Category Archives: Health Policy

6 years in the making: A new and improved snapshot of U.S. chemical manufacture

Richard Denison, Ph.D., is a Senior Scientist.   Alissa Sasso is a Chemicals Policy Fellow.

Well, it’s finally hit the street:  Today, the Environmental Protection Agency (EPA) released information on the manufacture and use of nearly 7,700 industrial chemicals in 2011.  The data were collected last year under a revamped Chemical Data Reporting (CDR) program, and is the first update of such information since way back in 2005, the year of Hurricane Katrina and Star Wars Episode III.

In releasing the data, EPA Administrator Lisa Jackson noted:  “The CDR data also highlight the clear need for TSCA reform. Updating this critical law will ensure that EPA has access to the tools and resources it needs to quickly and effectively assess potentially harmful chemicals, and safeguard the health of families across the country.”

Getting even to this point has been a long and bumpy road.  Just getting from the proposed to a final CDR rule took over 16 months, with EPA having to endure not one but two nearly six-month regulatory reviews by the Office of Management and Budget and the chemical industry’s efforts to delay and dilute the rule.  It then took another year for EPA to collect the data, in no small part thanks to repeated efforts by the chemical industry and its allies in Congress to further delay the program.

Finally, it’s taken EPA six more months to compile and process the data in preparation for today’s release – though that’s a decided improvement over the 21 months it took EPA to release the data collected in the last cycle (the faster pace due in part to a requirement this time around for electronic reporting, a feature the chemical industry and its Congressional allies opposed).

So what do the new data reveal?  EPA has provided some nice summary materials, which we won’t duplicate here.  See especially the table on this page.  We’ll have more to say on this as we further analyze the data, but here are a few important things to note:

  • While 7,674 chemicals were publicly reported, these are limited to those being produced in or imported into the US in 2011 at volumes above the reporting threshold of 25,000 pounds per year per site.
    • The count excludes the likely much larger number of chemicals produced or imported at volumes below the reporting threshold, as well as the many chemicals exempt from reporting, such as most polymers.
  • Nearly 33,000 “records” have been made available by EPA.  Each record represents a single chemical reported by a single site of a company producing or importing that chemical.
    • In contrast to EPA’s reporting in the last cycle, a record for every single chemical-single site combination has been provided even if the information provided in the record is confidential business information (CBI).  In this way, the extent and nature of CBI claims is far clearer than was the case in the last cycle.
  • Extent of CBI claims:  Of all of the reported elements in these records that could potentially have been claimed CBI, about 16% were so claimed.  But that percentage varied a lot among the elements.
    • For 624 records (about 2%), the chemical identity was not provided and instead replaced with a unique identifier called an accession number.  These are new chemicals that are listed on the confidential portion of the TSCA Inventory, which are the only chemicals for which EPA allows chemical identity to be claimed CBI.
    • For 3,420 records (10.4%), the company claimed its identity to be CBI.
    • For 9,686 records (29.4%), the company claimed its domestically manufactured production volume to be CBI.
    • For 10,351 records (31.5%), the company claimed its exported volume to be CBI.

More to come, so stay tuned!

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ECHA raises its sights: Several recent additions to the REACH Candidate List set precedents

Alissa Sasso is a Chemicals Policy Fellow.

The European Union is maintaining a steady pace as it works to address chemicals of concern: Last month, the European Chemicals Agency (ECHA) added 54 Substances of Very High Concern (SVHCs) to the Candidate List for Authorisation under its REACH Regulation, bringing the total number of substances on the list to 138. ECHA posted a press release listing the new SVHCs and describing some of the more interesting additions, which we’ve highlighted below.

For 23 of the additions, REACH’s Member State Committee (MSC) reviewed public comments during the comment period on draft SVHC proposals before voting unanimously to add all of them onto the Candidate List. The other 31 new additions were not challenged during the public comment period, and hence moved directly onto the candidate list without MSC consultation.

The majority of the new SVHCs, like most substances already on the list, are classified as carcinogen, mutagenic and/or toxic to reproduction (CMRs).  But it’s with the other new listings that it gets really interesting.  Read More »

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States act while Congress fiddles

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

Lest anyone thought that efforts by state legislators to protect their citizens from toxic chemical exposures would slacken despite Congress’ inability to take such action, this week’s announcement that legislators in at least 26 states are introducing such bills should dispel that notion.

Safer States, a national coalition of state-based environmental health organizations, notes that “between 2003 and 2011, 19 states adopted 93 chemical safety policies. The majority of legislation passed with healthy bipartisan support – 99% of Democratic legislators and 75% of Republican legislators voted in favor of bills, and both Republican and Democratic governors signed them into law.”

