The no good, horrible, very bad chemicals bill

Photo by Sashafatcat via flickr

by Fawn Pattison, Senior Advocate

Last week was a big week for toxic chemicals reform.

First, the Good: Wal-Mart announced its new Sustainable Chemistry Implementation Guide. It's great news that the nation's largest retailer is taking concrete steps to make good on its pledge to provide full information to consumers, and reduce high-priority toxic chemicals in many of the products they sell. I sincerely hope that the other top retailers across the nation will soon follow suit (hello Target? Walgreens? are you listening?).

But then, the Bad. The no good, horrible, very bad: The chair of the House Energy & Commerce Committee, Rep. John Shimkus (R-IL), has released a draft bill to "reform" the outdated and ineffective Toxic Substances Control Act (TSCA). I don't want to mince words or hide my feelings: The “Chemicals in Commerce Act” is very bad. Horrible. No good.

What's so bad about it?

It seems hard to fathom, but the Chemicals in Commerce Act would actually take us backwards from the current federal toxics law, TSCA. TSCA is the notorious toxics law that has allowed more than 80,000 chemicals into commerce, with very little scrutiny. How could it get worse than that?

Here’s how: the Chemicals in Commerce Act would shut down all the progress being made in the states on toxic chemicals. It would end the states’ ability to restrict a chemical in any way if EPA has taken action. It would even impose new secrecy, preventing states from collecting and sharing information about toxic ingredients in products as soon as EPA takes the first steps to evaluate a chemical.

Maybe some of these state programs would seem less necessary if Congress were considering a sweeping, robust federal system of chemical evaluation and regulation that worked swiftly to put public health and the environment first. But they’re not. The Chemicals in Commerce Act actually weakens the approach taken in TSCA, giving undue consideration to the cost of developing new, safer chemicals over the benefits to our health that could be derived from restricting the hazardous old ones.

I'd like to suggest an edit to this sentence from the bill summary: "This is a commerce bill, not just a chemical safety bill." The Chemicals in Commerce Act has nothing to do with chemical safety. It has everything to do with shutting down scrutiny of old-generation chemicals and ending the debate over the Toxic Substances Control Act.

And where does this leave North Carolina? If legislation like the Chemicals in Commerce Act were enacted, our state would no longer have the authority to even consider legislation like the NC Toxic Free Kids Act, or other recent bills to protect our kids’ health from notorious toxic products. Our state legislators ought to take notice.

US House members, especially those serving on the Energy and Commerce Committee, need to hear from their constituents that we value our health above the profits of a handful of corporate chemical giants. From North Carolina, Representatives G.K. Butterfield (D-NC) and Renee Ellmers (R-NC) serve on the committee and will be hearing lots about this proposed legislation in the weeks to come. Make sure they hear from you!

Walmart recognizes the need to get the most hazardous chemicals out of consumer products. Why doesn't Congress?

Polar vortex, pesticides, red tape can't stop us!

By Neftali & Yesenia Cuello

Yesenia and Neftali braved brutal cold at the Capitol last week to speak out about pesticide safety.

We started working in the fields of eastern North Carolina when Neftali was 12 years old, and Yesenia was 14. We worked in tobacco, blueberries and strawberries every summer for years. We saw pesticides used nearby and were even exposed to the drift, but never knew what pesticides were.

We never heard the word “pesticide” or had a safety training until 4 years later when we joined NC FIELD and our eyes were opened.

All those years we were being exposed to these things on the job, without any knowledge of what they could do to our health. Now we go out into the fields to meet other children who are working there, photograph them and learn about their lives. We meet teenagers, sometimes kids as young as 8 and 9. Not one youth farmworker we’ve met said they’d ever had a pesticide safety training.

 

NC youth working in sweet potato. Photo by Yesenia Cuello

This is why we have to make our voices heard.

