Chemicals Policy ReformConfluence and Context

Presentation by Cheyenne Chapman, JD, LLM

Product Stewardship InstituteAnd Northwest NAHMMA Chapter ConferenceChemicals Policy State and Regional Update

June 3, 2009Seattle, WA

An unprecedented confluence of challenges . . . .

We’re seeing increasing product bans manifesting themselves in state legislation and even local laws. We also see retailers banning products. This is all a direct result of the lack of public confidence in the effectiveness and the efficacy of our chemical management system.

We would like the federal government, through the EPA, to have the ultimate authority to identify “chemicals of greatest concern” and determine their safety . . .

Rather than individual states coming up with their own regulations

. . . for Calvin M. Dooley and the ACC

ACC Calls for Next Generation of Chemical RegulationThe American Chemistry Council is leading the way in the drive to modernize the Toxic Substances Control Act (TSCA) and enhance public confidence in our federal chemical management system. American consumers deserve no less.

. . . and for can manufacturers? Manufacturers of cans for

beverages and foods and some of their biggest customers, including Coca-Cola, are trying to devise a public relations and lobbying strategy to block government bans of a controversial chemical used in the linings of metal cans and lids.

"Their 'holy grail' spokesperson would be a 'pregnant young mother who would be willing to speak around the country about the benefits of BPA,' " the notes said.

Who are these people?Why are they so happy?

Local

First in the nation ban on sale of baby bottles and cups

containing Bisphenol-A

The Toxin Free Toddlers and Babies ActSuffolk County, New York

April 2, 2009

State and Local Policy Categories Pollution Prevention & Toxics Use Reduction Single Chemical Restrictions Multiple Chemical Restrictions Regulation of Product Categories Biomonitoring & Environmental Health Tracking and Surveillance

Systems Data Collection Right to Know Prioritization Alternatives Assessment Green Chemistry & Design for the Environment Product Stewardship Environmentally Preferable Purchasing Precautionary Principle

State “Comprehensive”

Maine Washington California Minnesota

Single Chemical (BPA) Minnesota Connecticut

State coalitions take action

www.saferstates.org

CA – WA – MN – MI – NY – MA – ME – CTAnd many other ally states and partners

FederalRevisiting the Toxic Substances Control Act of 1976

Congressional Hearing by House Energy and Commerce Committee – Commerce, Trade and Consumer Protection Subcommittee

Chaired by the HonorableRep. Bobby L. Rush (D-IL)

February 26, 2009

State and Federal Roles

THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release

May 20, 2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE

DEPARTMENTS AND AGENCIES

SUBJECT: Preemption

President Obama’s Memorandum

The Federal Government's role in promoting the general welfare and guarding individual liberties is critical, but State law and national law often operate concurrently to provide independent safeguards for the public. Throughout our history, State and local governments have frequently protected health, safety, and the environment more aggressively than has the national Government.

As Justice Brandeis explained more than 70 years ago, "[i]t is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."

Federal proposal examples

TSCA Reform Kids Safe Chemicals Act of 2009 Single Chemical - Bisphenol A Single Product – Cosmetics Environmental Justice Research and Funding Chemical Security

International Stockholm Convention COP-4 (Congress of

the Parties), Geneva, May 4-8, 2009

POPs (Persistent Organic Pollutants) and POPs Review Committee

Ratification requires ability to implement obligations – must reform TSCA

Closing the loop - place

Bhopal Disaster – 1984 Accidental release of 40 metric tons of methyl isocyanate from a Union Carbide Indian pesticide plant in heart of city resulted in the killing thousands, and injured 100s of thousands.

Closing the loop - time

Berkeley City CouncilResolution

May 19, 2009

That the City Council proclaim December 3, 2009, the 25th

anniversary of the disaster in Bhopal, as “Berkeley Day of Remembrance for

Victims of Industrial Pollution in Bhopal.”

Finding our way forward . . .

Where an activity raises threats of harm to the environment or human health, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.

Wingspread Statement on the Precautionary Principle

“We must follow the precautionary principle and be pro-active, especially when the health of our most vulnerable citizens, our babies and young children, is at risk and safe alternatives are

available.”

Suffolk County Legislator Steve Stern, The Toxin Free Toddlers and Babies Act Sponsor

Chemicals Policy ReformPioneers in New Territory

Thank you!