Toxic Substances Control Act

Earth Justice, the United Steelworkers, the Environmental Defense Fund and other public interest groups are suing the Trump administration over two new regulations to address toxic substances. The groups filed petitions last week with the U.S. Court of Appeals for the 9th Circuit. They are asking to court to review the rules which EPA published on July 20, 2017. The groups will argue that the regulations are contrary to Congress' intent. The Natural Resources Defense Council's Daniel Rosenberg and Jennifer Sass use these photos to illustrate the matter.  It's the difference between what…
[This post is dedicated to Doug Larkin. Doug was the co-founder of the Asbestos Disease Awareness Organization. He suffered in recent years with Amyotrophic Lateral Sclerosis (ALS) and passed away yesterday.]  Dallas-based OxyChem imports about 300,000 pounds of asbestos each year. Yes, asbestos. The deadly mineral that most Americans think is banned (it's not) and responsible for about 15,000 U.S. cancer deaths annually. OxyChem is likely the largest asbestos importer in the U.S. The company is required under the Toxic Substances Control Act (TSCA) to report its asbestos imports to the EPA.…
The Environmental Defense Fund’s (EDF) Richard Denison, PhD tipped me onto news that the chemical industry’s chief trade association now has one of its own in a key EPA office. Nancy Beck, PhD began work on Monday as second in command of EPA’s Office of Chemical Safety and Pollution Prevention. Immediately prior to her appointment, Dr. Beck was with the American Chemistry Council (ACC) in the position of Senior Director of Regulatory Science Policy. Prior to that she worked in the White House's regulatory czar's office during parts of the G.W. Bush's and Obama's administrations. President…
The U.S. Senate passed a resolution last night urging Surgeon General Vivek H. Murthy to warn the public about the risk of asbestos exposure. The deadly mineral continues to be imported to the U.S. S. Res. 98 designates the first week of April as “National Asbestos Awareness Week.” The Senators note that the U.S. continues to use tons of asbestos every year despite its well-known danger. The resolution acknowledges: Thousands of workers in the U.S. face significant asbestos exposure Thousands of people in the U.S. die from asbestos-related diseases every year The  U.S. Geological Survey…
Canada's Minister of Science Kirsty Duncan announced today that her country plans to implement a comprehensive ban on asbestos by 2018. The proposal includes: Banning the import of asbestos-containing products such as construction materials and brake pads; Expanding the on-line registry of asbestos-containing buildings; Prohibiting the use of asbestos in new construction and renovation projects; and Improving workplace health and safety rules to limit the risk of contact with asbestos. Duncan indicated that the Canadian government's action will involve several agencies. Foreshadowing that…
EPA deserves another pat on the back. The agency is again moving swiftly to use its authority under the chemical safety law passed by Congress earlier this year. Yesterday the agency announced a proposed rule to ban the use of trichloroethylene (TCE) in two specific applications. If adopted, TCE would be prohibited from use as a spot- cleaning agent in dry cleaning operations and as an aerosol spray degreaser in commercial and consumer settings. Exposure to TCE is associated with adverse health effects to the kidneys, liver, and immune and reproductive systems. It is a developmental toxin,…
Good for them! They beat Congress’ deadline by 20 days. That’s the first thing that came to mind yesterday when I read EPA’s announcement about the first 10 chemicals it's selected for risk evaluations. EPA’s announcement is the first major milestone established by Congress when it passed sweeping changes earlier this year to the Toxic Substances Control Act. One provision of the law (Section 2605(b)(2)(A)) directed EPA to select 10 chemical substances from its 2014 "TSCA Work Plan for Chemical Assessments" and begin risk evaluations on them no later than 180 days after the law was enacted (i…
The U.S. Environmental Protection Agency (EPA) has announced the first five chemicals it will “fast-track” under the Frank R. Lautenberg Chemical Safety Act for the 21st Century (LCSA). The EPA now has until June 22, 2019 to identify where these chemicals – all considered persistent, bioaccumulative and toxic – are used, how exposures occur, and propose possible restrictions on their use. “The threats from persistent, bioaccumulative and toxic chemicals [PBTs] are well-documented,” Jim Jones, assistant administrator in EPA’s office of chemical safety and pollution prevention, explained in a…
Just 10 years ago, it wouldn’t have been possible to bring leading physicians, scientists and advocates together in a consensus on toxic chemicals and neurological disorders in children, says Maureen Swanson. But with the science increasing “exponentially,” she said the time was ripe for a concerted call to action. Swanson is co-director of Project TENDR (Targeting Environmental Neuro-Developmental Risks), a coalition of doctors, public health scientists and environmental health advocates who joined forces in 2015 to call for reducing chemical exposures that interfere with fetal and child…
Asbestos has long been the poster-child for the United States’ failure to adequately protect Americans from hazardous chemicals. Yet despite its notoriety, asbestos remains in use, exposing, not only workers but also their families, communities and in some cases, consumers to a known and deadly carcinogen. It’s been widely hoped – even expected – that the updated Toxics Substance Control Act (TSCA) would finally address this problem. But as the U.S. Environmental Protection Agency (EPA) gets to work implementing the Lautenberg Chemical Safety Act (LCSA), a battle is shaping up around asbestos…
