EDF Health

5 ways we’re holding the Trump Administration accountable on the TSCA 4-year anniversary

It’s been four years since Congress passed legislation overhauling our chemical safety system to better protect American families. In the time since that bipartisan achievement, the Trump administration has worked to systematically undermine the law and weaken chemical safety.

But we’re not sitting idly by, and we have the law on our side. This year, on the anniversary of the legislation’s passage, we’re highlighting some of the victories we’ve had and ways we’re fighting back to demand EPA protect the American people from harmful chemicals.

1. Winning important legal cases to hold EPA to the letter of the law

Last year, in response to a challenge from EDF, a federal court delivered a strong rebuke to the Trump EPA’s efforts to undermine the public’s right to know about the chemicals in our homes, schools, and workplaces. The ruling on our lawsuit means that companies can’t hide, and EPA must make public, more information about chemicals in use today.

And a ruling last year in a different case – brought by health, labor and environmental groups, including EDF – has already increased pressure on EPA to stop ignoring known sources of exposure to chemicals when assessing their risks. Conducting the comprehensive risk reviews that the law requires is critical to protecting health, especially for vulnerable populations, like children, pregnant women, and fenceline communities.

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What connects cross country skiing and chemical safety?

Sam Lovell, Project Manager.

An idyllic afternoon gliding through fresh snow may seem as far removed as you can get from Washington, D.C. decision-making about toxic chemicals. However, as recently reported by Outside Magazine, there’s an intriguing connection here that ought to give skiers, and the rest of us, some pause.

Last year, the Environmental Protection Agency (EPA) approved a new chemical for use in ski wax. Just a few months before, the agency had planned to deny the chemical market entry based on the concern, among others, that exposure could “waterproof the lungs” – causing severe, acute harm. Due to the abrupt reversal in EPA’s decision, EDF began looking further into this case and made public records and Freedom of Information Act requests.

The intervening steps that resulted in this chemical getting the green light to market reveal serious problems in EPA’s new chemicals program regarding transparency and industry influence.

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Toxic chemicals can enter food through packaging. We made a list.

Boma Brown-West, Senior Manager, Tom Neltner, Chemicals Policy Director, and Michelle Harvey, Consultant.

This is the second in a series evaluating the challenges in single-use food packaging waste.

[pullquote]See our list of key chemicals of concern in food packaging.[/pullquote]In the late 1980s, the Council of Northeast Governors (CONEG) was concerned that heavy metals in packaging would accumulate in recycled materials to levels that presented serious health concerns. The organization drafted model legislation that prohibited the intentional addition of mercury, lead, cadmium, and hexavalent chromium to any component of packaging, including inks. It also set a 100 parts-per-million limit on the total amount of these four heavy metals. To ensure compliance, companies making packaging materials had to provide certificates of compliance to downstream purchasers and report compliance to the states.

CONEG also established the Toxics in Packaging Clearinghouse to maintain the model legislation, coordinate implementation of state legislation, and serve as a resource for companies seeking compliance information. The Council’s hypothesis: protecting virgin material from contamination will improve the recyclability of post-consumer materials and protect public health.

Over the years, 19 states have adopted a variation of the model legislation.  In 2018, the State of Washington took an unprecedented step of expanding its version of the legislation from heavy metals to include per- and poly-fluorinated alkyl substances (PFAS). PFAS are bioaccumulating, persistent chemicals and are associated with an array of health problems including endocrine disruption and children’s developmental harm. The State was concerned that paper and cardboard food packaging treated with these chemicals may be contaminating composting and paper recycling processes post-consumer.

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Systematic slowdown: EPA indefinitely delays virtually all proposed actions to restrict chemicals under TSCA

Richard Denison, Ph.D., is a Lead Senior Scientist.  My colleague Ryan O’Connell assisted in the research described in this post.

By the time the long-awaited reforms of the Toxic Substances Control Act (TSCA) passed in June of 2016, nearly all stakeholders had come to agree that we needed a stronger federal chemical safety system, one that gave EPA more authority and more resources to act.  Only through this could public confidence in the system begin to be restored – to the benefit of both business and public health.

That was then.  A scant 18 months later, the law is being implemented by an Administration hell-bent on rolling back existing or indefinitely delaying new health protections, even those called for by large bipartisan majorities in Congress.  And the chemical industry?  So much for the influence of its better angels who supported reform.  It’s now going for broke, grabbing what it can while it can.[pullquote]Virtually every proposed action that would impose restrictions or conditions on specific chemicals has been either moved to the “long-term action” attic or simply deleted altogether.[/pullquote]

Yesterday, the New York Times and The Intercept ran stories spotlighting EPA’s decision to back-burner proposed restrictions on high-risk uses of three highly toxic chemicals – trichloroethylene (TCE), methylene chloride (MC), and N-methylpyrrolidone (NMP) – relegating them to the bureaucratic dustbin of “long-term actions.”  Not coincidentally, the chemical industry has strongly opposed all of the proposed restrictions.

But those aren’t the only proposed actions on chemicals for which this EPA has applied the brakes.  An examination of EPA’s two most recent semi-annual “unified agendas” – that trumpeted by the President last week, and the preceding one issued this past April – reveals a much broader and more disturbing pattern:  Virtually every proposed action that would impose restrictions or conditions on specific chemicals has been either moved to the “long-term action” attic or simply deleted altogether.   Read More »

Posted in Health policy, Industry influence, Regulation, TSCA reform / Tagged , | Read 1 Response

This SNUR is not a SNORE!

Jennifer McPartland, Ph.D., is a Health Scientist.

Yesterday EPA finalized a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) that requires manufacturers and importers of certain perfluorinated chemicals to notify EPA at least 90 days before commencing any “significant new use” of these chemicals.  (See below for what EPA has designated to be a “significant new use.”)

These notifications afford EPA an opportunity to evaluate the designated new uses before they start and address any risks the new uses may pose.  Read on to learn more about some novel aspects of this final rule, including the scope of what EPA has designated as significant new uses of these chemicals.  Read More »

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April brings showers…and a flurry of new studies on the risks of perfluorinated chemicals

Rachel Shaffer is a research assistant.

What do waterproof jackets, car wax, and non-stick pans have in common?

Aside from being great Father’s Day presents (Dad, I’m thinking ahead this year!), they also all are made with perfluorinated compounds, or PFCs. There are hundreds of different PFCs, and their oil- and water-resistant properties make them useful in a variety of products, from cookware and carpets to food-packaging and electronics.  

Unfortunately, these chemicals have less desirable properties as well. Thanks to their strong molecular bonds, PFCs do not readily break down; they persist in the environment and in our bodies. And, widespread use has led to extensive human exposure. The Centers for Disease Control’s (CDC) human biomonitoring program, the National Health and Nutrition Examination Survey (NHANES), detected four types of PFCs in over 98% of samples representative of the U.S. population collected in 2003-2004.  

Two of the compounds detected in NHANES, perfluorooctane sulfonic acid (PFOS) and perfluorootanoic acid (PFOA), are the focus of three new studies published this month in Environmental Health Perspectives. These studies, one reporting an association with osteoarthritis in women, another an association with semen quality in men, and a third an association with asthma in children, add to a growing concern about the potential adverse effects of these ubiquitous chemicals.

What follows is a brief overview of the findings of these new studies.  Read More »

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