Wednesday, February 13, 2013

Lautenberg Steps Down as Chair of Toxic Chemicals Subcommittee

Senator Frank Lautenberg of New Jersey, long a champion of efforts to reform the Toxic Substances Control Act (TSCA), will no longer chair the Superfund, Toxics, and Environmental Health Subcommittee of the Senate Environment and Public Works Committee. Lautenberg, of course, has introduced several versions of a Safe Chemicals Act over previous Congresses.

Replacing Lautenberg as chair will be Senator Tom Udall of New Mexico. Barbara Boxer of California chairs the full EPW Committee. David Vitter of Louisiana had already replaced Senator Inhofe of Oklahoma as ranking minority member of the committee. The main reason given for the change to Udall on the toxics subcommittee is that Lautenberg has taken up the chair for the Financial Services subcommittee of the Senate Appropriations Committee and simply will not have time. Lautenberg is up for reelection in 2014, though at 90 years old it seems unlikely he will run.

Meanwhile, Lautenberg expects to continue his push for TSCA reform during the current Congress, and with Vitter apparently working with industry to craft a counter-bill, it is possible that we'll see some sort of TSCA reform bill at least reach debate.

Tuesday, February 5, 2013

EU Commission Publishes REACH Review

The EU Commission has fulfilled its obligation to review the REACH program. It published its REACH review on February 5, 2013. The 15-page document concluded:

"that REACH functions well and delivers on all objectives that at present can be assessed. Some needs for adjustments have been identified, but balanced against the interest of ensuring legislative stability and predictability, the Commission will not propose any changes to the enacting terms of REACH."

They did, however, determine that there is a need to reassess the impact of REACH on small and medium sized entities (SMEs), which because of their relative low benefit compared to the high costs of compliance the Commission felt have still been unduly impacted despite reduced fees and testing obligations.

A summary of the report can be read here.

The prepublication version of the report can be downloaded here as a PDF.

Thursday, January 24, 2013

26 States to Consider Toxic Chemicals Legislation in 2013

As TSCA reform enters another year without any resolution, at least 26 states are considering action to enhance protection of public health and the environment from exposure to chemicals. According to the advocacy coalition, Safer States:

In 2013, we expect at least 26 states to consider legislation and policy changes that will:
  • Restrict or label the use of bisphenol A (BPA) in receipts, children's products and food packaging.
  • Require removal of certain toxic flame retardants from children's products, home furniture or building materials.
  • Change disclosure rules so that concerned consumers will have a way to identify toxic chemicals in products.
  • Encourage manufacturers to remove identified toxic chemicals in favor of safer alternatives.
  • Ban cadmium, a dangerous, persistent metal that is often found in inexpensive children's jewelry.
  • Ban formaldehyde from cosmetics and children's products.
  • Promote green cleaning products in schools.
Safer States states that "We believe families, communities, and the environment should be protected from the devastating impacts of our society’s heavy use of chemicals. We believe that new state and national chemical policies will contribute to the formation of a cleaner, greener economy." They have also been highly critical of industry, reporting on what it sees as misplaced priorities "inside the toxic chemical industry."

So state efforts continue. At the federal level, Democratic Senator Frank Lautenberg has indicated that he will reintroduce his Safer Chemicals Act. The SCA was passed out of committee last year but never came to the Senate floor for debate or vote. The committee-passed version includes substantial changes from the original bill, including many adjustments to take into consideration concerns expressed by industry. Still, industry widely denounced the bill as unworkable, a position that Richard Denison of the Environmental Defense Fund and Andy Igrejas of Safer Chemicals Healthy Families have asserted is disingenuous at best. Industry is, however, reportedly working with Republican Senator David Vitter on what is effectively an industry-sponsored bill. It is unclear when or if Vitter's bill will be introduced, but any such bill would at least provide a counter-position to that of Lautenberg and offer opportunity for substantive debate.

Friday, January 4, 2013

EPA Releases Draft Risk Assessments Under Existing Chemicals Work Plan

From the USEPA Press Release:


"EPA today released for public comment draft risk assessments, for particular uses, on five chemicals found in common household products. The draft risk assessments were developed as part of the agency’s Toxic Substances Control Act (TSCA) Work Plan, which identified common chemicals for review over the coming years to assess any impacts on people’s health and the environment. Following public comment, the agency will seek an independent, scientific peer review of the assessments before beginning to finalize them in the fall of 2013." 

The chemicals and specific use for which risk assessments were released are:

  • methylene chloride or dichloromethane (DCM) and n-methylpyrrolidone (NMP) in paint stripper products; 
  • trichloroethylene (TCE) as a degreaser and a spray-on protective coating; 
  • antimony trioxide (ATO) as a synergist in halogenated flame retardants; and 
  • 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8,-hexamethylcyclopenta-[γ]-2-benzopyran (HHCB) as a fragrance ingredient in commercial and consumer products.

