EDF Health

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

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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Enduring TSCA myths: Absence of evidence of harm = evidence of absence of harm

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

A subcommittee of the Senate Environment and Public Works Committee held a hearing on reform of the Toxic Substances Control Act (TSCA) last week.  It’s good to have attention drawn to the issue so early in the new Congress.

But – especially if you missed Senator Lautenberg’s opening statement and the testimony of EPA Assistant Administrator Steve Owens – you may well have come away from the hearing with the impression that TSCA is basically working quite well and really only needs a few tweaks, or what the chemical industry loves to call “modernization.”

Nothing could be further from the truth, of course.  This 35-year-old law is not only outdated, it’s proven ineffectual in myriad ways.  The false impression that all TSCA needs is a little polishing-up was, unfortunately, bolstered by the invoking of two particularly pernicious myths about TSCA by some of the other hearing witnesses.

The first myth, which I’ll deal with in this post, is that EPA’s new chemicals program has worked very well – so often repeated by some former EPA officials that it has become virtual dogma.

The second myth, which I’ll address in a subsequent post, is that we can confidently rely on existing information to identify all of the chemicals of concern on the market today, and safely set aside the rest.  Read More »

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No disappearing act: Dispersant ingredient lives on months after BP oil disaster

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

Remember that old naïve saw, “Dilution is the Solution to Pollution”?   When it comes to the dispersants used last year to address the Deepwater Horizon disaster in the Gulf of Mexico, that axiom appears to be the operative mechanism.

Last week, researchers at Woods Hole Oceanographic Institute published data showing that a key component of the Corexit dispersant used by BP to address the oil spill, did not degrade – as had been predicted by just about everybody, including BP, the Coast Guard, the dispersant manufacturer Nalco and EPA.  In fact, it was still detectable when last looked for in September, 5 months after the spill began and at least two months after use of dispersants had ceased. Read More »

Posted in Environment, Health science / Tagged , | Comments are closed

Regulating nanomaterials to life, not death

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

As we enter a new year and legislative season, we face a changed political climate where the thought of new regulation is anything but de rigueur.  I will argue in this post that a little regulation would have done – and still could do – the world of nanotechnology a world of good.

Come again?

Back when the debate over nanomaterial safety really got started, which I would place ‘round about 2004 (or was that just my first involvement in it?), there seemed to be broad agreement on first-order needs to ensure that nanotechnology would survive and thrive.  The aim was to “get it right the first time,” by identifying and addressing potential risks up front and in the open.  That meant we needed to adequately fund and direct risk research.  We also needed to make sure adequate regulatory authority existed to address potential risks, ideally before they arose.

Most fundamentally, there was virtual consensus on the need for prompt action to ensure regulatory agencies had at hand the basic information they needed to understand the lay of the nano-land:  what nanomaterials are already being produced and are in the pipeline; in what applications and products are they being used; and where along the nanomaterial lifecycle are the most likely points for potential releases and exposures.

With respect to this most fundamental of needs, I’m sorry to say that, in 2011, we are essentially no closer to achieving it than we were in 2004.  Read More »

Posted in Health policy, Nanotechnology, Regulation / Tagged , , , , , | Read 3 Responses

The States we’re in on chemical policy reform in 2011: 30 and counting

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

Today, legislators in 30 states and the District of Columbia introduced or announced plans to introduce bills aimed at reducing the impact of chemicals on public health.  These actions send a strong signal that states will to continue to respond to the mounting public concern over unsafe, under-regulated and inadequately tested chemicals — in the face of continued inaction by the U.S. Congress to do so.

The bills differ in scope and content, but all of them address chemicals, products or policy needs that have fallen through the cracks in the 35 years since the Toxic Substances Control Act (TSCA) was enacted.

With strong, bipartisan majorities of Americans embracing the need for stronger chemical laws, these latest actions make clear that states will continue to act until there is a strong federal system in place that restores confidence in our government’s ability to assure the safety of all chemicals we use and encounter in our daily lives.  Read More »

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Do these chemicals make me look fat?

Woman in mirrorJennifer McPartland, Ph.D., is a Health Scientist.

My colleague Richard Denison at EDF ended his last blog post asking, “The new study [Environmental Chemicals in Pregnant Women in the US: NHANES 2003-2004] leaves me with one question:  How many more such wake-up calls do we need before our government enacts policies to ensure the safety of chemicals to which we are exposed?”

Maybe this will help shake us awake!  The obesity epidemic in the United States is increasing at alarming rates.   So too is an associated disease, type 2 diabetes.  Researchers have attributed 70% of the risk associated with developing type 2 diabetes with being overweight or obese, a risk that increases by 4.5% for every 2.2 pounds of weight gained over 10 years.

A healthy diet and hitting the gym should keep these diseases at bay, right?  Certainly proper nutrition and exercise are good and important habits for controlling our weight and maintaining overall health.  But what if, despite all such efforts, there are contributing factors outside of our control, and even outside of our genetic makeup?  And what if those potential factors are found in us, on us, and all around us?

New research suggests that chemicals found in our environment and in everyday products may play a significant role in packing on the pounds.  Read More »

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