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Page 1: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Happy Earth Happy Earth Day Day

Page 2: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

First Earth DayFirst Earth Day

Senator Gaylord Nelson (Wisconsin)Senator Gaylord Nelson (Wisconsin)– Building on idea of anti-war rallies, decided Building on idea of anti-war rallies, decided

to hold “teach-in” about environmentto hold “teach-in” about environment– April 22, 1970 estimated 20 million people April 22, 1970 estimated 20 million people

(10% US population) participated(10% US population) participated

Page 3: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Toxic SubstancesToxic SubstancesToxic SubstancesToxic SubstancesES118 Spring 2008ES118 Spring 2008

Page 4: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Love CanalLove Canal

Hooker Chemical Co. dumped tons of toxic waste Hooker Chemical Co. dumped tons of toxic waste (PCBs, dioxin, benzene, lindane…) in Niagara Falls, (PCBs, dioxin, benzene, lindane…) in Niagara Falls, NYNY

1953 Hooker sold site to Niagara Falls School Board 1953 Hooker sold site to Niagara Falls School Board for $1 and deed that absolved them of liabilityfor $1 and deed that absolved them of liability

1978 State disclosed site could be harmful1978 State disclosed site could be harmful 1,000 families affected, higher miscarriage rate, 1,000 families affected, higher miscarriage rate,

many more birth defectsmany more birth defects Lois Gibbs formed homeowners association, Lois Gibbs formed homeowners association,

national attentionnational attention

Page 5: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Love Canal--ImpactLove Canal--Impact

1978 President Carter declared LC 1978 President Carter declared LC federal disaster area, cleanup beganfederal disaster area, cleanup began

Occidental Petroleum (bought Hooker) Occidental Petroleum (bought Hooker) ultimately paid over $200 million to ultimately paid over $200 million to state, federal government and state, federal government and residentsresidents

Led to major federal legislation that Led to major federal legislation that gave EPA authority to control gave EPA authority to control hazardous wastehazardous waste

Page 6: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Aftermath of Love Aftermath of Love CanalCanal 1980 Comprehensive Response, Compensation, and 1980 Comprehensive Response, Compensation, and

Liability Act (CRCLA),Liability Act (CRCLA), commonly known as “Superfund” commonly known as “Superfund”– Goal: Identify hazardous waste sites and clean up sites on a priority Goal: Identify hazardous waste sites and clean up sites on a priority

basisbasis– Worst sites put on Worst sites put on National Priorities ListNational Priorities List (NPL) and scheduled for (NPL) and scheduled for

cleanupcleanup– Make responsible parties pay for cleanup when possibleMake responsible parties pay for cleanup when possible– Initially $1.6 billion fund to identify and clean up worst sites, tax on Initially $1.6 billion fund to identify and clean up worst sites, tax on

manufacturers of certain organic chemicals and oil importersmanufacturers of certain organic chemicals and oil importers– 1986 Superfund Amendments and Reauthorization Act (SARA) “right 1986 Superfund Amendments and Reauthorization Act (SARA) “right

to know” policy to know” policy – Emergency Planning and Community Right-to-Know Act provided for Emergency Planning and Community Right-to-Know Act provided for

public release of information about chemicals made by, stored in, public release of information about chemicals made by, stored in, and released by businesses through and released by businesses through Toxics Release Inventory Toxics Release Inventory (TRI)(TRI)

What happened?What happened?– >44,000 sites evaluated, by 2004 about 1,200 active NPL sites, and >44,000 sites evaluated, by 2004 about 1,200 active NPL sites, and

about 900 cleaned up and/or removedabout 900 cleaned up and/or removed– >$27 billion spent>$27 billion spent– Depletion of trust fund under Bush Administration in 2003, relies Depletion of trust fund under Bush Administration in 2003, relies

now on annual appropriations of tax dollars and money recovered now on annual appropriations of tax dollars and money recovered from companies linked to sitesfrom companies linked to sites