A brief summary of the risk assessments can be downloaded in PDF format.

More information can be read on the EPA website.

Wednesday, January 2, 2013

EDF Questions Independence of TERA Kids Chemical Safety Site

Recently, the Toxicology Excellence in Risk Assessment (TERA) non-profit group teamed up with the American Chemistry Council (ACC) and others to initiate a website called Kids + Chemical Safety. The site purports to provide "up-to-date health information on chemical hazards and chemical safe use in children." Its tagline is "+ Balanced, scientifically accurate chemical health information." Scientist Richard Denison of the Environmental Defense Fund (EDF), however, questions TERA's independence.

After pointing out that being a non-profit "does not conflate to, or somehow confer the right to claim, objectivity or independence" (noting that the NRA and EDF itself are non-profits but have a clear perspective on the issues they address), Denison goes on to suggest that the site is not what it seems.

Denison categorizes the topics of the website into two groups: 1) those that are "largely outside of the vested interests of the site's most prominent sponsor" (i.e., ACC), and 2) those that "fall squarely within those vested interests." Denison argues that those two categories "are treated very differently on the website." I'll leave it to you to read his arguments and determine whether his case is valid.

The issue that the website and Denison's counterpoint raises is really about how the public gets its information on the health and safety of products on the market. Ideally all products would have been proven safe to the extent such a proof is possible, with the information from the multiple studies involved synthesized and presented in language both trustworthy and easy to understand by the general public. But this is rarely the case.

Part of this is because science is messy. It doesn't always give us an easy and definitive answer. More comprehensive pre-market testing would help, but in many cases there is no way to prove a negative, i.e., that actual use might result in some unforeseen hazard. We're probably stuck with that uncertainty, though we clearly can do more to reduce it. 

But part of the communication problem is also because the public has learned to distrust the information that is being presented to it. Independent sites could be a good way to build trust, as scientifically accurate information is distilled into something we can all understand. That requires true independence. Unfortunately, too many "grassroots" public information campaigns have turned out to be "astroturf," i.e., they may look real from a distance but are revealed to be fake upon closer inspection. It is small wonder that the public has developed a cynical attitude toward the information it receives.

Clearly Richard Denison feels the new TERA site, in part supported by the chemical industry, does not adequately achieve the independence needed to inspire the public's confidence.

Again, please read Denison's argument before deciding if he makes his case. But also think about how data can be presented in a way that can be both trustworthy and useful. After all, the goal is to inform the public - first, to ensure reasonable protection of their health and safety, and second, to avoid the irrational fear of the unknown caused by lack of reliable and dependable information.

Friday, December 28, 2012

Lisa Jackson Resigns as EPA Administrator

As comes as no surprise to anyone, EPA Administrator Lisa Jackson has announced that she will resign her post. While not giving an exact date, it is widely expected to be shortly after President Obama is sworn in for his second term and as late as his State of the Union address. Jackson did not indicate any particular position she had lined up but likely there are several options both in Washington DC and in her home state of New Jersey.

A successor has not yet been named, though current deputy administrator Robert Perciasepe will serve as acting administrator until a new administrator is nominated by the President and confirmed by the Senate. Perciasepe has been with the EPA off-and-on for about 20 years in various capacities. After leaving EPA in 2003 to serve as COO for the National Audubon Society, he returned at the request of Obama and Jackson in 2009.

Jackson's announcement is the most recent in the fire-sale of Cabinet-level resignations that often follows the reelection of a President. Other Cabinet officials who have announced they are leaving, or have at least unofficially signaled they would soon leave, include Secretary of State Hillary Clinton, Treasury Secretary Geithner, and others. Senator John Kerry has already been nominated by President Obama to be head of the State Department. Kerry has indicated, as has Obama, that climate change will be a relevant issue to be pursued in Obama's second term. This may impact the choice of a replacement for Jackson. While attempts to pass climate change legislation early in Obama's first term, including a bill co-authored by Kerry, as well as regulatory action by EPA, were met by Republican obstruction, look for the new EPA Administrator to have significant influence on this topic.

Thursday, December 27, 2012

EPA and NSF Offer Grants for Green Chemistry, Life Cycle Research

The USEPA and the National Science Foundation (NSF) announced on December 20, 2012 that they would offer grants for up to ten different research projects - totaling $32 million. The grants will be divided between two areas of research.

For Networks for Characterizing Chemical Life Cycle research, interested parties can get more information here.