Last week we joined a delegation of farmworkers and youth who traveled to Washington DC. We met with members of Congress and the US EPA to ask them for a strong Worker Protection Standard. People shouldn’t be working with these chemicals without training and safety protections that keep them and their families safe. Kids shouldn’t be working with pesticides at all!

We don’t want unsafe pesticides on our food, and we don’t want other kids to have to work around them or with them like we and our other siblings did. We need a strong Worker Protection Standard that makes the fields and our families safer. If you agree, please make your voice heard, too.

Neftali Cuello serves on Toxic Free NC's Community Leadership Council, and is the Secretary of Poder Juvenil Campesino, the youth group of NC FIELD. Yesenia Cuello is President of PJC and serves on NC FIELD's Board of Directors.

North Carolina Businesses Urge Congress to Act on Toxic Chemicals

Manufacturers likeLee Industries are phasing out hazardous chemicals

The Sustainable Furnishings Council and Toxic Free NC have partnered to organize “real reform” for the use of safer chemicals in North Carolina manufactured products. Business leaders across the state are stepping up to seek federal change in outdated laws currently allowing tens of thousands of toxic chemicals in furniture and other manufactured products.

Download our new white paper [PDF, 645 KB] to learn how NC Businesses are leading the market away from toxic chemicals, and seeking legislative reform.

In rebuilding and strengthening the U.S. economy, many businesses are calling for a new policy that limits the use of toxic chemicals, and prioritizes green products and engineering. Chemical safety legislation will support these efforts, and you can help by urging Congress to take action!

For the first time in decades, there is real opportunity to fix the problem at its source, and to rebuild our economy based on safer chemical regulations. Congress needs to pay attention, and take action by enacting legislation to address the issue of toxic chemicals. Real reform will have a positive impact on business and manufacturing in North Carolina, and will spur a healthier economy and a healthier environment.

Overhauling our nation’s outdated chemical laws supports American business:

• Consumers are demanding safer products.
• Safer products lead to better business for North Carolina.
• Lack of chemical regulation is hamstringing businesses.

The Toxic Substances Control Act of 1976 — intended to give the U.S. Environmental Protection Agency the power to identify and regulate dangerous chemicals — is outdated and simply does not work.

Download the white paper here (645 KB)

Congress has yet to take meaningful action, and the Chemical Safety Improvement Act currently proposed in the US Senate would not solve this problem as currently written.

We need Federal Change Now

It’s time for Congress to set common sense limits on toxic chemicals, and our businesses and manufacturers are leading the charge. Make your voice heard by supporting the push for reform.

What You Can Do

You can help ensure that North Carolina is on the forefront of economic AND safety reform by urging Congress to overhaul our federal toxic chemicals law.

Businesses can join NC furniture manufacturers by requesting and signing on to a joint letter to Congress. Individuals can contact their Senators directly to take action.

The Bees are speaking: It's time to act

By Jean Strandberg & Fawn Pattison

Bombus terrestris, the beloved bumblebee

This October, Toxic Free NC is focusing on our friends, the pollinators. Unless you've been living under a rock, you've probably heard that domestic honeybee populations have plummeted in recent years. Farmers in North Carolina and across the US face a dramatic shortage of hives to pollinate their crops. Nearly half the managed beehives in NC have been lost since the mid-1980’s.

But did you know that wild pollinators are even worse off? While their populations are hard to track, biologists estimate that wild pollinators have suffered a 95% population decline in NC in the same time period. New research shows that wild pollinators are even more important to our food supply than domesticated bees. A recent study looking at 40 different crops across the globe showed that wild pollinators are twice as effective as honeybees in their pollination efforts. This is in part due to the variety of pollination techniques used by wild pollinators, as well as a tendency to cross-pollinate (honeybees usually pollinate within a single plant). 

