Category Archives: TSCA

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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Still looking for a moment of truth from ACC

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

We’ve blogged here recently about how the American Chemistry Council (ACC) is seeking to hide the truth about the major changes made to the Safe Chemicals Act.  And about its efforts to suppress the truth about chemicals linked to cancer.  But its tenuous relationship with the truth doesn’t end there.  Read More »

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Repost: The new Safe Chemicals Act fulfills every detail of ACC’s 10 “Principles for Modernizing TSCA”

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

[NOTE:  I am reposting this piece, given that it was first posted during the dog days of August and I don't want those interested to have missed it in digging out from time away from the office.  If you have an interest in understanding just how much the Safe Chemicals Act has changed to account for earlier industry concerns, please take the time to look at the analysis I've done comparing the bill to ACC's TSCA Principles.]

You wouldn’t know it from listening to the American Chemistry Council (ACC) talk about the Safe Chemicals Act, but the new and improved version of the bill that was passed out of the Senate Environment & Public Works Committee on July 25 closely mirrors every detail of ACC’s 10 “Principles for Modernizing TSCA.”.

Those principles, issued in August of 2009, represent a key reference point given that they are virtually the only somewhat detailed public articulation by ACC of its substantive position on TSCA reform, one to which ACC continues to refer today.  In describing its principles, ACC says they “create a roadmap to a modern chemical regulatory system that will protect public health and the environment, while preserving the ability of American chemical companies to drive innovation, grow jobs, and compete in the global marketplace.”

ACC indicated in its statement on the revised bill that it only conducted a “cursory review” of the bill language, which perhaps explains why it got even some basics wrong.  One example:  ACC claims “[t]he bill would also dramatically increase the time it would take for the Environmental Protection Agency (EPA) to review new chemicals.”  In fact, the revised bill retains the 90-day review period for new chemicals operable under current TSCA.

So how does the bill stack up against ACC’s 10 Principles for TSCA Modernization?  Read More »

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The new Safe Chemicals Act fulfills every detail of ACC’s 10 “Principles for Modernizing TSCA”

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

You wouldn’t know it from listening to the American Chemistry Council (ACC) talk about the Safe Chemicals Act, but the new and improved version of the bill that was passed out of the Senate Environment & Public Works Committee on July 25 closely mirrors every detail of ACC’s 10 “Principles for Modernizing TSCA.”.

Those principles, issued in August of 2009, represent a key reference point given that they are virtually the only somewhat detailed public articulation by ACC of its substantive position on TSCA reform, one to which ACC continues to refer today.  In describing its principles, ACC says they “create a roadmap to a modern chemical regulatory system that will protect public health and the environment, while preserving the ability of American chemical companies to drive innovation, grow jobs, and compete in the global marketplace.”

ACC indicated in its statement on the revised bill that it only conducted a “cursory review” of the bill language, which perhaps explains why it got even some basics wrong.  One example:  ACC claims “[t]he bill would also dramatically increase the time it would take for the Environmental Protection Agency (EPA) to review new chemicals.”  In fact, the revised bill retains the 90-day review period for new chemicals operable under current TSCA.

So how does the bill stack up against ACC’s 10 Principles for TSCA Modernization?  Read More »

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Doing its best under a flawed law: 35 groups file comments supporting EPA efforts to reduce exposure to toxic flame retardants

Jennifer McPartland, Ph.D., is a Health Scientist. Richard Denison, Ph.D., is a Senior Scientist.

Today Environmental Defense Fund and Earthjustice, joined by 33 other health and environmental groups, filed comments that urge the U.S. Environmental Protection Agency (EPA) to swiftly move forward with two proposed actions to regulate a group of toxic flame retardants called PBDEs (polybrominated diphenyl ethers). 

The first proposed rule would require anyone intending to begin production, processing or import of any PBDE, or a product containing one, to notify EPA before doing so.  This would give the agency an opportunity to evaluate the risks of the proposed activity and if necessary take action to restrict or prohibit it.  The second proposed rule would require anyone who continues after 2013 to produce, process or import any PBDE, or a product containing one, to conduct extensive tests needed to allow EPA to determine the risks posed by those ongoing activities.   Read More »

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If you can’t say anything nice …

Richard Denison, Ph.D., is a Senior Scientist.  EDF intern Lydia Kaprelian assisted with the analysis of trade association statements reported in this post.

In response to last week’s noteworthy mark-up of the Safe Chemicals Act, six major trade associations issued statements commenting on the event (see links at the end of this post).  I was struck by the broad spectrum of reaction and decided to do a little analysis.  I counted up the number of positive and negative comments or items noted in each statement about the bill, and then plotted them on a graph, along with the percentage of all comments in each statement that were negative.  Here’s how it looks:

The first thing that jumps out is how much of an outlier the American Chemistry Council (ACC) is, way off there on the lower right of the chart all by itself.  Talk about extreme (the word ACC President and CEO Cal Dooley used to describe the Safe Chemicals Act; subscription required).  Despite the fact that the bill was heavily rewritten to accommodate industry concerns, ACC couldn’t find a single positive thing to say about it, but really piled on with the negatives.  Do ACC member companies really want to be in that extreme of a position in this debate?  Read More »

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Resources for today's historic markup of the Safe Chemicals Act

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

Today's the day:  At or about 10 am EDT this morning, the Senate Environment and Public Works Committee will take up a major amendment offered by Senator Lautenberg to his Safe Chemicals Act, which would for the first time overhaul the Toxic Substances Control Act (TSCA).

