Potentially Regulated Parties, White House Trying to Inject the Data Quality Act and Other Distractions Into EPA's IRIS Assessment Process
In the year since EPA Administrator Lisa Jackson announced a new process (pdf) for updating chemical risk assessments in EPA's IRIS database, agency scientists have succeeded in getting some stalled assessments moving through the system. Since the May 21, 2009 announcement, EPA staff have competed nine new and updated assessments. Two others are in the final stages of review and 20 more are at the external peer review stage.
But just as EPA staff are getting geared up, industry, potentially regulated federal agencies, and the White House are trying to throw a monkey wrench into the works.
First, Inside EPA reports (subs. required, "Industry, Agencies Struggle To Revise EPA's Risk Assessment Process") that anti-regulatory advocate Jim Tozzi's Center for Regulatory Effectiveness is making the claim that external peer review must be "Data Quality Act compliant." That's a great way to strike fear in the minds of an embattled office like the IRIS office, but it lacks any real basis. The purpose of a Science Advisory Board SAB (SAB) review is to get outside scientists' opinion on specific science-policy decisions made by EPA staff in the process of developing the IRIS assessment. By definition, opinions are not …
Virginia AG Ken Cuccinelli II has taken his climate change vendetta to a new low, announcing that he will use Virginia's Fraud Against Taxpayers Act to force officials at UVA to spend months digging through a decade of university records in search of evidence that Dr. Michael Mann "defrauded" the Commonwealth by seeking funds to explore the boundaries of climate science.
Tuesday's article in the Washington Post gave the attention-seeking politician all that he needed from the civil investigative demand issued to Dr. Mann's former employer. Now Cuccinelli will move on to his next headline-grabbing venture without a care for the disruptions he's left in his wake.
As others have pointed out, threatening academics with legal penalties sets a terrible precedent that will stifle the innovation and progress that are the hallmarks of the United States' great research universities. It was bad enough …
In response to a question at a National Press Club appearance on Monday, Lisa Jackson said that the EPA would be finalizing an action plan on BPA in the "very near future."
As I noted here in January, the EPA had announced in September that it would be releasing action plans on a number of chemicals, including BPA, but when the first group of plans was released in late December, BPA was not among them. I raised a red flag because EPA had sent six draft chemical action plans to White House's Office of Information and Regulatory Affairs (OIRA) on December 14, OIRA hosted a meeting with BPA industry lobbyists a week later, then the BPA action plan was absent from the list of plans released on December 30. OIRA had no business reviewing the chemical action plans in the first place since they are not …
Today the top brass from OSHA opened their doors to the many stakeholders who have something to say about how the agency is doing in its efforts to protect U.S. workers. Of course, they got an earful.
The event marks a new path for OSHA, in that the head of the agency and top career staff took the time to sit face-to-face with occupational health experts, workers, worker representatives, and even the families of victims of workplace accidents, not just the usual cast of characters from the industry lobbying firms.
And it wasn’t just a cattle call. OSHA head David Michaels, Debbie Berkowitz (Chief of Staff), Richard Fairfax (Director of Enforcement), and Dorothy Dougherty (Director of Standards) engaged the speakers in a way that showed they not only cared about what the speakers were saying but are genuinely interested in taking action to protect workers …
Add arsenic to the list of carcinogenic chemicals that will see delayed regulation from EPA as a result of OMB’s meddling. Last week, after almost seven years’ work, EPA released a draft assessment of the bladder and lung cancer risks posed by arsenic in drinking water. But the release of the final arsenic risk assessment is being delayed while EPA’s Science Advisory Board is asked to take yet another look at agency scientists’ work. As Jonathan Strong wrote in InsideEPA (sub. req'd) last week, the recursive review by SAB is “emboldening” activists who want to delay any potential new drinking water regulations.
Demanding external peer review of EPA scientists’ work on just about anything is a standard tactic industry uses to bide time before they have to shell out the money to clean up the messes they’ve made. Witness Sen. David Vitter’s …
FDA scientists have had a chance to develop an assessment of the risks of BPA in food contact applications using a fuller body of low-dose studies and concluded last week that there’s some concern about the potential effects of BPA on the brain, behavior, and prostate gland of fetuses, infants and children (for a helpful analysis of the context of FDA’s decision, see Sarah Vogel’s post at The Pump Handle). Now, it’s time to look at what EPA is doing with respect to the ubiquitous endocrine-disrupting chemical.
In late September, Lisa Jackson announced that EPA’s Office of Pollution Prevention and Toxics would develop “action plans” for four chemicals or groups of chemicals, outlining potential future regulatory actions aimed at protecting the public and the environment from unreasonable risk. BPA was one of the candidates for an action plan, but when EPA released …
EPA today took an important step toward reversing one of the Bush Administration’s “midnight regulations,” announcing a proposed rule that would improve monitoring standards for airborne lead. Under EPA’s new proposal, any establishment that emits lead into the air at a rate of a half a ton per year or more could be required to have a monitoring station.
In a previous post I noted that EPA finalized a rule in late 2008 that only required monitoring at sites with emissions topping 1 ton per year, after a last-minute entreaty from the lead battery industry and some of their accomplices at OMB. EPA had originally proposed a threshold somewhere in the 0.2 to 0.6 tons per year range.
After President Obama took over the White House and put Lisa Jackson in charge of the EPA, several environmental and public health groups petitioned the …
CPRBlog asked some of our regular bloggers to give us some suggestions for the high and low points of the regulatory year. We began by taking the Bush Administration’s “midnight regulations” off the table, so that we could focus in on the Obama Administration’s impact to date. CPR Policy Analyst Matt Shudtz offers up a number of items, below, focusing on the positive:
At OSHA, several high points:
The leadership of David Michaels (as Assistant Secretary, the head of OSHA) and Jordan Barab (as Deputy Assistant Secretary), both of whom seem intent on putting OSHA back on task – protecting workers – after years of agency wheel-spinning.
OSHA’s enforcement sweep of construction sites in Texas, in which the agency brought inspectors from other regions to conduct unannounced inspections. Actual enforcement of the laws! Texas earned the honor because it has the highest rate of construction fatalities …
A coalition of occupational health and safety experts submitted an amicus brief to the National Labor Relations Board (NLRB) last Thursday, urging the Board to reconsider its restrictive definition of “joint employer” for purposes of collective bargaining. It’s a critical issue for workers as more and more are getting jobs through temp firms, staffing agencies, and other complex employment relationships. The workers who got your last-minute Father’s Day gift from the Amazon warehouse to your front door, for instance, don’t all get paychecks from Amazon, but they all operate at “Prime” speed because Amazon demands it.
From a health and safety perspective, it’s important that laws like the National Labor Relations Act (NLRA) and the Occupational Safety and Health Act (OSH Act) are interpreted broadly because the remedial purposes of those statutes – to ensure all workers can collectively bargain for better working conditions …
Yesterday came and went with no announcement from the FDA on the safety of BPA in food packaging. The agency had created a self-imposed November 30 deadline for releasing a new finding, and in the intervening months, a number of new studies on the health effects of BPA have been released and FDA has brought in an outside expert to head up the review. These developments have understandably slowed the review process.
The question before FDA is whether BPA is safe for its intended use in food contact applications -- the lining inside cans, for example. So Kaiser Permanente’s recent headline-grabbing study that showed an increased likelihood of erectile dysfunction and problems ejaculating among workers who were highly exposed to BPA in a Chinese plant might not be very useful in making that determination. But the many studies showing correlations between various exposures to BPA and other …