Page 7: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

OverviewOverview

Milestones and extent of problemMilestones and extent of problem Factors that affect toxicity and Factors that affect toxicity and

classes of toxic substancesclasses of toxic substances How do we monitor impact of How do we monitor impact of

toxic substances?toxic substances? How do we regulate toxic How do we regulate toxic

substances? substances? Extent and impacts

Toxicity factors and classesMonitoring

Regulation and information

Page 8: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Extent and impacts

Toxicity factors and classesMonitoring

Regulation and information

Page 9: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,
Page 10: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

The chemical The chemical revolutionrevolution

The number and amount of chemicals substances The number and amount of chemicals substances sold commercially in the US has grown dramaticallysold commercially in the US has grown dramatically

Page 11: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

How widespread a How widespread a problem?problem? 35,000 chemicals used daily in US industry35,000 chemicals used daily in US industry

– 500-1,000 new chemicals created annually500-1,000 new chemicals created annually– 120,000 US establishments create and 120,000 US establishments create and

distribute chemicalsdistribute chemicals– <7% proposed for manufacture % EPA reviewed<7% proposed for manufacture % EPA reviewed

> 20,700 pesticides used in US, and >1.2 > 20,700 pesticides used in US, and >1.2 billion lbs of pesticides produced annually, billion lbs of pesticides produced annually, with >890 active ingredientswith >890 active ingredients

EPA has prohibited or restricted EPA has prohibited or restricted manufacture of more than 500 commercial manufacture of more than 500 commercial chemicals, including DDT, dioxin, asbestos, chemicals, including DDT, dioxin, asbestos, PCBsPCBs

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 12: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Are toxic substances Are toxic substances unique?unique?

Many are valuable for agricultural, Many are valuable for agricultural, industrial, or consumer productsindustrial, or consumer products– We often don’t have a good idea of We often don’t have a good idea of

the degree of risk of these chemicalsthe degree of risk of these chemicals– Probability of injury may be small for Probability of injury may be small for

any one individual, but since even any one individual, but since even low levels of exposure can be low levels of exposure can be harmful, often a problem for manyharmful, often a problem for many

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 13: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Toxicity responseToxicity response

Type and amount of health damageType and amount of health damage– Acute toxicityAcute toxicity: Immediate or rapid : Immediate or rapid

reactionreaction Subtle (e.g., cough or headache from urban air Subtle (e.g., cough or headache from urban air

pollution)pollution) Violent (e.g., convulsions induced from Violent (e.g., convulsions induced from

exposure to certain pesticides)exposure to certain pesticides)

– Chronic toxicityChronic toxicity: Permanent or long-: Permanent or long-lasting consequencelasting consequence

Examples: Mesothelioma, rare form of cancer Examples: Mesothelioma, rare form of cancer from exposure to asbestosfrom exposure to asbestos

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 14: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

What factors affect What factors affect toxicity?toxicity? DoseDose: Amount of a substance a person has : Amount of a substance a person has

ingested, inhaled, or absorbed through the skiningested, inhaled, or absorbed through the skin FrequencyFrequency and and durationduration of exposure of exposure Biological reactivityBiological reactivity of the chemical in question of the chemical in question AgeAge and and healthhealth of person exposed of person exposed Routs of exposureRouts of exposure

– Inhalation (e.g., smoking, sitting in traffic)--rapidInhalation (e.g., smoking, sitting in traffic)--rapid– Ingestion (e.g., food, liquids)Ingestion (e.g., food, liquids)– Dermal exposure (e.g., spilled on skin)—typically Dermal exposure (e.g., spilled on skin)—typically

slowslow How well a person can How well a person can detoxifydetoxify a substance a substance Genetic makeupGenetic makeup of a person of a person Synergistic responses: Synergistic responses: Response can be Response can be

greater than sum of individual chemicalsgreater than sum of individual chemicals Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 15: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Classes of toxic Classes of toxic substancessubstances

Much of our concern about toxic Much of our concern about toxic chemicals stem from the long-chemicals stem from the long-term increased risk fromterm increased risk from– MutagensMutagens– CarcinogensCarcinogens– TeratogensTeratogens– Immune and nervous systemImmune and nervous system– Endocrine systemEndocrine system

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 16: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

MutagensMutagens

Substances that can cause Substances that can cause mutations in DNA. Examples mutations in DNA. Examples include:include:– Chemicals (e.g., Benzene)Chemicals (e.g., Benzene)– Radiation (e.g., UV, high-energy Radiation (e.g., UV, high-energy

radiation)radiation)