We must act now to stop the pollinator collapse, or we will be very hungry people before long. We're already seeing the effects of fewer pollinators on the planet. Yields in crops that do not require pollination are growing at a much faster rate than those that do, and more and more farmers are finding it necessary to rent hives from around the country to ensure the success of their crops. Among crops requiring pollination are some of our favorite foods: cucumbers, almonds, blueberries, watermelon, apples, strawberries, melons and peaches all require pollination. If we fail to address the causes of these losses, we may soon have to give up many of the foods we love.

But many voices are telling us not to act. Pesticide makers argue loudly that their chemicals aren't to blame. They pay troops of scientists to create data that distract our attention from the harmful effects of agrochemicals on bees, butterflies and birds. But agrochemicals like the widely used class of insecticide, neonicotinoids, are strongly linked to declines in honey and bumblebee populations. There are plenty of other contributing factors besides pesticides, of course.

Hang around any beekeeper, and you’re sure to hear about the Varroa mite’s attack on their hives, introducing RNA viruses that disrupt hive function and can eventually lead to colony collapse. Climate change has been linked to an increasing incongruity between when bees are active and when flowers are in bloom. Pesticides, pathogens, climate change, decreased crop diversity and habitat destruction all play a part, individually, and in combination. 

But having many factors involved is no excuse to sit back and let a disaster happen. We must act now to fix what we can! The overuse of pesticides is a huge contributor to these declines. Pesticides kill beneficial insects and pollinators like bees and butterflies that are necessary to provide a healthy ecosystem where we can thrive. Pollination is required for three-quarters of global food crops, and one of the things we can do right now to conserve these essential pollinators is to use fewer pesticides.

The US Department of Agriculture, and our state Commissioner of Agriculture should be acting fast to promote farm technology that protects pollinators: More organic farming, more Integrated Pest Management, ending the use of pesticides most highly toxic to bees, and creating incentives for farmers to diversify crops and provide more pollinator habitat. The pollinator collapse is a man-made disaster, and one that we can stop if we choose to. Let's choose wisely.

Baby steps won't get us there

Photo by Dermot O'Halloran via Flickr

by Fawn Pattison, Executive Director

We welcomed the news of a bi-partisan compromise bill on toxics reform with open arms. Finally! A bill to overhaul our failed national toxics law! With sponsors from both parties! The Chemical Safety Improvement Act is truly a political breakthrough, and worth celebrating.

But reading (and re-reading) the bill's 127 pages was a disappointment. While there are some really important steps forward - such as requiring proof of safety before new chemicals come onto the market, and finally giving the EPA authority to restrict chemicals found to be hazardous - the Chemical Safety Improvement Act won't get the job done.

Simply put, the bill lacks priorities. Any legislation to overhaul the Toxic Substances Control Act needs to get its priorities straight:

• Prioritize the children and pregnant women we're supposed to be watching out for. The bill should direct EPA to focus on "vulnerable populations." That's EPA-speak for the people whose  toxic exposures matter most.
• Prioritize the high-hazard chemicals. The bill needs to spell out deadlines and expectations for EPA so that they know what to focus on, and when. Put the worst chemicals at the top of the priority list. Without priorities and deadlines, it will be very difficult for EPA to create a program that works, or secure the resources to carry it out.
• Prioritize accountability. States should be able to hold the federal government accountable if they're not getting the job done under a new toxics law. The Chemical Safety Improvement Act puts too many restrictions on states' ability to act, even before EPA takes action on a single chemical. 
• Prioritize health. When EPA orders a ban or phaseout of a chemical because of its tremendous risks for human health, there should be no cost-benefit analysis for action. If a chemical is too dangerous to be on the market, that should be the end of the story. Requiring a cost-benefit analysis can actually deter innovation, since maintaining the status quo is almost always the easier way. Health and safety should be the only factors EPA considers when a chemical rises to the top of the priority list.

Baby steps are beautiful to see, but our priorities require some superhero-sized strides. With over 80,000 chemicals in the marketplace, and soaring rates of chronic health conditions like autism and childhood cancers, we can't afford to toddle slowly forward. We're counting on our Senators to get this bill's priorities in order.

