EDF Health

Selected tag(s): Confidential Business Information (CBI)

A modest proposal: ACC should support and defend President’s proposed budget increase for EPA chemical safety efforts

By / Published: February 15, 2011

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

President Obama unveiled his FY2012 budget yesterday, and the news was rather bleak for EPA:  a proposed 13% decrease.  But one bright spot was a proposed $16.1 million boost in funding for EPA’s chemicals management efforts using its current limited authorities under the Toxic Substances Control Act (TSCA).

That additional funding, according to EPA, is to be directed at activities to further “reduce chemical risks, increase the pace of chemical hazard assessments, and provide the public with greater access to chemical information so they can make better informed decisions about their health.  Learning more about these chemicals will help protect Americans from potential threats to their health.”

What is perhaps most refreshing is EPA’s rationale for its proposal to maintain and enhance its renewed focus on chemical safety (see pages 55-56 of this EPA budget summary):

Chemicals are often released into the environment as a result of their manufacture, processing, use, and disposal. Research shows that children are getting steady infusions of industrial chemicals before they even are given solid food. Other vulnerable groups, including low-income, minority, and indigenous populations, may also be disproportionately impacted by and thus particularly at risk from chemical exposure.

So, what would the money go to, and how will the chemical industry respond?  Read More »

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

By / Published: February 10, 2011

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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Regulating nanomaterials to life, not death

By / Published: January 28, 2011

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 »

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Public health advocates to the chemical industry: Stop hobbling EPA

By / Published: October 12, 2010

Richard Denison, Ph.D., is a Senior Scientist.  Allison Tracy is a Chemicals Policy Fellow.

Today, EDF joined with 32 other environmental justice, health and environmental organizations to file comments [PDF] with EPA that strongly support its effort to improve its ability to obtain – and share with the public – robust information about the production, processing and use of chemicals in the U.S.

While the details of EPA’s proposed rule and many of our comments are heavily wonky, the motivation and goals are far from it:  To make sure that EPA, the marketplace and the public have the information they need to guard against harm from dangerous chemicals.  That requires knowing a whole lot more than we do today about what chemicals are in commerce, in what quantities, how they’re used – essential to understanding how we may be exposed.

Robust information is the lifeblood of a sound chemicals management system.  Government needs access to comprehensive, reliable information to inform policy, programmatic and regulatory decisions it must make to carry out its mission.  The market needs access to such information to inform the myriad decisions made every day by producers, sellers and users of chemicals and products and materials made using chemicals.  And researchers, the public and groups that work in the public interest need access if they are to have confidence in, and be able meaningfully to contribute to, decisions and actions taken by government and the private sector.

In an earlier post, we made the point that the chemical industry’s reactions to these modest proposals will be a litmus test for how serious it is in acting on its rhetoric about the need for EPA and the public to have more and better information on chemicals.  With the comment period closing today for EPA’s proposed rule, look here in the coming weeks for our assessment on industry’s comments.

What follows is a summary of our comments, indicating both what we support and what more is needed.  Read More »

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Affirming a thing of beauty: Comments filed today support new EPA CBI policy

By / Published: August 25, 2010

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

Today EDF joined with Earthjustice and 24 other health, labor and environmental organizations in filing comments with EPA that support its recently announced policy change restoring the public’s right to know the identities of all chemicals for which health and safety data have been submitted to the agency.

I have already done a post on the details of EPA’s new policy, which I termed “a thing of beauty.”  The comments we filed today – in response to EPA’s request when it issued its new policy back in May – make clear that the policy reflects both the clear meaning of the Toxic Substances Control Act (TSCA) and the clear intent of its drafters.   Read More »

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More than weather heating up in DC: Rush-Waxman House bill puts TSCA reform back on front burner

By / Published: July 22, 2010

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

We’ve just moved another step closer to protecting Americans and our environment from dangerous chemicals.

The Toxic Chemicals Safety Act of 2010 (H.R. 5820) has been formally introduced by Congressmen Bobby Rush (D-IL) and Henry Waxman (D-CA).  The legislation would implement a top-to-bottom overhaul of the outmoded and ineffectual 1976 Toxic Substances Control Act (TSCA).  Read More »

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