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  • Chemical Concerns – Insights on Air Pollution, Public Health, and Chemical Safety

    There’s a vote coming this month you should know about and it doesn’t involve Donald Trump or Hillary Clinton. This month, the International Code Council (ICC) will consider a simple proposal to reduce lead exposures. This admittedly less monumental vote could nonetheless have a significant impact on public health and deserves our attention.

    The proposal before the ICC would change the model building and residential codes to require that contractors present proof of lead-safe certification when they apply to do work on pre-1978 homes. Lead paint was banned in 1978, meaning homes built before that time are significantly more likely to contain lead paint. The certification itself is nothing new, it is already required at a federal level. Yet, most localities do not require any proof of certification when issuing permits to renovate these homes.  Update: ICC’s code officials rejected the proposal. As of Jan. 11, 2017, vote tally is not yet available.

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

    A key reform under the Lautenberg Act is the requirement that the Environmental Protection Agency (EPA) generate an accurate, up-to-date list of all chemicals in active commerce.  This is to be accomplished by promulgating a rule to do a full “reset” of the TSCA Inventory that distinguishes between active and inactive chemicals.  It is necessary because the 85,000 chemicals on that Inventory represent a cumulative listing of all chemicals that have been in commerce at some point since its establishment in 1979, but no doubt includes many that are not now in commerce.

    I have blogged previously about why it is important that EPA and the public know how many and which chemicals are in use today in the U.S.  Among other reasons, it is essential that we understand the magnitude of the task that awaits EPA under the new TSCA, with respect to prioritization, risk evaluation, risk management, and substantiation and review of confidential business information (CBI) claims.  That has implications for the pace of the program and the resources EPA will need to do its job, which extends ultimately to reviewing the safety of all chemicals in commerce.

    EDF provided EPA with our comments on what should be included in EPA’s upcoming rule establishing the Inventory reset.  Unfortunately, comments on that rule received from some in industry indicate that they are seeking to limit the Inventory reset in ways that are not allowed under the new law and are short-sighted or even counterproductive to the purpose of the reset.  I provide a critique here of three of those proposed limitations.   (more…)

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

    When President Obama signed the Lautenberg Act into law in June, it marked the beginning of a new phase in the long battle to improve chemical safety. Much of the success or failure of the new law now hinges on how well it is implemented. There are both a critical need and numerous opportunities for those who have a stake in improving our chemical safety system to engage in shaping how the law will be implemented.

    To that end, EDF has developed an Engagement Guide that provides an overview of some of the key provisions in the Lautenberg Act and associated opportunities for stakeholder engagement, including:

    I hope you find it useful!

    More than two years since a public health disaster hit Flint Michigan, Congress has yet to provide needed assistance. Some on both sides of the aisle are working to advance help for Flint, but the path forward remains unclear, with little time to spare on Congress’ legislative calendar. Congress must not leave town without taking action to help Flint.

    EDF recently joined partners in the environmental community to help support a delegation of community leaders from Flint who came to Washington to lobby for overdue federal aid. Our friends at National Wildlife Federation, along with Sierra Club and many others, helped coordinate an effort to bring these Flint voices to Washington.  The stories from Flint have been well-documented in the press, but to hear them in person is another thing altogether. I am hopeful it had as much of an impact on Capitol Hill as it did those of us who joined their meetings.

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

    Yesterday was the deadline for stakeholders to file written comments on three rules EPA is now developing, as required under the new Toxic Substances Control Act (TSCA as amended by the Lautenberg Act).  EPA is moving quickly to get input on these rules, which it intends to propose in December in order to stay on track to finalize the rules by June of next year, as mandated under the new law.

    The solicitation of written comments follows public meetings EPA held on August 9, 10 and 11 to get input from stakeholders on these rules, at which dozens of stakeholders provided oral comments.  Those meetings were the first EPA public meetings since the Lautenberg Act was signed into law on June 22.

    The three rules (and associated docket numbers) on which EPA solicited comments are:

    EDF filed comments yesterday on all three rules, available here, here and here.

    Several of the key recommendations from each of our comments follow.   (more…)

    Tom Neltner, J.D.is Chemicals Policy Director

    The tragedy in Flint, Michigan has reminded us once again how dependent we are on state and local officials to protect us from hidden threats like lead. In hindsight, anyone with a basic understanding of the role of corrosion control in keeping lead out of the water we drink knows that changing the source of that water, especially to one as corrosive as the Flint River, must be done with extreme care. Based on criminal indictments that have been handed down, the officials ignored the federal regulations designed to prevent such a tragedy.

    State and local building code officials will have a chance this October to show whether they have learned from Flint. As voting members of the International Code Council (ICC), code officials will cast their ballot on a simple proposal that can significantly improve the protections for children from lead hazards. The proposal by the National Center for Healthy Housing (NCHH) would require that any contractor seeking a building permit to conduct renovations in homes built before 1978 be properly certified to ensure that their work leaves behind no dangerous levels of lead contaminated dust. (more…)