A legacy of health: Goodbye to Senator Lautenberg

Lautenberg speaks to supporters of the Safe Chemicals Act in 2012

by Fawn Pattison, Executive Director

Public health advocates around the US were deeply saddened yesterday to learn of the passing of Senator Frank Lautenberg of New Jersey. At 89, Lautenberg was the oldest serving member of the Senate and its last WWII veteran. He was also a champion of public health, and in recent years had dedicated himself to winning a much-needed overhaul of the nation's failed toxic chemicals law.

I don't frequently admit to being a New Jersey native. I graduated from UNC and have long since naturalized as a Tar Heel. But Senator Lautenberg always reminded me of the best of my birth state: his rapid Northeastern accent, the unstoppable charisma that (until quite recently) belied his nearly ninety years, and especially his toughness. New Jersey is famous for its rough-and-tumble politics, and Senator Lautenberg was among the virtuosos. The really inspiring thing about his sharp-elbows style is what he used it for: Lautenberg's legacy is public health.

During his 28 years in the US Senate, Lautenberg worked for policies that are credited with saving tens of thousands of lives, from not smoking on airplanes, to a uniform national drinking age. In 2008, Lautenberg introduced the first of several bills to overhaul the notorious Toxic Substances Control Act. Just two weeks ago, his office announced a bi-partisan compromise, the Chemical Safety Improvement Act, that has received mixed reviews but has won the support of both Republicans and Democrats - a remarkable feat in today's Congress. 

In February of this year upon announcing his intention not to run again, Lautenberg signalled that chemical reform was to be among the issues that make up his legacy:  

“I am not announcing the end of anything. I am announcing the beginning of a two-year mission to pass new gun safety laws, protect children from toxic chemicals and create more opportunities for working families in New Jersey,” he said.

We're on the same mission to protect children from toxic chemicals. We'll honor that legacy by sharpening our elbows and working harder than ever at it. Thanks, Senator Lautenberg.

Youth taking action: We’ve done our part, now do yours EPA!

by Lynne Walter, Associate Director

On May 21, 2013, my co-worker Anna and I had the opportunity to speak with all of the 9^th graders at Carolina Friends School in Durham, NC, about migrant farmworkers, their exposures to pesticides, and youth migrant farmworkers working in the fields … and as someone who went to a Quaker college, it was really fantastic interacting with these young Friends school students!

After we all watched and talked about the documentary "Overworked and UnderSpray: Young Farm Workers' Pesticide Stories", the students wrote some really incredible letters to the U.S. Environmental Protection Agency to ask the EPA to release the Worker Protection Standard (WPS), the federal rules that are designed to protect workers from pesticides on the job (FYI—the WPS dictates what employers need to tell workers about the pesticides they’re using, when safety equipment should be provided, and how to handle exposures when they happen).

The release of the new WPS has been substantially delayed, and the Carolina Friends School students wrote letters asking the EPA to end the WPS release delay, why this was important to them, and why they felt farmworkers should be safe from pesticide exposures.

One of my favorite parts of one of the letters was: “I’ve done my part, Mr. Jones [writing the letter]. Now the EPA must do theirs."

These forty-two 9^th graders and their three teachers were getting ready for a service learning trip to the Episcopal Farmworker Ministry in Newton Grove, NC, the following week. We talked about what Toxic Free NC does and the risks farmworkers face from pesticides, particularly the risks and challenges young migrant farmworkers in North Carolina experience.

The Carolina Friends School students had very thoughtful questions and comments about the challenges farmworkers, especially young farmworkers, face regarding pesticide exposure in the fields, and wrote amazing letters to the EPA. I really enjoyed seeing another generation get even more involved in farmworker advocacy!

