EDF Health

Smoke and Mirrors: ACC lawyers are working hard to rein in your right to know

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

I’ve blogged here frequently about EPA’s efforts over the past couple of years to make more chemical information available to the public, especially health and safety information.  A key part of this, believe it or not, is simply making sure that when EPA shares a health study with the public – as required by law – you get to know the identity of the chemical that is the subject of that study.

EPA’s initial steps (see below) were met with a little grumbling on the part of the chemical industry, but not a whole lot.  After all, the industry says it wants the public to have more information about chemicals.  At #7 on the American Chemistry Council’s (ACC) top 10 principles for TSCA reform is:  “Companies and EPA should work together to enhance public access to chemical health and safety information.”

Times, apparently, have changed.  In recent weeks, ACC has launched a broadside attack on the EPA’s efforts to compel its member companies ever to name a chemical when submitting health and safety information to EPA.  My evidence?  A 36-page White Paper delivered by ACC to the office of the regulatory czar at the Office of Management and Budget, at a meeting held there on January 20.  The ACC document is a wonder of tortured logic, obfuscation and selective renditions of the history of TSCA.

Today, a response was mounted.  EDF and Earthjustice staff, as well as representatives of health-affected individuals, environmental justice communities and workers, held their own meeting with OMB officials.  And we delivered our own letter to OMB that thoroughly rebuts ACC’s White Paper.  It also points out that, way back in 1976, the drafters of TSCA actually wanted you to have access to health and safety information on chemicals – and they darn well didn’t expect you to have to guess at the identity of those chemicalsRead More »

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EPA starts to chip away at chemical secrecy; but don’t stop here!

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

Tomorrow’s Federal Register will contain a short notice from EPA that partially corrects a decades-old Agency practice that has denied the public access to the identity of chemicals that present substantial risks.

This welcome action begins to pull back the curtain on the chemical secrecy that has been a hallmark of life for the public under the Toxic Substances Control Act (TSCA).  As I noted in a previous post, this action is one of a host of changes needed to remedy the major excesses and abuses of confidentiality under TSCA.  EPA’s action makes clear that some things can be done even as we await TSCA reform.

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How should the problem of “secret chemicals” be addressed?

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

A front page article by Lyndsey Layton in yesterday’s Washington Post – spurred by an intriguing new report by the Environmental Working Group – did a great job of exposing the extent to which the identities of chemicals in widespread use are hidden from view, and of exploring some of the many adverse consequences.

Neither the article nor the report, however, had much to say about how this problem of excessive reliance on confidential business information (CBI) claims by industry might be solved, especially in the context of impending reform of the Toxic Substances Control Act (TSCA).

In this post I’ll provide some concrete proposals for addressing this serious problem.

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Shanghai diary

John Balbus, M.D., M.P.H., is Chief Health Scientist.

Some 216 delegates representing 26 countries converged on the largest city in China last week for the 7th meeting of the International Standards Organization (ISO) Technical Committee (TC 229) on Nanotechnologies.

In China, the turtle symbolizes cosmic order, strength, endurance and wisdom.  In the US, the turtle has come to symbolize slow progress and not keeping up with the times.  Which representation better captures what’s going on in ISO’s TC 229?   Maybe a little of both. Read More »

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