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Not just kids’ play any more: TSCA reform gets serious

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

Today, at long last, legislation to reform the Toxic Substances Control Act (TSCA) hit the streets.  A bill, the Safe Chemicals Act of 2010, was introduced by Senator Lautenberg in the U.S. Senate.  And just to keep things interesting and all of us on our toes, Congressmen Rush and Waxman today released the Toxic Chemicals Safety Act of 2010 that is similar but not identical and is in the form of a discussion draft, rather than a bill.

It’s been a long road to get here, but of course this is only the end of the beginning.

EDF and the Safer Chemicals Healthy Families coalition support the new legislative language and believe it includes most of the elements needed to move our outdated and broken chemical safety system into the 21st century.  We also will be seeking improvements in several areas as the bill moves forward.

For our coalition’s initial perspective on the positive aspects as well as some of the shortcomings of the legislative proposals, see the news release we issued today.  We will also soon be posting an analysis that aligns the bill’s and discussion draft’s provisions with the planks of our platform, and I’ll provide an update with a link here. Read More »

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EPA IG report: New Chemicals Program fails to assure protection

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

In a post to this blog nearly a year ago, I noted that many voices in the chemical industry were claiming that EPA’s New Chemicals Program (NCP) was robust and served as an excellent model for TSCA reform.  My post took considerable issue with that point of view, noting the many structural constraints TSCA imposes on EPA in its effort to review new chemicals:

  • No data, no problem: No up-front testing requirement or minimum data set applies to new chemicals.
  • Guessing game: EPA is forced to heavily rely on limited models and methods to predict the toxicity or behavior of a new chemical.
  • Catch-22: While EPA can require testing of a new chemical on a case-by-case basis, it must first show the chemical may pose a risk – not an easy task without any data in the first place!
  • One bite at the apple: EPA typically gets only a single opportunity to review a new chemical.
  • Crystal-ball gazing: EPA has to try to anticipate a new chemical’s for-all-time future production and use.
  • Black box: New chemical reviews lack transparency.
  • Anti-precaution: In deciding whether to require testing or controls for a new chemical, EPA equates lack of evidence of harm with evidence of no harm.

Lately, I’ve been hearing chemical industry representatives trying to resuscitate the NCP-as-model-for-TSCA-reform mantra.  So it is especially timely that a new report from EPA’s Office of Inspector General (OIG) has just been released that again thoroughly dismantles that notion.  The new report’s critique of the NCP closely mirrors the appraisal I provided earlier.  And adding weight to its analysis is the fact that EPA’s senior management has fully concurred with the report’s conclusions and recommendations. Read More »

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ChAMP “superseded”: EPA shifts into action mode

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

A new entry showed up sometime in the last day on EPA’s webpage for its ChAMP initiative.  It reads:  “The Chemical Assessment and Management Program (ChAMP) has been superseded by the comprehensive approach to enhancing the Agency’s current chemicals management program announced by Administrator Lisa Jackson on September 29, 2009.”

Don’t miss this bit at the top of the page:cobweb

Yes, that image is a cobweb, which EPA uses to designate archived web content.  What’s happening here? Read More »

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Straight from the Horse’s Mouth: EPA Antes Up on TSCA Reform

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

Today, EPA Administrator Lisa Jackson unveiled the Obama Administration’s “Essential Principles for Reform of Chemicals Management Legislation.”  The principles’ significance lies not so much in the words they contain, but rather in what they symbolize:  A clear confirmation that this Administration understands that the Toxic Substances Control Act (TSCA) needs fundamental reform and that it is ready and willing to engage in making it happen. Read More »

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Let the games begin: Dueling TSCA reform manifestos

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

Today, the American Chemistry Council (ACC) unveiled its “10 Principles for Modernizing TSCA.”  Also today, the Safer Chemicals, Healthy Families coalition – of which EDF is a member – issued a news release and unveiled its 9-point “Platform for Reform of TSCA.”  How do they line up? Read More »

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O Canada!

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

Some time back, I promised a look at whether Canada’s Chemical Management Plan provides a model for TSCA reform.  This post will provide that look.  Bottom line:  While our neighbor to the north has undertaken and accomplished a great deal over the past decade, it has done so with one hand tied behind its back.  Read More »

Posted in Health policy, International, TSCA reform / Also tagged , , , , , | Read 4 Responses