That trend shows no signs of abating in 2013, based on a list of state legislative activities underway, compiled by Safer States (more detail here):  At least 26 states are each to consider multiple legislation and policy changes this year that will:

  • restrict or label the use of bisphenol A (BPA) in receipts, children's products and food packaging;
  • require removal of certain toxic flame retardants from children's products, home furniture or building materials;
  • change disclosure rules so that concerned consumers will have a way to identify toxic chemicals in products;
  • encourage manufacturers to remove identified toxic chemicals in favor of safer alternatives.
  • ban cadmium, a dangerous, persistent metal that is often found in inexpensive children's jewelry;
  • ban formaldehyde from cosmetics and children's products; and
  • promote green cleaning products in schools.

The chemical industry frequently argues it just can’t live with a “patchwork” of requirements that vary from state to state.  But that’s just what it’s creating by dragging its feet on reform of the federal Toxic Substances Control Act (TSCA), which has never been amended since its adoption nearly four decades ago. 

State legislators, like nature, abhor a vacuum.

 

 

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TERA’s Kids+Chemical Safety website: On non-profits, objectivity and independence

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

My recent post about the new American Chemistry Council (ACC)-sponsored website, Kids + Chemical Safety, engendered some comments that go directly to the issues of scientific objectivity and independence.

The website says “TERA [Toxicology Excellence in Risk Assessment, manager of the site] was founded on the belief that an independent non-profit organization can provide a unique function to protect human health by conducting scientific research and development on risk issues in a transparent and collaborative fashion and communicating the results widely.”  The “non-profit” descriptor – which TERA uses to describe itself no fewer than eight times on the site, including four times on this one page alone – seems intended to convey that TERA provides information that is purely objective and that it operates in a manner that is independent of who pays it to do its work.

It’s critical to recognize that being a non-profit does not conflate to, or somehow confer the right to claim, objectivity or independence.  The National Rifle Association is a non-profit that clearly has strongly held and expressed opinions.  EDF is also a non-profit, but I don’t pretend, as does TERA, that we don’t have a particular perspective and position.

So putting the issue of non-profit status entirely aside, we should judge TERA’s claim that its website provides information that is objective and independent based on its content, and that’s where it becomes quite clear that the information is neither.  Read More »

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Chemicals R Us: New ACC-sponsored website says chemicals are safe and fun for kids!

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

[See also my more recent post on this topic here.]

I was alerted yesterday to a new website – kidschemicalsafety.org – funded by the American Chemistry Council (ACC) and run by its right-hand “non-profit,” TERA (Toxicology Excellence in Risk Assessment).  The website and an accompanying Facebook page are a wonder to behold, replete with photos of happy kids.  For the most part, I’ll leave it to you to explore.  But here are a few highlights.  Read More »

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Scientists push back against a bill that would pervert the whole concept of conflict of interest

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

This week, two letters – one signed by 13 prominent public health scientists and the other signed by the heads of 8 major national environmental organizations – were sent to the House Science Committee voicing strong opposition to H.R. 6564, the EPA Science Advisory Board Reform Act of 2012.

The sponsors of this legislation claim that it is needed to “enhance transparency and limit conflicts of interest” on the Environmental Protection Agency’s (EPA) Science Advisory Board (SAB) and its panels.  In fact, it would do the precise opposite.  Here’s how the scientists’ letter summarizes the impacts that would arise from passage of the bill:   

“This proposed legislation would only serve to reverse progress in bringing the best scientific advice and analysis to EPA.  The consequence would be to deprive EPA of needed scientific advice on the most complex and pressing environmental health problems of our day.” 

Among the most perverse provisions of this bill (and there are many) are two that would turn the very notion of conflict of interest on its head.  One would limit scientists that receive competitive grants through EPA’s extramural research program from serving on the SAB or its panels – claiming that such funding constitutes a conflict of interest.  The scientists’ letter goes directly at that provision:

“The underlying idea that scientists who obtain funding from EPA for any project have conflicts about all EPA matters is baseless and reflects a misunderstanding of who we are as scientists and our role in society.”

Another provision is even more perverse:  It would reverse longstanding conflict-of-interest policy and practice followed by virtually every authoritative scientific body in the world – including the National Academy of Sciences, the International Agency for Research on Cancer and the World Health Organization – by allowing unfettered access of industry representatives with direct conflicts of interest to serve on the SAB and its panels, as long as their conflicts are disclosed.

