Amidst the cacophony of jingoist, vacuous blather at the Republican Convention there were some noteworthy phrases that probably slipped by most viewers. A number of speakers talked about the need to reign in the activities of the Environmental Protection Agency, the “EPA.” That is something one would expect from Republicans who want as little government interference in their life as possible. But these are the same Republicans who voted to update the 1976 Toxic Substances Control Act that finally was passed in June by Congress with bipartisan approval after ten years of debate. This update was very much needed because significant information has been accumulated since 1976 about exposure to chemicals in the environment and their potential effect on health.
The old law required companies to register new chemicals that would enter commerce with the EPA but there was no requirement to furnish any safety data, and there was no provision for EPA to tackle the risks associated with chemicals already on the market at the time. The assumption was that chemicals are safe unless shown to be otherwise. The EPA did have the power to ban a chemical, but the burden of proof of harm was on the agency. Also, the economic downsides had to be factored in before the use of any chemical was limited. With companies introducing about 700 chemicals every year, and the EPA inventory building up to some 85,000 substances, the task of ferreting out dangerous ones is overwhelming. While determining risk when exposure is high, such as in an occupational setting, is relatively easy, determining risk to consumers who may be exposed to some chemical in tiny amounts over a long period is daunting.
But under the new law, EPA has to examine a chemical before it is put on the market and make a decision about safety. The risk assessment will take into account how a chemical is used. For example, a fluorinated compound may be deemed to be fine for use in airplane fire extinguishers, but not as an oil repellant in pizza boxes. An important new feature is that the agency will now have the authority to ask for information from producers about studies that have been carried out and can even ask for further studies. Another new facet is that EPA does not have to consider the economic implications of declaring a substance to be toxic. Furthermore, it is going to be much tougher for a company to withhold information claiming trade secrecy.
There are also 90 chemicals that have been identified as meriting investigation and possible regulation with EPA having to adhere to mandatory deadlines. The new bill has the support of the chemical industry because it should reduce consumer angst given that EPA will now be charged with examining the safety of chemicals before they go on the market. But here is the issue. While Republicans in the House voted for the bill, they also voted to cut the EPA’s funding and staffing for 2017. If EPA is going to carry out its new duties effectively, it will need more, not less funding. The plan is that some of the shortfall will be offset by charging companies fees for submitting chemicals for EPA to review. That may not sit well with Republicans.