EDF Health

Early disconnect between industry rhetoric and actions under the new TSCA?

By / Published: November 21, 2016

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

It was more than a bit heartening that, even post-election, chemical industry representatives have been publicly urging that the Environmental Protection Agency’s (EPA) implementation of the new Toxic Substances Control Act (TSCA) should continue apace.

So it pains me greatly to be reading that some in industry are aggressively pressing the Office of Management and Budget (OMB) to block at least one of EPA’s proposals to restrict certain very high-risk uses of trichloroethylene (TCE), which focuses on TCE’s use in commercial vapor degreasing operations.  As reported late last week by Inside EPA (subscription required), industry representatives have asked OMB not to even allow EPA to issue its proposal for public comment, despite the fact that the industry and the rest of the public have yet to see it.

These are the first risk reduction actions EPA is proposing to take under the Lautenberg Act, which passed earlier this year with strong bipartisan support.  Industry supported the new law, saying it accepted the need to give EPA stronger authority to identify and restrict dangerous uses of chemicals in order to help restore public confidence in the nation’s chemical safety system.  So why are some now seeking to block the very first actions taken under the new law?  This type of behavior— fighting even limited steps by EPA to address even the riskiest of chemicals—is what brought about this crisis in confidence in the first place.   Read More »

Posted in Health policy, TSCA reform / Tagged , , | Comments are closed

A Different Vote–One That Could Have an Impact on Lead Exposure

By Jack Pratt / Published: November 3, 2016

There’s a vote coming this month you should know about and it doesn’t involve Donald Trump or Hillary Clinton. This month, the International Code Council (ICC) will consider a simple proposal to reduce lead exposures. This admittedly less monumental vote could nonetheless have a significant impact on public health and deserves our attention.

The proposal before the ICC would change the model building and residential codes to require that contractors present proof of lead-safe certification when they apply to do work on pre-1978 homes. Lead paint was banned in 1978, meaning homes built before that time are significantly more likely to contain lead paint. The certification itself is nothing new, it is already required at a federal level. Yet, most localities do not require any proof of certification when issuing permits to renovate these homes.  Update: ICC’s code officials rejected the proposal. As of Jan. 11, 2017, vote tally is not yet available.

Read More »

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Separating fact from fancy in the TSCA Inventory reset mandated by the Lautenberg Act

By / Published: October 7, 2016

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

A key reform under the Lautenberg Act is the requirement that the Environmental Protection Agency (EPA) generate an accurate, up-to-date list of all chemicals in active commerce.  This is to be accomplished by promulgating a rule to do a full “reset” of the TSCA Inventory that distinguishes between active and inactive chemicals.  It is necessary because the 85,000 chemicals on that Inventory represent a cumulative listing of all chemicals that have been in commerce at some point since its establishment in 1979, but no doubt includes many that are not now in commerce.

I have blogged previously about why it is important that EPA and the public know how many and which chemicals are in use today in the U.S.  Among other reasons, it is essential that we understand the magnitude of the task that awaits EPA under the new TSCA, with respect to prioritization, risk evaluation, risk management, and substantiation and review of confidential business information (CBI) claims.  That has implications for the pace of the program and the resources EPA will need to do its job, which extends ultimately to reviewing the safety of all chemicals in commerce.

EDF provided EPA with our comments on what should be included in EPA’s upcoming rule establishing the Inventory reset.  Unfortunately, comments on that rule received from some in industry indicate that they are seeking to limit the Inventory reset in ways that are not allowed under the new law and are short-sighted or even counterproductive to the purpose of the reset.  I provide a critique here of three of those proposed limitations.   Read More »

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Getting engaged … in shaping implementation of the new TSCA

By / Published: October 3, 2016

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

When President Obama signed the Lautenberg Act into law in June, it marked the beginning of a new phase in the long battle to improve chemical safety. Much of the success or failure of the new law now hinges on how well it is implemented. There are both a critical need and numerous opportunities for those who have a stake in improving our chemical safety system to engage in shaping how the law will be implemented.

To that end, EDF has developed an Engagement Guide that provides an overview of some of the key provisions in the Lautenberg Act and associated opportunities for stakeholder engagement, including:

  • Safety Standard and Vulnerable Subpopulations
  • Science Advisory Committee on Chemicals
  • Prioritizing Chemicals in Use
  • Risk Evaluations of Existing Chemicals Deemed High-Priority
  • First Chemicals to be Reviewed
  • Restrictions on Chemicals that Present an Unreasonable Risk
  • New Chemicals Entering the Market
  • Transparency and Information Access
  • Legal Recourses
  • Preemption of State Authority

I hope you find it useful!

Posted in Health policy, TSCA reform / Tagged , | Comments are closed

The Flint Water Crisis Is Not Over and Congress Must Not Leave Them Behind

By Jack Pratt / Published: September 28, 2016

More than two years since a public health disaster hit Flint Michigan, Congress has yet to provide needed assistance. Some on both sides of the aisle are working to advance help for Flint, but the path forward remains unclear, with little time to spare on Congress’ legislative calendar. Congress must not leave town without taking action to help Flint.

EDF recently joined partners in the environmental community to help support a delegation of community leaders from Flint who came to Washington to lobby for overdue federal aid. Our friends at National Wildlife Federation, along with Sierra Club and many others, helped coordinate an effort to bring these Flint voices to Washington.  The stories from Flint have been well-documented in the press, but to hear them in person is another thing altogether. I am hopeful it had as much of an impact on Capitol Hill as it did those of us who joined their meetings.

Read More »

Posted in General interest / Comments are closed

EDF files comments on three TSCA rules EPA is developing

By / Published: August 25, 2016

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

Yesterday was the deadline for stakeholders to file written comments on three rules EPA is now developing, as required under the new Toxic Substances Control Act (TSCA as amended by the Lautenberg Act).  EPA is moving quickly to get input on these rules, which it intends to propose in December in order to stay on track to finalize the rules by June of next year, as mandated under the new law.

The solicitation of written comments follows public meetings EPA held on August 9, 10 and 11 to get input from stakeholders on these rules, at which dozens of stakeholders provided oral comments.  Those meetings were the first EPA public meetings since the Lautenberg Act was signed into law on June 22.

The three rules (and associated docket numbers) on which EPA solicited comments are:

  • Risk-Based Prioritization Procedural Rule, which will set forth the process and criteria EPA will use to prioritize chemicals in commerce. Docket EPA-HQ-OPPT-2016-0399
  • Risk Evaluation Procedural Rule, which will set forth the process EPA will use to conduct risk evaluations of high-priority and industry-requested chemicals. Docket EPA-HQ-OPPT-2016-0400
  • Rule Establishing Fees for the Administration of TSCA, which will detail how EPA will collect fees from companies to defray the costs of administering core activities under the new law. Docket EPA-HQ-OPPT-2016-0401

EDF filed comments yesterday on all three rules, available here, here and here.

Several of the key recommendations from each of our comments follow.   Read More »

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