For Networks for Sustainable Molecular Design and Syntheses, interested parties can get more information here.

Requests for applications for the grants are due by March 18, 2013.

Tuesday, December 18, 2012

ECHA Lists 54 Substances of Very High Concern

The European Chemicals Agency (ECHA) plans to add another set of substances of very high concern (SVHC) to the candidate list under the REACH Regulation. The 54 new substances brings the total on the candidate list to 138. Most of the substances listed are CMRs, i.e., carcinogenic, mutagenic or reproductive toxicants, or PBTs, i.e., persistent, bioaccumulative and toxic. Three of the new substances are listed because they exhibit "equivalent concern," a more nebulous characteristic that covers any toxicity or other concern that does not fit neatly into one of the other categories, e.g., endocrine disruption, or in this case, strong respiratory sensitizers.


All of the substances on the candidate list are evaluated for inclusion on the Annex XIV Authorization list.

The full list of candidate list substances can be found in the table here.

Wednesday, December 5, 2012

ECHA Cancels REACH Registrations Because Companies Misrepresented Themselves

The European Chemicals Agency (ECHA) in Helsinki, Finland has revoked "a number of" REACH registrations because the registrants misrepresented their size. Size is important because the registration fee is dependent on the size of the entity submitting the registration. Small and Medium Sized Enterprises (SMEs) are allowed a significant discount to avoid disproportionate costs of registration compared to market value. According to ECHA, this "ensures equal and fair treatment of registrants." Companies declare their size when registering the fee is assigned automatically when the registrant makes their electronic dossier submission. Once submitted registration dossiers pass a completeness check, which includes payment of the fee, the registrant is given a registration. This generally occurs within three weeks of submission.

In their more comprehensive review since the November 2010 submission deadline, ECHA has determined that some companies inappropriately claimed they were SMEs when they did not, in fact, qualify for that designation or the reduced fee. Those companies that cannot document their SME status or pay the full size entity fee are considered to have failed the completeness check. In those cases ECHA has chosen to revoke the registration, which means the companies can no longer legally manufacture or import the chemical substance in question.

More details on the revocation can be found on the ECHA website.

Monday, November 19, 2012

Book Review – Am I Making Myself Clear? A Scientist’s Guide to Talking to the Public by Cornelia Dean

A much needed book for scientific and non-scientific communities alike. Written by science writer (and former New York Times editor) Cornelia Dean, the book makes the case that scientists need to make “their work more accessible to the media, and thus to the public.” This doesn’t come naturally to most scientists, and so the book gives some practical tips on how scientists can accomplish this goal.

Dean starts with “an invitation to researchers” to put aside their natural reticence and distrust of the media and help themselves and journalists get the key messages of their science across to the public. Because there are plenty of people out there who don’t hesitate to misinform the public about the science in order to protect their own interests (e.g., the climate change debate). In ensuing chapters she provides some insights into how scientists can better “know your audience,” help educate and work with journalists, and how to get the message across on radio and TV, online, and in the courtroom. She also offers tips on writing books, writing Op-Eds and letters to news outlets, and writing about science and technology in other venues.

Two of the most valuable chapters actually have to do with how journalists cover science issues. In “Covering Science,” Dean notes some of the differences in style and communication between journalism and scientific writing. These differences set up an inherent conflict. Scientific researchers view journalists as being superficial, insufficiently concerned with accuracy, focused on controversy, and even “ignorant.” In turn, journalists view researchers as boring, “caveating things to death,” prone to incomprehensible jargon, and incapable of drawing a definitive conclusion. In “The Problem of Objectivity,” Dean discusses the limitations of journalistic “balance” in which one opposing voice is given equal weight to the thousands of proponent voices because both sides are represented. This journalistic trait is exploited by, for example, climate change deniers, who know that TV interviews with one scientist and one naysayer (even if he is a non-scientist) looks to the public like “two sides” of a debate, even when the science is overwhelmingly in favor of one view. Given that it is often difficult for a journalist to know the state-of-the-art of the science, this opens the door for imbalance in an effort to provide balance.

Perhaps the most valuable chapter to scientists is “The Scientist as Source.” Here Dean provides some practical hints as to how scientists can best interact with journalists. Again she encourages scientists to put aside their hesitations to speak to the press and to embrace the opportunity to get out a message that accurately reflects both the research itself and the ramifications of that research to the public.

“Am I Making Myself Clear?” is quite readable, as one might expect from a science journalist. I recommend reading this book along with Chris Mooney and Sheril Kirshenbaum’s Unscientific America and Randy Olson’s Don’t Be Such a Scientist. All three books are useful to the scientist to help him or her relate better to the public, and to the public at large to better understand how science works.