Classes of toxic substances MutagensCarcinogensTeratogens

Immune & nervous systemsEndocrine system

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 17: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

CarcinogensCarcinogens

Chemicals or ionizing radiation that cause or Chemicals or ionizing radiation that cause or promote cancerpromote cancer– In US, approximately 1 in 2 men and 1 in 3 women In US, approximately 1 in 2 men and 1 in 3 women

will develop some form of cancerwill develop some form of cancer– In US, cancer kills about 560,000 people/yearIn US, cancer kills about 560,000 people/year– Worldwide, approximately 6 million people/yearWorldwide, approximately 6 million people/year

What is link between chemicals and cancer? What is link between chemicals and cancer? – We don’t know exactly, but 1 study in US est. 8,000 We don’t know exactly, but 1 study in US est. 8,000

cancer deaths from air pollution, 8,000 from food cancer deaths from air pollution, 8,000 from food additives and industrial products, and 16,000 from additives and industrial products, and 16,000 from occupational exposureoccupational exposure

– National Cancer Institute recognizes link between National Cancer Institute recognizes link between some cancer deaths and environmental pollutionsome cancer deaths and environmental pollution

Very difficult to make direct linkVery difficult to make direct link– Often 10-40 years may elapse between initial Often 10-40 years may elapse between initial

exposure and appearance of detectable symptomsexposure and appearance of detectable symptoms

Classes of toxic substancesMutagens

CarcinogensTeratogens

Immune & nervous systemsEndocrine system

Page 18: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

TeratogensTeratogens

Birth defects are physical (structural), biochemical, Birth defects are physical (structural), biochemical, or functional abnormalityor functional abnormality– Examples include cleft palate, lack of limbs, or spina bifidaExamples include cleft palate, lack of limbs, or spina bifida– Estimated 7-12% of all newborns in US have birth defectsEstimated 7-12% of all newborns in US have birth defects

Agents that cause harm or birth defects to a fetus Agents that cause harm or birth defects to a fetus or embryo called or embryo called teratogensteratogens. . Examples include:Examples include:– Ethyl alcohol (low birth weight, developmental problems)Ethyl alcohol (low birth weight, developmental problems)– RadiationRadiation– Chemicals (e.g., Thalidomide)Chemicals (e.g., Thalidomide)

We do not know what percentage of birth defects We do not know what percentage of birth defects caused by chemicals in the environmentcaused by chemicals in the environment

Classes of toxic substancesClasses of toxic substancesMutagensMutagens

CarcinogensCarcinogens TeratogensTeratogens

Immune & nervous systemsImmune & nervous systemsEndocrine systemEndocrine system

Page 19: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Immune & Immune & nervous nervous systemssystems Immune System: specialized cells and Immune System: specialized cells and

tissues that protect body against tissues that protect body against disease and harmful substances by disease and harmful substances by forming antibodies that make agent forming antibodies that make agent harmlessharmless– Examples: Dioxins and arsenic Examples: Dioxins and arsenic

Nervous system: Brain, spinal chord, Nervous system: Brain, spinal chord, and peripheral nervesand peripheral nerves– Example: snake venom is a neurotoxinExample: snake venom is a neurotoxin– PCBs, mercury, and certain pesticides are PCBs, mercury, and certain pesticides are

examplesexamples

Classes of toxic substancesClasses of toxic substancesMutagensMutagens

CarcinogensCarcinogensTeratogensTeratogens

Immune & nervous systemsImmune & nervous systemsEndocrine systemEndocrine system

Page 20: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Endocrine SystemEndocrine System

Complex network of glands that releases very Complex network of glands that releases very small amounts of hormones into the small amounts of hormones into the bloodstream of humans and other vertebrate bloodstream of humans and other vertebrate animalsanimals

Low doses of these “messengers” turn on and Low doses of these “messengers” turn on and off bodily systems that control sexual off bodily systems that control sexual reproduction, growth, development, learning reproduction, growth, development, learning ability, and behaviorability, and behavior– Examples: Examples: DioxinsDioxins at high levels are carcinogenic, at at high levels are carcinogenic, at

low levels may disrupt hormone receptorslow levels may disrupt hormone receptors– PthalatesPthalates: Softening agents added to plastics (e.g., : Softening agents added to plastics (e.g.,

