers that exceed its own risk benchmarks, often many times over.  How great are the exceedances EPA finds and ignores?  Our examination of recent cases, described below, reveals exceedances as high as 25,000-fold.  In other words, EPA has found and then dismissed worker exposures to new chemicals at levels as much as 25,000 times higher than it deems acceptable. That is not a typo:  In a very recent case EPA found a dermal risk of reproductive effects to workers that exceeded its own benchmark by a factor of 25,000.

Any reasonable new chemical review that identified excess risk would then impose conditions blocking or conditioning the market entry of these chemicals in a manner sufficient to mitigate the identified risks.  Indeed, that is exactly what TSCA requires EPA to do.

Instead, the Trump EPA over and over again clears these chemicals entirely, ignoring its own risk findings to assert that the chemicals are “not likely to present unreasonable risk.”  This has now been done for hundreds of new chemicals EPA has reviewed in the past two years.

To illustrate what EPA is doing, we examined the 29 new chemicals EPA found “not likely to present unreasonable risk” (“not likely” determinations) since the beginning of June of this year.  Read More »

Posted in EPA, Health Policy, Industry Influence, Regulation, TSCA Reform, Worker Safety / Tagged | Read 2 Responses

A PSA for the Trump EPA: The chemical industry isn’t your “client” for the new chemicals program

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

[UPDATES ADDED 8-6-20: See insertions of bracketed italicized text below.]

So much for the Trump EPA’s constantly ballyhooed commitment to transparency under TSCA.

I blogged a few short weeks ago about just how brazen EPA officials have become in aligning themselves with the chemical industry when it comes to the agency’s review of companies’ requests to commercialize new chemicals under the Toxic Substances Control Act (TSCA).

Yet it just keeps getting worse.  Read More »

Posted in EPA, Health Policy, Industry Influence, Regulation, TSCA Reform / Also tagged | Comments are closed

5 ways we’re holding the Trump Administration accountable on the TSCA 4-year anniversary

It’s been four years since Congress passed legislation overhauling our chemical safety system to better protect American families. In the time since that bipartisan achievement, the Trump administration has worked to systematically undermine the law and weaken chemical safety.

But we’re not sitting idly by, and we have the law on our side. This year, on the anniversary of the legislation’s passage, we’re highlighting some of the victories we’ve had and ways we’re fighting back to demand EPA protect the American people from harmful chemicals.

1. Winning important legal cases to hold EPA to the letter of the law

Last year, in response to a challenge from EDF, a federal court delivered a strong rebuke to the Trump EPA’s efforts to undermine the public’s right to know about the chemicals in our homes, schools, and workplaces. The ruling on our lawsuit means that companies can’t hide, and EPA must make public, more information about chemicals in use today.

And a ruling last year in a different case – brought by health, labor and environmental groups, including EDF – has already increased pressure on EPA to stop ignoring known sources of exposure to chemicals when assessing their risks. Conducting the comprehensive risk reviews that the law requires is critical to protecting health, especially for vulnerable populations, like children, pregnant women, and fenceline communities.

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Posted in Industry Influence, Public Health, TSCA Reform / Also tagged , | Comments are closed

EPA’s own words reveal what its new chemicals program has become – a captive of industry

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

“The agency’s goal is to allow the commercialization of products,” said EPA associate deputy assistant administrator for new chemicals Lynn Dekleva.

Readers of this blog know that EDF is no fan of how the Trump EPA has implemented – in our view, twisted – the 2016 reforms made to the review process for new chemicals under the Toxic Substances Control Act (TSCA).  Decision after decision over the last 3.5 years under this administration has undercut public health and benefitted industry interests, despite some noble efforts by career staff to chart a better course.  In recent weeks the Trump EPA’s intentions have been even more clearly revealed, thanks to the trade press’s reporting of EPA political appointees’ comments delivered to industry audiences.  That’s what this post is about.  Read More »

Posted in EPA, Health Policy, Industry Influence, Regulation, TSCA Reform, Worker Safety / Tagged | Comments are closed

The Trump EPA’s “Working Approach” to new chemical reviews is only working for the chemical industry

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

On Tuesday EDF filed detailed comments on the Environmental Protection Agency’s (EPA) “Working Approach to Making New Chemical Determinations under TSCA.”

The document is a major disappointment, to say the least.  The Trump EPA has worked very hard to render this long-awaited update of its approach to reviewing new chemicals under TSCA an empty exercise.  Despite Administrator Wheeler’s promises in January 2019 to the contrary:

  • EPA has still failed to provide any legal or scientific justification for its Working Approach.
  • EPA provided no actual response to the many detailed comments it received on its 2017 framework, instead issuing a 1.5-page document that dismisses many of the comments merely as having “stemmed from a misunderstanding of the Agency’s intent.”
  • EPA held a public meeting – but did so without first providing the Working Approach to stakeholders; EPA then limited their comments at the meeting to 2-3 minutes each and ended the meeting well ahead of schedule.
  • EPA’s new framework ignores the earlier comments it received, retaining all of the core flaws of the 2017 Framework and in fact doubling down on several of them.

Most remarkably, EPA seems to want to make clear that the Working Approach is hardly worth the paper on which it is written.  Read More »

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