Who’s behind this radical legislation?  Here’s a hint:  The American Chemistry Council (ACC), which represents the chemical manufacturing industry, couldn’t wait to express its unequivocal support, stating it “cannot overstate the importance of this bill to Americans” in a press release titled “House Science Committee Proposes Common Sense Reform To EPA Scientific Advisory Process:  Proposed Legislation Would Improve Expert Panel Selection, Limit Conflicts of Interest and Enhance Systematic Reviews.”  And ACC’s been singing the bill’s praises all over town ever since (see, e.g., slide 6 of this ACC presentation).  Read More »

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Small is beautiful: Polling shows huge bipartisan support for TSCA reform among small business owners

Alissa Sasso is a Chemicals Policy Fellow.

This week, the American Sustainable Business Council released the results of a bipartisan national survey of 511 small business owners conducted by Lake Research Partners and Public Opinion Strategies. The survey showed that small business owners, just like voters, support stronger chemical safety regulations to mitigate the risks posed to human health and the environment by toxic chemicals.

Small business owners are an important part of the discussion on TSCA reform; the chemical industry frequently uses this group as an excuse to oppose tighter regulations, claiming that these regulations are “bad for business” and would detrimentally harm small business owners. In contrast, the survey shows that there is broad consensus among small business owners on the need to ensure the safety of their products and their customers.  Read More »

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EDF comments at EPA's public stakeholder meeting on its IRIS Program

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

I provide in this post the comments I delivered as a panelist at the Environmental Protection Agency's (EPA's) November 13, 2012 Public Stakeholder Meeting on its Integrated Risk Information System (IRIS) program.  EPA describes IRIS as "a human health assessment program that evaluates information on health effects that may result from exposure to environmental contaminants."

 

The theme of my comments today is the critical need to restore balance to the IRIS program.  In my view, the program’s structure and practice have over time tilted badly toward allowing one set of interests and desirable attributes of chemical assessments to wholly dominate over another, equally critical set.  Let me explain.  Read More »

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No way to treat our kids: Formaldehyde, flame retardants and other toxics exceed safe levels in air and dust in day care centers

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

A study conducted by the State of California [Update 10-26-12:  The study was funded by the California Air Resources Board and conducted by Asa Bradman and colleagues at the Center for Environmental Research and Children’s Health at UC Berkeley] – described as “the first comprehensive study in child care centers to measure a broad spectrum of pollutants including many volatile organic chemicals, particles, and pesticides, and emerging pollutants such as flame retardants, phthalates and perfluorinated compounds” – has routinely detected dozens of these toxic contaminants in the air or floor dust present in such facilities. 

Some of the key findings include the following:

  • “Formaldehyde levels in 87% of the facilities exceeded the California acute and chronic reference exposure guideline levels for non-cancer health effects such as respiratory and sensory irritation (e.g. eyes, nose, throat, and lungs).”
  • “In most facilities, levels of formaldehyde, acetaldehyde, chloroform, benzene, or ethylbenzene exceeded child-specific Safe Harbor Levels computed by the report authors based on Proposition 65 guidelines for carcinogens.”  [These are levels calculated to result in a cancer risk of at least 1 per 100,000 people.]
  • “Phthalates, flame retardants, pesticides, perfluorinated compounds, and lead were also frequently detected in dust and/or air.”
  • “Child dose estimates from ingestion of dust for two brominated flame retardants (BDE-47 and -99) exceeded the non-cancer U.S. EPA reference health dose (RfD) in 10.3% of facilities for children < 1 year old.”
  • “Two VOCs commonly found in cleaners and personal care products, d-limonene and decamethylcyclopentasiloxane, had the highest concentrations compared to other chemical groups.”

The presumed sources of most if not all of these chemicals are everyday materials and products used to construct, furnish or clean these facilities.  Formaldehyde, for example, is used in hundreds of materials and products, including furniture, wood products, carpeting, paints, and household cleaning products.  California took action in 2007 to limit is use in pressed wood products, and Congress passed a law in 2010 to do the same.  (Unfortunately, the proposed regulations needed to implement the federal law – which Congress mandated be in place by January 1, 2013 – are stuck in regulatory review limbo at the Office of Management and Budget (OMB):  The proposed regulations were sent by EPA to OMB’s Office of Information and Regulatory Affairs (OIRA) more than 170 days ago, on May 5 of this year, but remain under “pending review” by OIRA despite the requirement for OIRA to complete its reviews within 90 days.)

The larger problem exposed by the California study demands, of course, a far more comprehensive solution – TSCA reform.

 

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Despite TSCA-like law, there is movement down under on chemical safety

Alissa Sasso is a Chemicals Policy Fellow.

Australia’s chemical law, dating back to 1989, in many ways resembles the U.S. Toxic Substances Control Act of 1976 (TSCA).   Australia, however, has begun taking steps to address tens of thousands of existing chemicals at a scale that has not been taken in the U.S.  These steps come in the wake of government and stakeholder recognition that Australia’s TSCA-like approach to chemicals management is inadequate and in need of revision.  Read More »

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