IV bags, plastic milk jugs, pop bottles) act as IV bags, plastic milk jugs, pop bottles) act as estrogens and may be partly responsible for earlier estrogens and may be partly responsible for earlier onset of sexual maturity, affect male reproductive onset of sexual maturity, affect male reproductive health, and probable human carcinogenhealth, and probable human carcinogen

Classes of toxic substancesMutagens

CarcinogensBirth defects

Immune & nervous systems Endocrine system

Page 21: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

What do we know?What do we know?

National Academy of Science estimates: National Academy of Science estimates: – Only bout 10% of 80,000 chemicals in Only bout 10% of 80,000 chemicals in

commercial use thoroughly screened for toxicitycommercial use thoroughly screened for toxicity– Only 2% adequately tested to determine whether Only 2% adequately tested to determine whether

they are mutagens, carcinogens, or teratogensthey are mutagens, carcinogens, or teratogens– Even fewer tested for possible damage to Even fewer tested for possible damage to

nervous, endocrine, and immune systemsnervous, endocrine, and immune systems Worst toxics are persistent, Worst toxics are persistent,

bioaccumulative, toxic, and transport long bioaccumulative, toxic, and transport long distancesdistances

Page 22: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

How do we monitor the How do we monitor the problem?problem?

Body burden data Body burden data Human health indicators Human health indicators

(epidemiological approach)(epidemiological approach)

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 23: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Human health Human health indicatorsindicators Source:

National Cancer Institute

Page 24: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

How do we regulate toxic How do we regulate toxic substances?substances?

More than 24 federal laws and a dozen More than 24 federal laws and a dozen federal agencies are concerned with federal agencies are concerned with regulating the manufacture, distribution, regulating the manufacture, distribution, and disposal of toxic substancesand disposal of toxic substances– CAA and CWA deal primarily with by-CAA and CWA deal primarily with by-

products, while toxic substances often relate products, while toxic substances often relate to products we use/needto products we use/need

– CAA and CWA include special provisions CAA and CWA include special provisions regulating toxic and other “hazardous” regulating toxic and other “hazardous” pollutantspollutants

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 25: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Examples of types of Examples of types of toxics regulationtoxics regulation

Classes of chemicalsClasses of chemicals Mode of exposureMode of exposure

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 26: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Classes of chemicalsClasses of chemicals

Federal Insecticide, Fungicide, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)and Rodenticide Act (FIFRA) (agricultural chemicals)(agricultural chemicals)– Requires producers to conduct extensive Requires producers to conduct extensive

toxicology tests in the laboratory and the toxicology tests in the laboratory and the field before applying to produce and sell field before applying to produce and sell new agricultural chemicalsnew agricultural chemicals

– Problem: mandates testing for Problem: mandates testing for carcinogenicity, but does not mandate carcinogenicity, but does not mandate that a chemical be tested for some other that a chemical be tested for some other significant risks, or synergistic effectssignificant risks, or synergistic effects

Types of toxic regulationsTypes of toxic regulations Classes of chemicalsClasses of chemicals

Mode of exposureMode of exposureOther toxic substancesOther toxic substances

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 27: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Mode of exposureMode of exposure

Occupational and Safety and Occupational and Safety and Health Act (OSHA)Health Act (OSHA) limits limits workplace exposure to unhealthy workplace exposure to unhealthy levels of toxics and other levels of toxics and other dangerous substancesdangerous substances

Types of toxic regulationsTypes of toxic regulationsClasses of chemicalsClasses of chemicals Mode of exposureMode of exposure

Other toxic substancesOther toxic substances

Page 28: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

““Other” toxic Other” toxic substancessubstances

Toxic Substances and Control Act (TSCA)Toxic Substances and Control Act (TSCA) (1976)(1976)– ““Catch all” statutes regulates creation, manufacture, & Catch all” statutes regulates creation, manufacture, &

distribution of toxic substancesdistribution of toxic substances– In contrast to FIFRA, does NOT automatically require In contrast to FIFRA, does NOT automatically require

producers to conduct extensive battery of tests, so producers to conduct extensive battery of tests, so mostmost TSCA chemicals have not undergone broad TSCA chemicals have not undergone broad testingtesting