Big News: Bi-Partisan Legislation for Toxic Chemicals Reform in Congress

Yesterday Senators Frank Lautenberg (D-NJ) and David Vitter (R-LA) filed the Chemical Safety Improvement Act, historic bi-partisan legislation aimed at overhauling the notorious Toxic Substances Control Act, also known as TSCA.

Toxic Free NC is part of a coalition of public health, environment and business leaders who have been calling for TSCA reform for years. With more than 80,000 chemicals in commerce virtually untested for health and safety, TSCA has failed us. Our soaring rates of environmentally-related diseases are a testament to the inadequacy of current chemical laws.

While we are still just absorbing this news, we are excited and hopeful about this huge step forward. Bi-partisan compromise can mean painful compromise, and the Chemical Safety Improvement Act omits some of the important protections that Toxic Free NC and our allies believe are critical for public health. However, the bill would represent a sea change in our approach to evaluating and regulating toxic chemicals - one that this country deeply needs. It would also preserve the key role of the states in holding the federal government accountable for a toxic chemicals program that actually works.

Read more reactions from leaders in public health and environmental protection here.

There is no doubt that continued, passionate grassroots pressure on the part of parents and grandparents, health care providers, business owners and workers, deserve the credit for this huge leap forward. It is our responsibility to ensure that Congress passes legislation with the strongest possible protections for public health.

Making positive change in 2013

by Ana Duncan Pardo, Communications Coordinator

We've heard a lot of worrying about what kind of impact the new state legislature will have. We agree that this will likely be a tough year in NC for the environment and social justice, but we definitely aren't throwing in the towel!

Last week, our Executive Director shared Toxic Free NC's strategy for pushing forward despite a less friendly legislature. This week, I want to share Toxic Free NC’s resolutions for how we’ll continue making positive change in 2013: 

1. We will teach more people than ever about organic gardening and organize with them for local food policy change.

One of the things we're most excited about this year is our new Organic Is for Everyone program about food access. We’re so excited about getting our hands into the dirt and helping people across North Carolina grow and eat more organic food!

We are looking forward to working with communities in NC to grow more organic food, and to push for policy changes at the city and county level that pave the way for thriving, sustainable local foodsheds.

2) We'll continue pushing for common sense reform of federal toxic chemicals regulation.

Over the past two years, we’ve collected thousands of petitions and galvanized the environmental and health communities in the movement for safer chemicals policy. We will organize even more advocates to meet with NC Congressional delegates. We’ll share tips and tools to help you to be a savvy consumer. And we’ll keep pushing our message about the need for federal toxic chemical reform out through the media.

3) We will work with NC's largest child care chains to help them switch to safer pest control in child care centers.

By educating the leadership of the biggest companies in the NC child care industry, we expect to reduce tens of thousands of North Carolina children's exposure to toxic pesticides by helping them switch to least toxic Integrated Pest Management.

4) We will ensure that farm workers' voices are heard on the issues that affect them.

We spent much of last year collecting farm workers' ideas for improving workplace standards for pesticide safety. This year, we'll be helping to bring North Carolina farm workers' own words into the national conversation about laws that directly impact their health and safety.

Our success depends on you. Effective community organizing means that the people who really care about these issues lead the way. How do you plan to keep making positive change in 2013? Share your ideas with us on Facebook!

Thank you for being an ally we can depend on. Toxic Free NC is stronger because you're with us.

Here's to the New Year!

Our plan for Toxic Free NC in 2013

by Fawn Pattison

It's a New Year like we’ve never known before.

In the wake of November’s election, 2013 ushered in the harshest political environment that North Carolina’s health and environment have ever known. The state legislature can and will inflict plenty of damage. But that doesn’t mean we should despair!

The state legislature does not lead social change – it only follows. Their job is to codify the change already taking place within our communities. That’s why Toxic Free NC always focuses our work where it matters most – in the communities around North Carolina where real change begins.

