Chemicals Policy Reform
Confluence and Context
Presentation by Cheyenne Chapman, JD, LLM
Product Stewardship Institute
And Northwest NAHMMA Chapter Conference
Chemicals Policy State and Regional Update
June 3, 2009
Seattle, WA
An unprecedented
confluence of challenges . . . .
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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
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ACC Calls for Next Generation of Chemical Regulation
The 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?
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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 Act
Suffolk County, New York
April 2, 2009
State and Local Policy Categories
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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
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“Comprehensive”
 Maine
 Washington
 California
 Minnesota
Single Chemical (BPA)
 Minnesota
 Connecticut
State coalitions take action
www.saferstates.org
CA – WA – MN – MI – NY – MA – ME – CT
And many other ally states and partners
Federal
Revisiting the Toxic
Substances Control Act of
1976
Congressional Hearing by
House Energy and
Commerce Committee –
Commerce, Trade and
Consumer Protection
Subcommittee
Chaired by the Honorable
Rep. 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
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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.
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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
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TSCA Reform
Kids Safe Chemicals Act of 2009
Single Chemical - Bisphenol A
Single Product – Cosmetics
Environmental Justice
Research and Funding
Chemical Security
International
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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 Council
Resolution
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 Reform
Pioneers in New Territory
Thank you!