– Producer must file “pre-manufacture notification” Producer must file “pre-manufacture notification” (PMN) with EPA before import or manufacture chemical (PMN) with EPA before import or manufacture chemical not in currently in commercial use. EPA can approve or not in currently in commercial use. EPA can approve or restrictrestrict

– EPA also can examine chemicals that were in EPA also can examine chemicals that were in commercial use before law passedcommercial use before law passed

Types of toxic regulationsTypes of toxic regulationsClasses of chemicalsClasses of chemicals

Mode of exposureMode of exposure Other toxic substancesOther toxic substances

Page 29: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

What regulatory What regulatory options?options?

Government can ban a substance, or Government can ban a substance, or permit production and attempt to permit production and attempt to control exposurecontrol exposure

Government needs to decide on Government needs to decide on appropriate regulatory standardappropriate regulatory standard– Health-based approachHealth-based approach– Feasibility approachFeasibility approach– Use risk-benefit to regulate when risks Use risk-benefit to regulate when risks

outweigh social benefitsoutweigh social benefitsExtent and impacts

Toxicity factors and classesMonitoring

Regulation and information

Page 30: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Health-basedHealth-based

Proscribe all risks or significant risksProscribe all risks or significant risks Historic example of zero-risk approach is the Delaney Historic example of zero-risk approach is the Delaney

Clause in the Clause in the Federal Food Drug and Cosmetic Act Federal Food Drug and Cosmetic Act (FFDC)(FFDC)– If food If food additiveadditive causes cancer in animals, Delaney Clause causes cancer in animals, Delaney Clause

prohibits the additive’s useprohibits the additive’s use– Critics say unrealistic to ban something if only 1 in billions Critics say unrealistic to ban something if only 1 in billions

chance of cancerchance of cancer– Defenders argue that most risks turn out to be worse than Defenders argue that most risks turn out to be worse than

originally thought and require precautionary approachoriginally thought and require precautionary approach– Replaced in 1996 by Replaced in 1996 by Food Quality Protection ActFood Quality Protection Act (which (which

amended FIFRA and FFDCA)—does not use health-based amended FIFRA and FFDCA)—does not use health-based approach, uses risk-based approachapproach, uses risk-based approach

Clean Air Act (NAAQs), Safe Drinking Water Act Clean Air Act (NAAQs), Safe Drinking Water Act (Maximum Contaminant Level Goals) are other (Maximum Contaminant Level Goals) are other examples of health-based standardsexamples of health-based standards

Regulatory approachesRegulatory approachesHealth-basedHealth-based

FeasibilityFeasibilityRisk-benefitRisk-benefit

Page 31: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Feasibility statutesFeasibility statutes

Reduce risk as technologically or Reduce risk as technologically or economically feasibleeconomically feasible

OSHAOSHA– Congress requires agencies to reduce toxic Congress requires agencies to reduce toxic

health risks, but only to the extent health risks, but only to the extent “feasible”“feasible”

– Major question is what “feasible” meansMajor question is what “feasible” means– Courts have ruled this means both Courts have ruled this means both

economically and technologically feasibleeconomically and technologically feasible Other examples include Other examples include Clean Water Clean Water

ActAct and Safe and Safe Drinking Water ActDrinking Water Act (Maximum Containment Levels)(Maximum Containment Levels)

Regulatory approachesRegulatory approachesHealth-basedHealth-based FeasibilityFeasibilityRisk-benefitRisk-benefit

Page 32: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Risk-Benefit StatutesRisk-Benefit Statutes

FIFRAFIFRA: EPA must balance risks and benefits in : EPA must balance risks and benefits in determining whether a pesticide presents an determining whether a pesticide presents an “unreasonable” risk“unreasonable” risk– Before registering pesticide, EPA must determine it will Before registering pesticide, EPA must determine it will

not pose unreasonable risk “…taking into account the not pose unreasonable risk “…taking into account the economic, social, and environmental costs and benefits economic, social, and environmental costs and benefits of pesticides.”of pesticides.”