 The Frank R. Lautenberg Chemical Safety Act for the 21st Century was signed into law with a general sigh of relief that finally, the U.S. Environmental Protection Agency (EPA) would have the authority needed to evaluate and regulate the tens of thousands of commercial chemicals it oversees in the U.S. But as the EPA begins implementing the new law, the chemical industry is already busy pushing the agency to limit scrutiny of various widely used, highly toxic chemicals. Among the EPA’s first tasks under the Lautenberg Act is to enact rules outlining how it will prioritize chemicals for review…
As the U.S Environmental Protection Agency (EPA) begins work under the Lautenberg Chemical Safety Act for the 21st Century (LCSA) – the updated Toxic Substances Control Act – more striking divisions are emerging between what environmental health advocates and what chemical manufacturing and industry groups want from the law. These go beyond what was voiced during the public meetings the EPA held in early August to gather input on the rules it will use to prioritize chemicals for review and evaluate those chemicals’ risks. A look at the written comments now submitted to the agency underscores…
by Elizabeth Grossman Among the big changes the Frank R. Lautenberg Chemical Safety Act for the 21st Century (LSCA) makes in the Toxic Substances Control Act (TSCA) is that it requires the U.S. Environmental Protection Agency (EPA) to protect those most vulnerable to chemical exposures. It’s a concept that was not part of TSCA. But exactly who it will protect and how the EPA will interpret this requirement remains to be seen. Comments from environmental, public health advocates and medical professionals at the EPA’s August 9th and 10th public meetings suggest this provision will be key to…
President Obama signed into law today a bill to improve the way toxic substances are regulated and allowed into products that enter our homes, schools, and workplaces. The Frank R. Lautenberg Chemical Safety for the 21st Century Act is the first amendment in 40 years to the Toxic Substances Control Act of 1976 (TSCA). During the White House signing ceremony, the President explained why the new law is needed: "...the system was so complex, so burdensome that our country hasn't even been able to uphold a ban on asbestos --a known carcinogen that kills as many as 10,000 Americans every year. I…
A major health and environmental law is headed to the President’s desk for his signature. The Frank R. Lautenberg Chemical Safety Act passed the US Senate this week by a bipartisan voice vote, and earlier passed the House by an overwhelming 403-12 margin. Science magazine’s Puneet Kollipara wrote the new law: “…is perhaps the most far-reaching and influential environmental statute passed by Congress since the body updated the Clean Air Act in 1990.” The coalition Safer Chemicals, Health Families prepared this recap of it of the new law. But I've observed an unusual thing on the public health…
In the U.S., just a tiny fraction of the chemicals used in consumer products have been tested for human health effects. And with the current climate in Congress, it feels unlikely that we’ll see any true reform of the nation’s terribly outdated chemical safety rules anytime soon. In the meantime, scientist Thomas Hartung may have created the next best thing. In the simplest terms, Hartung and colleagues took what is the world’s largest and richest database of chemical toxicity research — a database produced in accordance with the European Union’s Registration, Evaluation, Authorization and…
The American Chemistry Council (ACC) has teamed up with the Environmental Defense Fund (EDF) to push a bill in Congress to amend the Toxic Substances Control Act of 1976 (TSCA). We’ve written previously (e.g., here, here, here) about this flawed legislation (S.697). Regrettably, it has 55 Republicans and Democrats supporting it and the full Senate will likely be voting on the bill in the coming weeks. Although EDF and ACC assert broad support for the legislation, I wish the Senators would pay attention to the 450 health, environmental and labor groups that oppose S.697.  Their coalition is…
Congress continues to take key legislative steps to reform the 40 year old Toxic Substances Control Act (TSCA). The latest move came last week in a subcommittee of the House Energy and Commerce Committee. In a bi-partisan unanimous vote (21-0) on May 14, the Subcommittee on Environment and Economy reported out the TSCA Modernization Act. It is now ready for action by the full Committee. We’ve reported previously on The Pump Handle about a TSCA reform bill making its way in the Senate. The Vitter/Udall bill (S.697) has 39 co-sponsors, evenly split between Republicans and Democrats. Kim…
[Update below (5/15/15)] by Cora Roelofs, ScD Kudos to Sarah Maslin Nir for shedding light on the working conditions faced by nail salon workers in her recent two-part New York Times exposé “Perfect Nails, Poisoned Workers.” I and others across the country have been working to document and illuminate the effects of the systematic failures that produce the unhealthful conditions faced by these workers and, many times, their employers as well. As described in our investigation of nail salon conditions in Boston, despite tremendous evidence of bad conditions and symptoms related to work in these…
They’ve called it a failure and a broken law. That’s how the public health community, agency officials, some lawmakers and others have characterized the nearly 40 year old Toxic Substances Control Act (TSCA). When any of them are looking for a poster child to illustrate why TSCA’s a failure, they most often point to one toxic: asbestos. EPA tried in 1989 to ban most uses of asbestos. But TSCA is so convoluted that the ban didn't withstand a lawsuit which was brought by producers and users of the deadly mineral fibers. So we are stuck with a law in which one of the most well-researched, and…