EDF Health

State authorities weigh in on Senate and House TSCA reform bills

By / Published: February 9, 2016

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

In recent weeks, two documents have been released by state government officials and organizations that take a deep dive into those aspects of the Senate and House bills to reform the Toxic Substances Control Act (TSCA) most relevant to them.  The documents explicitly point to specific provisions in one or both bills that are preferred or opposed.

The bills the documents compare are the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), passed by the full Senate on December 17, 2015; and the TSCA Modernization Act of 2015 (H.R. 2576), passed by the House of Representatives on June 23, 2015.

Here are the documents:

  • Environmental Council of the States (ECOS): An 11-page table dated January 7, 2016 posted in the “Featured” section of ECOS’ home page provides a side-by-side comparison of the two bills, focused mainly but not exclusively on state-federal relationship issues.  (Note that the preamble to the table indicates it does not represent a formal consensus, and many of the indications of preferences begin with a qualifier such as “Many states believe … .”)
  • 12 State AGs letter: A 7-page letter dated January 19, 2016 signed by the Attorneys General of 12 states (MA, CA, HI, IA, ME, MD, NH, NY, OR, RI, VT and WA) to the relevant Senate and House committee Chairmen and Ranking Members sets forth principles for state-federal relationships under TSCA reform and provides recommendations for reconciling those provisions of the Senate and House bills.

Both documents are well worth reading in their entireties.  To help me understand them, I have developed the table below that lists each specific provision identified in these documents for which a preference or opposition has been expressed or is readily discernible with respect to the Senate or House bill.   Read More »

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EPA simply must do better on transparency and chemical data access

By / Published: February 2, 2016

Richard Denison, Ph.D., is a Lead Senior Scientist.  Lindsay McCormick is a Research Analyst.

[This is Part Two of a two-part series.  Here is a link to Part One.]

Under this Administration, EPA has taken some significant steps toward reversing decades of passivity and secretive practices that evolved under the Toxic Substances Control Act (TSCA) when it came to transparency in decision-making and providing access to chemical information it obtains or develops.

Several initiatives undertaken through what EPA originally termed its enhanced chemicals management program have developed and laid out clearer policies and procedures in areas such as:  chemical prioritization (leading to its Work Plan Chemicals Program); enforcing limits on and reviewing confidential business information (CBI) claims asserted by industry (leading to its declassification of hundreds of previously hidden chemical identities and health and safety studies that companies had illegitimately claimed confidential or no longer merited protection from disclosure, but that EPA had not bothered to review or challenge before now); and EPA’s regulatory efforts to reduce risks from exposures to toxic chemicals (leading to its Action Plans on high-concern chemicals and proposed follow-up activities for work plan chemicals where assessments – the first completed in decades – have identified significant risks).

EPA has also developed new databases and tools to provide greater access to chemical information in its possession and regulatory decisions and supporting documents it develops; these include the Chemical Data Access Tool and ChemView.

All of these efforts are still very much works in progress but hold significant potential to improve transparency, information access and risk reduction.

But sometimes the Agency does something that makes clear just how far it still has to go in these respects.  Unfortunately, a case in point is its recent effort toward assessing risks of a cluster of flame retardant chemicals, the brominated phthalates, some of which are in wide use and are showing up in everything from house dust to dolphins.   Read More »

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Very little, very late: EPA still lacks data on safety of widely used flame retardant chemicals

By Lindsay McCormick / Published: February 1, 2016

Lindsay McCormick is a Research Analyst.  Richard Denison, Ph.D., is a Lead Senior Scientist.

[This is Part One of a two-part series.  Here is a link to Part Two.]

Last summer, EPA released a Problem Formulation and Data Needs Assessment describing the inadequacy of data available to conduct risk assessments on a group of brominated phthalate flame retardants – two of which are major components in widely used Firemaster products. 

This is the first of two blog posts on the comments EDF recently submitted to EPA on this document.  In this post, we discuss the growing public health and environmental concerns over use of Firemaster products and the recommendations we made to EPA on steps it needs to promptly take to address these concerns.  In our second post, we’ll lay out our serious concerns about the lack of transparency, limited data access, and allowance of unwarranted confidentiality claims that our review of EPA’s document brought to light.

 

First, a brief history

In the mid-2000s, Great Lakes Chemicals Corporation (now Chemtura) agreed to phase out production of polybrominated diphenyl ether (PBDE) flame retardants due to mounting evidence of their health effects and their persistence and accumulation in people and the environment.  Soon after, the use of the company’s replacement Firemaster products skyrocketed.

The two main components of Firemaster products, 2-Ethylhexyl 2,3,4,5- tetrabromobenzoate (TBB) and bis(2-Ethylhexyl) -3,4,5,6- tetrabromophthalate (TBPH), are  high production volume (“HPV”) chemicals – each produced at more than one million pounds annually.