Many environmentalists worry that statutes like Many environmentalists worry that statutes like FIFRAFIFRA and and TSCATSCA that require EPA to balance risk and benefit that require EPA to balance risk and benefit may lead to “paralysis by analysis” may lead to “paralysis by analysis”

Risk-benefit analysis has many critics Risk-benefit analysis has many critics – Can slow down regulation and make it more difficult and Can slow down regulation and make it more difficult and

thus less likely government will restrict harmful toxic thus less likely government will restrict harmful toxic substances substances

– For example, under FIFRA it took EPA 17 years to carry For example, under FIFRA it took EPA 17 years to carry out a review of pesticide Alarout a review of pesticide Alar

Regulatory approachesRegulatory approachesHealth-basedHealth-based

FeasibilityFeasibility Risk-benefitRisk-benefit

Page 33: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Informational Informational approachesapproaches Public pressure and market choices to address Public pressure and market choices to address

problemproblem Emergency Planning and Community Right-to-Emergency Planning and Community Right-to-

Know Act of 1986 through TRI as we discussed Know Act of 1986 through TRI as we discussed earlier companies reduce toxic releases earlier companies reduce toxic releases because they don’t want to show up high on because they don’t want to show up high on listlist

Problems includeProblems include– Self-reporting can encourage companies to change Self-reporting can encourage companies to change

reporting standardsreporting standards– May not require companies to report amount of May not require companies to report amount of

toxics used or what is in their products—so toxics used or what is in their products—so ultimately may do little to reduce exposure to toxinsultimately may do little to reduce exposure to toxins

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 34: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

PrecautionPrecaution

Politically, truly precautionary Politically, truly precautionary regulation can be difficult to sustainregulation can be difficult to sustain– Under the “precaution” approach, some Under the “precaution” approach, some

substances will be regulated that will substances will be regulated that will eventually turn out to be relatively safeeventually turn out to be relatively safe

– Producers and consumers will likely cite Producers and consumers will likely cite “false positives” as evidence that the “false positives” as evidence that the government is over-regulatinggovernment is over-regulating

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 35: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Future of toxicsFuture of toxics

We need new paradigm of toxic pollution We need new paradigm of toxic pollution policy—only fraction of EPA’s resources policy—only fraction of EPA’s resources devoted to devoted to preventionprevention instead of “end-of- instead of “end-of-pipe” cleanuppipe” cleanup

European cxample: European cxample: REACH (Registration, REACH (Registration, Evaluation, and Authorization of Evaluation, and Authorization of Chemicals)Chemicals)– European Union policy based on precautionary European Union policy based on precautionary

principalprincipal– Standards for taking regulatory action much Standards for taking regulatory action much

more proactive/precautionary than US policiesmore proactive/precautionary than US policiesExtent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 36: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Bisphenol-A Bisphenol-A (BPA)(BPA)

Widely used to make hard, clear Widely used to make hard, clear polycarbonate plastics for baby bottles and polycarbonate plastics for baby bottles and sipping cups, water bottles, and food sipping cups, water bottles, and food containers (most canned foods) (#7 plastic containers (most canned foods) (#7 plastic that is clear and hard)that is clear and hard)

Trace amounts of BPA leach from Trace amounts of BPA leach from polycarbonate containers into foods and polycarbonate containers into foods and liquidsliquids

2003-4 study by CDC found detectable levels 2003-4 study by CDC found detectable levels of BPA in 93% of urine samples collected of BPA in 93% of urine samples collected from > 2,500 adults and children over 6 from > 2,500 adults and children over 6

Last week US National Toxicology Program Last week US National Toxicology Program released draft report that rats fed or injected released draft report that rats fed or injected low doses BPA developed:low doses BPA developed:– precancerous tumorsprecancerous tumors– urinary tract problemsurinary tract problems– reached puberty earlyreached puberty early– ““possibility that bisphenol-a may alter human possibility that bisphenol-a may alter human

development cannot be dismissed.”development cannot be dismissed.”Extent and impacts

