EDF Health

Making regrettable substitution a thing of the past

Michelle Harvey is a Senior Project Manager in EDF’s Corporate Partnership Program.

Regrettable substitution. Informed substitution.

The first sounds like a problem – and it is. The second is the way you avoid the first.

In the world of consumer products made from mixtures of chemicals – baby lotion, shampoo, cleaners, laundry soap – chemists seek ingredients that are effective and feasible. What they too often don’t also consider are the hazardous properties of the chemical and its risk to people.  This is in part because most chemists are not trained in toxicology.  Further, many of the biological interactions between us and the ingredients in everyday products we use on our bodies and in our homes are only now being understood.  As our understanding has grown, groups such as EDF have called for the removal of some of the more concerning chemical ingredients from store shelves.

But it’s not as simple as just taking a hazardous chemical out of a product.  While in some instances a chemical of concern can be simply eliminated, in many cases these chemicals perform a key function in a product and a replacement chemical is necessary.  If the replacement isn’t carefully considered for its own potentially deleterious effects, you can end up exchanging a problem for a problem – resulting in a regrettable substitution. 

The good news is that the path forward for identifying and making informed choices about substitutes has become a lot clearer. 

Today, EDF together with BizNGO, the Toxic Use Reduction Institute and the Lowell Center for Sustainability released The Commons Principles for Alternatives Assessment with the support of over 100 representatives of business, universities and NGOs.  This broad consensus around simple, solutions-based principles, signals a growing commitment to moving hazardous chemicals out of the supply chain and driving informed, safer innovations. 

Alternatives assessment is a process for identifying, comparing, and selecting safer alternatives to chemicals of concern based on certain chemical features including hazard, performance, and economics.  The six “Common Principles” establish key elements of informed decision-making about the chemicals in a product.  Reduce hazard. Minimize exposure. Use best available information. Require disclosure and transparency. Resolve trade-offs. Take action.  They are “common principles” because they are shared by a broad, diverse group of individuals from academia, industry and the NGO community.

In September, Walmart became the first retailer to call for informed substitution as suppliers phase out of chemical ingredients of concern in products it sells. It is EDF’s hope that the Commons Principles will be used to meet this commitment, and inform the efforts of other retailers and product manufacturers.  Smart and informed decisions guided by the Commons Principles can make products safer and regrettable, hazardous substitutions a thing of the past.

 

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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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Public pressure gets the job done: South Korea passes new chemicals law, K-REACH

Alissa Sasso is a Chemicals Policy Fellow.

Two years ago, accidental use of a chemical in humidifiers in South Korea tragically took the lives of 18 people and captured national headlines. Nearly a year later another fatal accident occurred at a chemical plant, this time injuring thousands of people in the surrounding area as well.

Meanwhile, the South Korean National Assembly was negotiating a new comprehensive chemicals bill that some observers saw as leaning in favor of the business interests at the table. The tragedies brought the public spotlight to the issue and changed the political dynamic and policy outcome.  With the public calling for greater control over toxic chemicals, legislators reinstated many of the health-protective requirements that had been dropped due to industry pressure (Chemical Watch, subscription required). And on April 30th, 2013, the Assembly passed the “Act on the Registration and Evaluation of Chemicals”, known as “Korea REACH” or simply “K-REACH” (Chemical Watch, subscription required).  Read More »

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Premier medical organizations sound alarm on toxic chemicals’ harm to reproductive health

Joanna Slaney is an EDF consultant.

As a mom, I know what it’s like to worry about the health and safety of my children. You want to do everything you can to protect your kids, and help them stay healthy and strong. That’s why I think most parents will want to pay attention to the statement released today from the American College of Obstetricians and Gynecologists (ACOG) and the American Society for Reproductive Medicine (ASRM). The joint opinion from two of the country’s most prestigious medical organizations details how prenatal exposure to certain chemicals is linked to miscarriages, stillbirths, and birth defects. These groups are urging ob-gyns to advocate for government policy changes needed to ensure we identify and reduce exposure to toxic environmental agents.

EDF Health is very pleased that ACOG and ASRM are expanding awareness of the serious threats toxic chemicals can pose to our health. We urge everyone, especially parents, to take a closer look at this joint statement.

EDF Health has issued the following statement: “Today’s statement from ACOG and ASRM is the latest reminder about the devastating impact toxic chemicals can have on our health,” said Dr. Sarah Vogel, Director, EDF Environmental Health. “Even more shocking is that most everyday chemicals have never been tested for safety.  Our doctors are telling us we need to fix America’s chemical laws to protect our families’ health.”