[UPDATE Wednesday afternoon:  The EPW Committee voted 10-8 to pass the amended Safe Chemicals Act!!]

Here are some things that should help you to make sense of it all.

I hope these links help you to tune in or otherwise follow today's events.

 

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A pivotal moment for TSCA reform

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

We have reached a pivotal moment in the quest for meaningful reform of the Toxic Substances Control Act (TSCA):  On Wednesday the Senate Environment and Public Works Committee will mark up a new and improved version of the Safe Chemicals Act.  To my knowledge, this will be the first time a vote has been taken in the U.S. Congress to amend the basic provisions of TSCA since its passage in 1976.

The markup will come after today’s oversight hearing in the same committee spurred by a set of events that couldn’t provide a better poster child for why this law needs so badly to be overhauled:  An exposé published in the Chicago Tribune on the massive use in everyday household items of a set of flame retardant chemicals that were grandfathered in under TSCA 36 years ago along with more than 60,000 others.  Their safety was never required to be determined, let alone established – yet we now know these toxic chemicals not only do not serve their claimed purpose, but are so persistent in the environment and build up in people such that every American – including newborn babies – carries them in our bodies.

While we still have quite a ways to go to achieve real and lasting TSCA reform, the new language represents real progress toward the “sweet spot” – striking the right balance between the dual needs of ensuring vital public health protections, sustaining the economic health of the chemical industry and spurring it to innovate toward safer chemicals.  Any objective reader of the new language will see, for example, that it better tailors and paces information requirements, ensures speed to market for new chemicals, and enhances protection of companies’ proprietary interests in chemicals they develop.

The changes reflect the sustained efforts of a group of diverse stakeholders who dedicated themselves over the last many months to seek out common ground and to provide substantive input on the legislation, often in the face of considerable opposition.  Relative to the introduced version of the Safe Chemicals Act of 2011, major sections have been completely rewritten to address key concerns heard from all stakeholders, including those not willing to come to the table.

While further progress is needed, the changes being made to the legislation are direct and tangible evidence of the fact that when stakeholders positively engage in the legislative process, the result is an improved bill.

EDF and the Safer Chemicals Healthy Families coalition stand committed to continuing to work after Wednesday’s markup with all parties willing to engage with us in good faith toward finding more common ground.  This week in particular, it is vital that those who have sought out such common ground stand behind the progress made to date and make clear they are committed to taking this forward.

 

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More evidence that protecting Americans from toxic chemicals is not a partisan issue

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

Another encouraging sign emerged today that efforts to ensure the chemicals we all encounter every day are safe need not fall into the partisan food fight that seems to consume so much of Washington, DC these days:  A bipartisan group of 26 Senators — more than a quarter of the U.S. Senate — has sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson in support of actions EPA is taking to limit Americans' exposure to a class of very toxic chemicals widely used for decades as flame retardants in furniture, electronics and even childrens' products.

The chemicals in question have gained even greater notoriety in recent months after an in-depth investigation published in the Chicago Tribune exposed a coordinated campaign of deception by the chemical and tobacco industries to hide the truth about these toxic chemicals.

The Senators' letter urges EPA to pursue a variety of actions on these chemicals, including to finalize proposed notification and testing rules — now undergoing public comment — as quickly as possible.  But the Senators also call attention to the severe limits on EPA's authority under the Toxic Substances Control Act (TSCA), and they urge prompt action to reform TSCA:

"While we commend the EPA for taking steps to address PBDEs, it is concerning that the agency must undertake lengthy rulemaking processes merely to secure additional health and safety data on a chemical of concern and to receive notifications regarding expansions of its uses.  Further, EPA is not evaluating steps to actually restrict existing unsafe production and uses of these toxic flame retardants.  This reinforces why there is broad agreement that TSCA must be reformed to protect American families from dangerous chemicals in a cost-effective way and we urge you to continue to work with Congress to enact consensus reforms."

The letter's signatories are as follows:

Frank Lautenberg (D-NJ), Olympia Snowe (R-ME), Dick Durbin (D-IL), Lisa Murkowski (R-AK), Chuck Schumer (D-NY), Susan Collins (R-ME), Ron Wyden (D-OR), Bernie Sanders (I-VT), Richard Blumenthal (D-CT), Al Franken (D-MN), Joe Lieberman (I-CT), Patrick Leahy (D-VT), Tom Harkin (D-IA), Dianne Feinstein (D-CA), Sheldon Whitehouse (D-RI), Kirsten Gillibrand (D-NY), Jeff Merkley (D-OR), Jon Tester (D-MT), Jack Reed (D-RI), Tom Udall (D-NM), John Kerry (D-MA), Amy Klobuchar (D-MN), Maria Cantwell (D-WA), Sherrod Brown (D-OH), Daniel Akaka (D-HI), and Michael Bennet (D-CO).

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