Toxicity factors and classesMonitoring

Regulation and information

Page 37: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Bisphenol-A Bisphenol-A alternativesalternatives

In past week Nalgene announced will stop using In past week Nalgene announced will stop using BPA in their polycarbonate productsBPA in their polycarbonate products

Many large Canadian retailers, including Wal-Mart, Many large Canadian retailers, including Wal-Mart, removing food-related products made with plastics removing food-related products made with plastics containing BPAcontaining BPA

Wal-Mart (and other retailers) have agreed to pull Wal-Mart (and other retailers) have agreed to pull baby bottles made with bisphenol-a from its U.S. baby bottles made with bisphenol-a from its U.S. stores early next yearstores early next year

Other alternatives:Other alternatives:– Fresh (or frozen) vegetables; alternative can liners Fresh (or frozen) vegetables; alternative can liners

used by some companies and Japanused by some companies and Japan– Glass, porcelain and stainless-steel containers, Glass, porcelain and stainless-steel containers,

particularly for hot foods and liquidsparticularly for hot foods and liquids– Several companies sell BPA-free baby bottles and Several companies sell BPA-free baby bottles and

sippy cupssippy cups

Extent and impactsToxicity factors and classes

MonitoringRegulation and information

Page 38: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

MAINE CASE STUDY:MAINE CASE STUDY:An Act to Protect Children’s Health and the An Act to Protect Children’s Health and the Environment from Toxic Chemicals in Toys and Environment from Toxic Chemicals in Toys and Children’s Products Children’s Products

Last week Maine Legislature passed and governor Last week Maine Legislature passed and governor signed bill into law to track, and potentially ban, harmful signed bill into law to track, and potentially ban, harmful chemicals in children’s productschemicals in children’s products

LD 2048 requires Department of Environmental LD 2048 requires Department of Environmental Protection to keep a list of chemicals it identifies as Protection to keep a list of chemicals it identifies as harmfulharmful– DEP identifies chemicals of high concernDEP identifies chemicals of high concern– Manufacturers of children’s products sold in Maine have to Manufacturers of children’s products sold in Maine have to

disclose if their products contain these chemicalsdisclose if their products contain these chemicals– Could be required to replace the chemicals if safer, cost-Could be required to replace the chemicals if safer, cost-

effective alternatives existeffective alternatives exist– Maine is going to participate in interstate clearinghouse of Maine is going to participate in interstate clearinghouse of

information of what is in children’s products so others can information of what is in children’s products so others can learn from the state’s experiencelearn from the state’s experience

Students in Students in ES266 ES266 The Environment and Human The Environment and Human HealthHealth (Prof. Carlson) helped to support this bill (Prof. Carlson) helped to support this bill through class projects, including holding a public through class projects, including holding a public information session and talking with legislatorsinformation session and talking with legislators Extent and impacts

Toxicity factors and classesMonitoring

Regulation and information

Page 39: Happy Earth Day Happy Earth Day. First Earth Day Senator Gaylord Nelson (Wisconsin) Senator Gaylord Nelson (Wisconsin) –Building on idea of anti-war rallies,

Brominated Flame Brominated Flame RetardantsRetardants Common in plastics, electronics, textiles in Common in plastics, electronics, textiles in

furniture & rugs; foams used in mattresses & furniture & rugs; foams used in mattresses & furniturefurniture– BFRs in human breast milk rapidly increasing, BFRs in human breast milk rapidly increasing,

threaten normal brain development in fetuses and threaten normal brain development in fetuses and childrenchildren

– Accumulating in people and animalsAccumulating in people and animals– Policies to phase out have been adopted in EU, Policies to phase out have been adopted in EU,

Sweden, Norway, Germany, Austria, China, Sweden, Norway, Germany, Austria, China, NetherlandsNetherlands

– Many corporations are switching to safer flame Many corporations are switching to safer flame retardants retardants

Maine: Banned BRFs because similar to PCBsMaine: Banned BRFs because similar to PCBs– First in nation law to ban some of these substancesFirst in nation law to ban some of these substances– Other states have now banned them alsoOther states have now banned them also Extent and impacts

Toxicity factors and classesMonitoring

Regulation and information

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Happy Earth Happy Earth Day Day