The Chemical Industry’s Change of Heart
by Matthew Madia, 8/10/2009
The chemical industry is supporting new rules to limit consumer exposure to toxic substances. Richard Denison of Environmental Defense called it “a radical departure” for an industry that usually battles against new regulation, according to The Washington Post.
Currently, the Toxic Substances Control Act (TSCA) is the legal framework for assessing the health effects of chemicals and monitoring exposure. But when it comes to enforcing TSCA, the Environmental Protection Agency is feckless. Washington Post writer Lyndsey Layton reports:
Under the law, the government cannot act unless a chemical poses a health threat. However, the EPA cannot force companies to provide the kind of information that would show a health risk.
The hurdles are so high that the agency has been unable to ban asbestos, widely acknowledged as a likely carcinogen and barred in more than 30 countries.
Industry support could prove valuable on two fronts. First, EPA could become a more effective enforcer if armed with more information. “For the first time, chemical manufacturers said they are willing to furnish the Environmental Protection Agency with health and exposure data they have gathered that are related to their chemicals, and to allow the agency to determine whether the chemicals are safe to use,” according to the Post.
Second, legislative reform is afoot. Environmental advocates and their allies in Congress have been pushing the Kid Safe Chemical Act which would require industry to prove that new chemicals are safe for children before those chemicals enter commerce. If the chemical industry chose to gin up opposition to the bill, it would likely be dead in the water.
So why the sudden change of heart? Last year, the chemical industry opposed TSCA reform.
For the chemical industry, self-interest is at play. Support for federal regulation is not borne solely of good will. The industry fears the alternative: myriad state and local laws, regulations, and ordinances that turn company policy into a jigsaw puzzle of compliance.
A similar trend occurred in the 60s and 70s when polluters saw states lining up to enforce environmental controls. Subsequently, some threw their support behind the Clean Air Act, the Clean Water Act, and other landmark environmental laws crafted at the federal level.
And we should continue to keep a watchful eye. Remember, it was just a few months ago that the Post reported on secret meetings where plastic industry representatives plotted ways to improve the public image of bisphenol-A, a common chemical that has been linked to a variety of health problems, in an effort to turn back new restrictions.