Unfortunately, use of these chemicals rose to such levels – replacing PBDEs in consumer products like polyurethane foam-based furniture and electronics – without sufficient data and review to establish their safety.   Read More »

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Will we take this best chance ever to fix the law that helped bring about DuPont’s PFOA debacle?

By / Published: January 11, 2016

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

A remarkable exposé in yesterday’s New York Times Magazine documents the “brazen, decades-long” withholding by DuPont of mounting evidence of widespread exposure to and health effects from one of its signature chemicals (nicknamed PFOA) used in manufacture of its line of Teflon brand products.

The article is compelling in many respects, not the least of which is its scathing indictment of the federal laws that are supposed to protect Americans from toxic chemical exposures.  In particular, the article highlights the deep failures of the Toxic Substances Control Act (TSCA) – now limping into its 40th year of existence without ever having been substantially amended.  TSCA is the law that – in principle – regulates most uses of PFOA and other so-called “industrial chemicals,” thousands of which are widely used in everyday consumer products and materials ranging from household cleaners to furniture to paint to electronics.

The article’s focus on TSCA is more than justified:  PFOA is one of 62,000 chemicals that were already on the market when TSCA passed in 1976.  All of these chemicals were “grandfathered” under the law, effectively presumed safe without any requirement that they be tested or reviewed for safety.  And while, as evidence of harm and widespread exposure mounted, the Environmental Protection Agency (EPA) did conduct a review of PFOA (which more than a decade later is still only in draft form), its authority under TSCA is so weak that it has not even attempted to use that authority to restrict any uses of the chemical, instead having to negotiate a gradual voluntary phase-out.  Indeed, EPA hasn’t tried to regulate any existing chemical under TSCA since 1991, when a court threw out its regulation of the known killer asbestos, on the grounds that EPA had not met its burden of proof of harm under TSCA.

Not mentioned in the article, however, is that for the first time ever Congress is on the verge of finally reforming TSCA.  Reform bills have passed both the Senate and the House, and negotiations toward a final reconciled bill are expected to get underway any day now.

While no single law could by itself have prevented the tragic story of PFOA from unfolding, provisions of one or both bills would go a long way to help prevent such events from happening again.  Let me mention some of the most important:   Read More »

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Senators clear the air on “early preemption” under the Senate TSCA reform bill

By / Published: January 5, 2016

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

In the immediate aftermath of the Senate’s unanimous passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) on December 17, 2015, three of the key Democratic cosponsors of that bill – Senators Whitehouse (RI) , Booker (NJ) and Merkley (OR) – participated in a colloquy to discuss one of the most contentious – and widely misunderstood – provisions of the Senate bill:  the extent to which it would preempt states from acting during review of a high-priority chemical by the Environmental Protection Agency (EPA).

That colloquy ran in the next day’s Congressional Record.  I am including it at the end of this post in its entirety; it explains the Senators’ successful effort to limit preemption of state authority in the final bill – including by narrowing the conditions states must meet to act during EPA review of a chemical essentially to constraints on state authority already imposed by the U.S. Constitution.  The Senators conclude:  “Restoring the ability for States to protect their citizens while EPA assesses the safety of chemicals was one of the primary goals of our work to improve this bill and that has been accomplished under section 18(f)(2) of S. 697, as reported by the Environment and Public Works Committee. We believe this does, within the limits imposed by the Constitution.”

Although this preemption provision was narrowed in negotiations led by those Senators this past April, it is still being widely mischaracterized.   Read More »

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Links to essential reading on Senate and House TSCA reform legislation

By / Published: December 22, 2015

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

[UPDATE 2/26/16:  Updated versions of (1) our detailed side-by-side comparison of Senate and House bills — now with bill section references — and (2) our 5-part series have been posted below.]

On December 17, 2015, the full Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697, the Lautenberg Act), which would amend the nearly 40-year-old Toxic Substances Control Act (TSCA).

The House of Representatives already passed its TSCA reform bill in June, the TSCA Modernization Act of 2015, H.R. 2576.

Next up in the New Year will be efforts to reconcile these two bills.  In anticipation of this, I am posting here updated analyses of the two bills that examine how and to what extent they would address key flaws in TSCA.  These analyses include:

  • brief and detailed side-by-sides of TSCA and the two bills,
  • a comparison of how the bills deal with the contentious issue of preemption of state authority,
  • a comparison of how well the bills meet the Administration’s principles for TSCA reform, and
  • an earlier blog post on the importance of understanding which chemicals are in use today.

All of these materials (including this post) are available at blogs.edf.org/health.

ANALYSES:

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