EDF Health

House leadership asks White House to scrap IUR enhancements: Where are ACC’s principles now?

By / Published: April 5, 2011

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

[Update:  Here are links to the Chairmen’s news release and letter to OMB.]

E&E News is reporting (subscription required) that House Energy & Commerce Committee Chairman Fred Upton has called on the White House to scrap the Environmental Protection Agency’s (EPA) soon-to-be-issued enhancements to the only routine reporting system for chemicals across the entire federal government.

The final EPA rule would expand EPA’s Inventory Update Reporting (IUR), which requires periodic reporting of chemicals subject to the Toxic Substances Control Act (TSCA).  The rule was sent to the Office of Management and Budget (OMB) on January 20 and is awaiting approval.

Chairman Upton’s move, in the form of a letter to OMB Director Jacob Lew cosigned by Environment and Economy Subcommittee Chairman John Shimkus, follows closely on the chemical industry’s loud complaints about the rule late last month at the GlobalChem conference, cosponsored by the American Chemistry Council (ACC) and the Society of Chemical Manufacturers and Affiliates (SOCMA).  What gives?  Read More »

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EPA’s right-to-know effort declassifies the chemicals in 42 health and safety studies

By / Published: March 24, 2011

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

EPA has just released today the full versions — showing the identities of the chemicals in question — of 41 “substantial risk” notices of health and safety studies it had previously received from companies that had denied the public’s right to know those identities by claiming them to be confidential business information (CBI).  These notices had been submitted pursuant to Section 8(e) of the Toxic Substances Control Act (TSCA).  One additional notice of a health and safety study that EPA had received under Section 8(d) of TSCA was also released today with its chemical identified.

What’s most significant about today’s posting is that it makes publicly available the identities of chemicals associated with health and safety data that:

  1. the submitting companies themselves believed the data “reasonably supports the conclusion that [the chemical] presents a substantial risk of injury to health or the environment;” and
  2. should have been publicly available all along, based on the plain language of TSCA that disallows health and safety studies to be claimed CBI in the first place.

Read More »

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ACC endorses cumulative impact assessment for all TSCA regulations!

By / Published: March 14, 2011

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

In what seemed a startling move, the American Chemistry Council (ACC) last week gave testimony at a Congressional hearing that included a full-throated endorsement of mandating that EPA be required to assess cumulative impacts when developing regulations addressing chemicals under the Toxic Substances Control Act (TSCA).

The call for cumulative impact assessment was a contentious element in last year’s debate over the safety standard that would apply to chemicals under a reformed TSCA.  Reform advocates supported assessing such impacts where the science allows, while ACC had staunchly opposed the concept.  The need to account for cumulative impacts is also a key recommendation of the National Academy of Sciences, in its recent reports Science and Decisions:  Advancing Risk Assessment (2009) and Phthalates and Cumulative Risk Assessment:  The Tasks Ahead (2008).

Ah, but the devil is indeed in the details:  ACC’s apparent change of heart is no such thing.  Rather, ACC is endorsing a step that would make it even harder for EPA to act to control dangerous chemicals under TSCA, namely that the agency would have to consider the cumulative impact of all prior regulations affecting a given industry before it could propose a  new one.  Read More »

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Memo to ACC et al.: What’s said in Maryland doesn’t stay in Maryland

By / Published: March 10, 2011

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

It’s only a little more than 30 miles from Washington, DC to Annapolis, the Capitol of the State of Maryland.  But to judge from testimony given there on February 24 and March 1 by representatives of the chemical, formulated products and food industries, you’d think Annapolis existed in a parallel universe, with only a passing resemblance to the one in DC.

The occasions were hearings on companion bills introduced into the Maryland State Senate, SB 637, and the State House of Delegates, HB 759, titled the “Healthy Kids, Healthy Maryland – Toxic Chemical Identification and Reduction.”

Actually, the industry associations’ testimonies suggest either of two alternative universes.  In one of them, Maryland should do nothing to address dangerous chemical exposures because the federal Toxic Substances Control Act (TSCA) and other related laws are working quite well, thank you very much.  Residing in this parallel universe are the American Chemistry Council (ACC), the American Cleaning Institute (ACI, until recently the more accurately named Soap and Detergent Association), the Maryland Industrial Technology Alliance and the Consumer Specialty Products Association (CSPA).

In the other parallel universe, Maryland should do nothing to address dangerous chemical exposures because it will only get in the way of TSCA reform, which is just around the corner.  Inhabiting this alternative universe are the Grocery Manufacturers Association (GMA), the Can Manufacturers Institute, and yes – as another indication that it just can’t quite make up its mind about TSCA reform – once again, the American Chemistry Council.  Read More »

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A modest proposal: ACC should support and defend President’s proposed budget increase for EPA chemical safety efforts

By / Published: February 15, 2011

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

President Obama unveiled his FY2012 budget yesterday, and the news was rather bleak for EPA:  a proposed 13% decrease.  But one bright spot was a proposed $16.1 million boost in funding for EPA’s chemicals management efforts using its current limited authorities under the Toxic Substances Control Act (TSCA).

That additional funding, according to EPA, is to be directed at activities to further “reduce chemical risks, increase the pace of chemical hazard assessments, and provide the public with greater access to chemical information so they can make better informed decisions about their health.  Learning more about these chemicals will help protect Americans from potential threats to their health.”

What is perhaps most refreshing is EPA’s rationale for its proposal to maintain and enhance its renewed focus on chemical safety (see pages 55-56 of this EPA budget summary):

Chemicals are often released into the environment as a result of their manufacture, processing, use, and disposal. Research shows that children are getting steady infusions of industrial chemicals before they even are given solid food. Other vulnerable groups, including low-income, minority, and indigenous populations, may also be disproportionately impacted by and thus particularly at risk from chemical exposure.

So, what would the money go to, and how will the chemical industry respond?  Read More »

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EPA’s TSCA CBI policy change yields first increment in restoring public’s chemical right-to-know

By / Published: February 10, 2011

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

The number 14 is getting to be kind of a magic number when it comes to EPA policy and practice relating to confidential business information (CBI) under the Toxic Substances Control Act (TSCA).

I reported earlier that it had been longstanding EPA practice to allow the vast majority of CBI claims made for data submitted by industry under TSCA to stand indefinitely without any review.  In fact, EPA reported in 2005 that it reviewed an average of only 14 – yes, that’s 14 – CBI claims per year out of the thousands of such claims asserted.

But today the number 14 took on a more positive, if still a bit faint, tint:  That’s the number of chemicals the identities of which EPA announced it will soon reveal in association with data it has received that “reasonably supports the conclusion that [the chemical] presents a substantial risk of injury to health or the environment.” While we’ll have to wait another month, and possibly more, to see the chemicals and their associated risk data, these chemicals represent the first installment in what I hope will become a steady flow arising from EPA’s new policy to review, challenge and likely deny CBI claims that seek to mask the names of chemicals that are the subjects of health and safety studies required to be submitted to the Agency. Read More »

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