Monday, October 1, 2012

FutureTox: Building the Road for 21st Century Toxicology and Risk Assessment Practices

FutureTox: Building the Road for 21st Century Toxicology and Risk Assessment Practices—October 18–19, 2012

In just a few weeks, scientists will gather to participate in the "FutureTox: Building the Road for 21st Century Toxicology and Risk Assessment Practices" meeting. FutureTox will address the challenges and opportunities associated with effective and efficient implementation of cutting-edge toxicity testing technologies and tools that will inform hazard prediction and risk assessment. This SOT Contemporary Concepts in Toxicology meeting will be held on October 18–19, 2012, in Arlington, Virginia. In addition to SOT, the Dow Chemical Company, US Food and Drug Administration (US FDA), ILSI Health and Environmental Sciences Institute Risk 21, Human Toxicology Project Consortium, and the National Institute of Environmental Health Sciences (NIEHS) are sponsors. FutureTox will provide information of great relevance to scientists in academia, government, and industry.

The Organizing Committee includes James S. Bus and Craig Rowlands, The Dow Chemical Company; Kim Boekelheide, Brown University; Russell S. Thomas, The Hamner Institutes for Health Sciences; Vicki L. Dellarco, US Environmental Protection Agency (US EPA); Marty Stephens, Human Toxicology Project Consortium; George P. Daston, Procter & Gamble; Suzanne Compton Fitzpatrick, US Food and Drug Administration; Raymond R. Tice, NIEHS; Robert J. Kavlock, US EPA; and Laurie C. Haws, ToxStrategies.

For general information, to review the program, and to register, visit the FutureTox website.

Friday, September 21, 2012

EOA Posts List of Safer Chemical Ingredients

From the USEPA:

"The U.S. Environmental Protection Agency today posted a List of Safer Chemical Ingredients that contains chemicals that meet stringent criteria applied by the Design for the Environment (DfE) Safer Product Labeling Program. This program recognizes products that are high-performance and cost-effective while using the safest chemical ingredients. At present, more than 2,800 common household and other products carry the DfE Safer Product Label. This list of safer chemical ingredients will help product manufacturers identify chemicals that the DfE program has evaluated and identified as safer alternatives.  This list only includes chemicals in products that were voluntarily submitted for evaluation through the DfE Safer Product Labeling Program. There may be other chemicals not included in this list that are also safer."

The safer ingredients list can be found here

Tuesday, September 18, 2012

Former EPA Administrator Russell Train Has Died

Former EPA Administrator Russell Train passed away at the age of 92 on September 17, 2012. Train was the second Administrator of the Agency, serving under President's Nixon and Ford from 1973 to 1977. Prior to EPA he had founded several wildlife organizations and served as the first vice-president of the World Wildlife Fund (WWF). He was later made Chair Emeritus of the the WWF, returning there after leaving the EPA.

A statement by Carter Roberts at WWF can be read here.

An EPA biographer of Russell Train can be read here.

An article about Train's passing is here.

More information on Russell Train's career here.

Monday, September 17, 2012

ECHA Strengthens Compliance Check Strategy

From the European Chemicals Agency (ECHA):

"To ensure increased compliance of REACH registration dossiers, ECHA carries out both full compliance checks of the dossiers and now more effectively also targets its evaluation to specific parts of them.

In a full compliance check, ECHA addresses the full dossier content in a single evaluation exercise, especially for randomly selected registration dossiers. This means that ECHA performs a systematic evaluation of all information requirements in the technical dossier (e.g. physico-chemical, environmental and human health endpoints), including the corresponding elements and conclusions provided in the chemical safety report (i.e. PBT/vPvB assessment, classification and labelling, exposure assessment and risk characterisation). Where a dossier is non-compliant with an information requirement, ECHA will request the information in a single decision. The decision is taken in cooperation with the Member States.

In a targeted compliance check, ECHA evaluates only a specific part of the registration dossier based on specified concerns. Selected (groups of) endpoints or criteria, called areas of concern, have been identified that are in particular relevant for the safe use of substances.  The ultimate goal is to focus on those endpoints that matter for human health and the environment. Emphasis will be given to Persistent, Bioaccumulative and Toxic (PBT);  Carcinogenic, Mutagenic or Toxic to reproduction (CMR); or sensitising (S) properties of a substance. IT-assisted targeting combined with expert judgement will help to achieve the necessary increased compliance of the registration dossiers. The chances of non-compliant dossiers being picked up for compliance check are now higher. Dossiers submitted individually outside an existing joint submission and dossiers with obviously incomplete essential elements will be automatically selected for compliance check."

The full press release can be read here.