To learn more about the health impact of toxic chemicals, please go here.

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EDF Applauds New Walmart Policy That Promises Safer Products for Consumers

Here is EDF’s release on Walmart’s announcement today:

FOR IMMEDIATE RELEASE

EDF Applauds New Walmart Policy That Promises Safer Products for Consumers

New chemicals policy today promises to bring safer, healthier products
to the 80 percent of Americans that shop at Walmart

September 12, 2013

CONTACT: Katie Ware, kware@edf.org, (212) 616-1283

BENTONVILLE, Ark.—Walmart announced a new chemicals policy today that promises to bring safer, healthier products to the 80 percent of Americans that shop there. The policy was unveiled during Walmart’s Global Sustainability Milestone Meeting and focuses on chemical ingredients in consumables –household cleaners, personal care products and cosmetics.

Walmart is calling for expanded ingredient disclosure, targeting about ten key chemicals of concern for substitution with better ingredients and looking to take its private brand products through a rigorous screening process.

“Today’s announcement is yet another indication that consumers, advocates and business are working together to fill the void left by Washington’s inaction on chemical safety,” said Sarah Vogel, Director of EDF’s Environmental Health program.

EDF worked closely with Walmart to prioritize the removal of toxic chemicals in household, personal care and beauty products. Walmart’s new chemicals policy targets about ten hazardous chemicals in consumer products for replacement with safer ingredients and significantly expands ingredient disclosure to the public.

“Some companies stop at issuing a restricted substances list,” said Vogel. “No other company is requiring the all-important, but often forgotten, second step to truly transformational phase-outs: putting a system in place that avoids regrettable chemical substitutions. EDF commends this aggressive new policy.”

 

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Environmental Defense Fund (edf.org), a leading national nonprofit organization, creates transformational solutions to the most serious environmental problems. EDF links science, economics, law and innovative private-sector partnerships. Follow us on Twitter at twitter.com/EnvDefenseFund and on Facebook at facebook.com/EnvDefenseFund.

 

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NGOs ask Senators to investigate chronic delays in OMB’s review of TSCA regulatory actions

Rachel Shaffer is a research assistant.  Richard Denison, Ph.D., is a Senior Scientist.

Last Friday afternoon, we received the discouraging news that EPA has withdrawn two draft rules it had developed under its Toxic Substances Control Act (TSCA) authority.  As discussed in our earlier blog post, these proposed rules had been kept in limbo by the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), for 1,213 and 619 days, respectively – far longer than the 90-day limit for such reviews set by Executive Order 12866.

Unfortunately, these delays are anything but unique.  OIRA’s reviews of draft rules and other actions now routinely exceed by large margins their mandated deadlines.  Our examination of EPA’s TSCA regulatory agenda over the past several years reveals just how extensive OIRA’s “rulemaking purgatory” has become.  

Since 2009, a total of 33 TSCA-related notices or proposed or final regulatory actions have been submitted to OIRA:

  • Eighteen submissions were proposed or final rules subject to a 90-calendar-day deadline.  Reviews of only six of these rules were completed within this deadline; on average, they have been held at OIRA for over 300 days.
  • The other 15 were advance notices of proposed rulemakings or other notices subject to a 10-working-day deadline.  Of these notices, only one was completed within this deadline; on average, they were kept under review by OIRA for over 70 working days.

Today, EDF, Earthjustice, Union of Concerned Scientists, and League of Conservation Voters sent a letter documenting these delays and expressing our serious concerns to Senator Richard Blumenthal (D-CT) and Senator Orrin Hatch (R-UT), Chairman and Ranking Member, respectively, of the Senate Judiciary Committee’s Subcommittee on Oversight, Federal Rights, and Agency Action.  Our letter emphasized that such delays both prevent the public from providing input in the rulemaking process and limit EPA’s already constrained ability to obtain and share basic safety information on chemicals under TSCA.

Our letter was sent in response to an August 1, 2013, hearing held by that subcommittee, titled Justice Delayed: The Human Cost of Regulatory Paralysis, which began a much-needed discussion of the real-world impact of OIRA’s protracted review of proposed regulations.  We urged a further investigation into the causes and consequences of this too-hidden obstruction of the long-established rulemaking process. 

You can read our letter here, and stay tuned for updates in the coming months.

 

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