We’ll never cease to watchdog state government and speak out for health and justice, but our work doesn’t depend on them. Here’s our plan to keep moving forward in this harsh political environment:

• We'll work with folks like you to change city and county ordinances to bring healthy, pesticide-free food to more of the people who need it most. Local policies can promote local and organic foods, gardening, beekeeping and urban farming, and reduce pesticide pollution.

• We’ll continue to sweep though the child care sector – public and private – with a safer approach to pest control that protects our children from chemical harm.

• We’ll target the corporations that neglect our health and well-being with shoddy products that over-use hazardous chemicals, and we'll help you to be a savvy consumer.

• And most of all, we will keep building our base of power by bringing the voices and ideas that matter most – yours – into powerful collaboration with new allies around the state. Whether it’s helping your child care drop the toxic chemicals, or taking citizen lobbyist teams to Congress for federal chemical reform, we will use this time to keep getting smarter and stronger. 

Working together, we will continue to make real change on the ground throughout North Carolina. And when the state legislature’s iron is hot again, we’ll be ready to strike!

Now more than ever, we are so grateful to have you with us. And now more than ever, we need your help.Make a gift to Toxic Free NC and lend your support to make us even stronger. Even better, if you're not already a monthly donor, consider making a recurring gift so we can count on you to be with us every step of the way. When the going gets tough, we’re in it together. Please make a donation today.

P.S. Next week, we're sharing details about our community organizing plans for 2013. We're excited to share them with you. Stay tuned!

Congress finally gets to work on chemical reform

After watching 2 hours of constructive, informed, substantive, and sometimes even juicy debate in the Senate Environment & Public Works Committee last week, I am elated that toxic chemicals reform is finally on the agenda in Congress. It's not there because of special interest lobbying or industry pay-backs, but because everyday folks (like you and me!) have been badgering Congress so persistently to do something about this toxic chemicals mess, that they are finally getting the message.

The Toxic Substances Control Act (TSCA) is the federal law that covers the chemicals that saturate our every-day lives as ingredients in almost every consumer product you can name. With more than 80,000 chemicals on the market and less than 200 tested for safety, it’s no wonder that TSCA is widely considered to be a complete failure.

Sen Frank Lautenberg (D-NJ) has introduced the Safe Chemicals Act of 2011 to fix TSCA’s problems and give the American people an assurance of safety when products like baby bottles and household cleaners are put on the market. He facilitated a lively bipartisan discussion that covered everything from the EPA’s jurisdiction to the “body burden” of 212 industrial chemicals in Senator Udall’s body.

Five expert witnesses testified to the committee (you can read their testimonies and watch the archived video here). Watching the hearing, it became clear that all the stakeholders are at the table, and that one - the chemical manufacturers - are dragging their feet. One Senator after the next grilled the American Chemistry Council and asked them to stop criticizing from the sidelines, roll up their sleeves and get to work fixing TSCA, if they are sincere in their assertions that it needs to be fixed. Another key industry player, the Consumer Specialty Products Association, representing the likes of Johnson & Johnson and Proctor & Gamble, is clearly doing just that. The CSPA and the environmental health folks in the hearing room agreed that they are “on the cusp” of agreeing to solutions for all the sticky points they identified in the hearing.

Next stop: "Markup," which is inside-the-beltway language for all the stakeholders getting out their red pens and working with Senate staff to make detailed edits to the bill so that the committee can vote on actual changes. After the hearing, Senator Lautenberg reiterated his intention to bring the Safe Chemicals Act to a vote before the year is out.

Now that the ball is finally moving down the field, we all need to make sure that our Senators understand how important chemical reform is to our health and our economic future. Moms like me have kept up a steady drumbeat that has put safer chemicals on Congress’s to-do list. Our job now is to make sure that they get it done.

It was a great feeling last week to watch the Senate seriously debating an issue so important to our health and our future. This week as I give thanks with my family for our many blessings, I’ll also be giving thanks for all of you who are working together for a healthier world for our children.