By Sarah Doll, National Director for Safer States.

With no action yet from Congress, state legislatures continue to work to protect citizens.

The past couple years have seen unprecedented changes in the toxic chemicals landscape across the United States. In the past nine years, over 80 chemical safety laws have been passed with an overwhelming margin of bi-partisan support in statehouses across the country.

But this is not a time to rest on our laurels. Across the country, families still come into contact with unregulated toxic chemicals. Every day, we are exposed to hundreds of different chemicals in our home and at our work—chemicals like formaldehyde and chlorinated Tris which are known carcinogens, and bisphenol-a (BPA) which contributes to health problems with reproductive development.

None of these chemicals are effectively regulated by the federal government: it is a widely held myth that manufacturers even have to prove a chemical's safety before introducing it into products we buy. They don't have to, and they won't often even disclose which chemicals make up their products. Instead, they hide behind the claim that the information is proprietary.

The hope for federal regulation is still that—just a hope; the law overseeing toxic chemical regulation is over 30 years old, and its overhaul is being buffeted by strong opposition from the industry trade association which is backed by billions of dollars of influence. So while Congress tries to figure out how to change the rules on the federal level, it is up to the states to fill the gap in protection.

The Safer States coalition, made up of groups of environmental advocates, physicians, nurses, parents, and concerned citizens, stands in support of laws and policies which will lighten the toxic chemical burden that our families, loved ones and community carry.

The fact that we have been able to consistently pass important laws during troubling economic times is encouraging. While much of the chemical industry would have us believe that such laws are anti-business and anti-profit, many other organizations see the writing on the wall: The way that chemicals get into everyday household goods and then into our homes is unsafe and dangerous.

In addition to bi-partisan passage of many toxic chemicals laws, we see the support of many small businesses and manufacturing companies. David Levine, co-founder of the American Sustainable Business Council, which represents more than 100,000 businesses and 200,000 business leaders and entrepreneurs, says:

"Today's astute business leaders are concerned about the health and business impacts that could arise if the products they use or sell contain toxic chemicals.

They recognize that safer chemicals protect human and environmental health and cut the costs of regulation, hazardous waste storage and disposal, worker protection, health care costs, and future liabilities.

Such steps make U.S. businesses more competitive in a global marketplace where protections from toxic chemicals are more stringent, opening up growing market opportunities.¹"

This year, at least 28 state legislatures will consider proposals to address continued concerns about toxic chemicals in consumer products. From bans on toxic flame retardants, BPA and formaldehyde to public right-to-know laws, state legislatures will be considering critical proposals to protect their citizens from toxic chemicals.

In fact Vermont already passed a school "green" cleaning policy which will require manufacturers of cleaning products to only sell environmentally preferable products in schools.

Highlights of 2012 state legislation include:

• Identification and Disclosure of Chemicals Harmful to Children. At least 13 states, including Alaska, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, New Jersey, Oregon, Vermont, and Washington will consider policies to identify and ultimately reduce exposures to chemicals of concern, including prioritizing chemicals for state action and requiring manufacturers of consumer products to disclose the chemicals in their products.
• BPA Phase Outs. At least 20 states will consider policy to restrict the use of the hormone-disrupting chemical BPA in infant formula cans, other food packaging, children's products, and receipt paper. Alaska, Alabama, Arizona, Connecticut, Colorado, Georgia, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Maine, New Hampshire, New York, North Carolina, New Jersey, Tennessee, Virginia, West Virginia and Wisconsin are all states considering such legislation.
• Tris Flame Retardant Phase Outs. At least four state legislatures will introduce policies to phase out the use of the flame retardant chlorinated Tris in children's products. Chlorinated Tris is a flame retardant that was removed from children's pajamas in the 1970s because of concerns over adverse health effects, including cancer, but has reappeared in other children's products. Connecticut, Maryland, New York, and Washington are legislatures considering such a ban. In addition, Alaska, Michigan, New Jersey and New York legislatures will consider policies to reduce exposure to the flame retardant decaBDE.
• Green Cleaning in Schools. Earlier this month, Vermont passed policy requiring manufacturers to only sell environmentally preferable cleaning products to schools. Massachusetts, New Jersey, New York, and North Carolina are considering similar policy.
• Cadmium Bans in Children's Products. At least 5 states will be introducing or have introduced policies to ban the use of cadmium in children's products, including Hawaii, Maryland, Michigan, New York, and Tennessee. Cadmium is linked to cancer and other health effects.
• Other policies. Oregon has introduced policy to require the state to reduce toxics through its procurement process. New York is considering policy to restrict formaldehyde in beauty products. Massachusetts and Georgia are also considering policy to improve the safety of cosmetics. Other states have introduced individual chemical restrictions, such as lindane in Michigan and perchloroethelyene in Vermont.

We have seen proof that state legislation creates a ripple which has effects that reach further than the state's borders. State legislation causes manufacturers to make nationwide changes, and sometimes it is the leader for federal regulatory changes. We look forward to another year of working to protect children and families from the debilitating effects of the toxic chemicals in our every day environment.

Press release: State Legislatures Tackle Toxic Chemicals To Protect Citizens (PDF)

About the author: Sarah Doll, mother of an adorable three year old, is the national director of SAFER states, a coalition of state-based organizations championing solutions to protect public health and communities from toxic chemicals.

References

¹Toxic chemical reform is good for business Louisville Charter, April 15 2010.

The Safe Chemicals Act (SCA) of 2011, an update to the outdated Toxic Substances Control Act (TSCA) of 1976, got its first major hearing in the United States Senate at the end of November. The Toxics Substances Control Act oversees chemical use and production in the country. However, it is out of date and allows toxic chemicals onto store shelves and into our daily lives.

The hearing, under the purview of Senators Lautenberg (D-NJ) and Inhofe (R-OK), was intended to be a discussion of strategies to fix this broken system. Unfortunately, instead of helping move the search for solutions forward, the American Chemistry Council (ACC) claimed that they were ambushed by this hearing and began quickly to work behind the scenes to stop any forward momentum for the Safe Chemicals Act.

They refused when asked to provide alternative language to the bill portions to which they object. According to our allies at Safer Chemicals, Healthy Families (SCHF), the ACC then canceled a long-scheduled meeting between advocacy groups and industry thus signaling that they are unwilling to work toward a compromise. Daniel Rosenberg, the National Resources Defense Council's Senior Attorney, said of the ACC: "They declined to engage constructively on this issue at exactly the time when Democrats are ready to move forward with legislation."

This behavior is especially disappointing because in state hearings on toxic chemical bills, the ACC often makes a case for federal regulation over state regulation. This week it became crystal clear: they want federal regulation only if they can weaken it and gut its intention so that the industry can continue to do what it wants--produce chemicals unchecked, refuse to disclose what chemicals are used in our everyday products, and avoid public and scientific scrutiny at every turn.

On the bright side there were a few in industry, like the Consumer Specialty Products Association (which represents brands like Procter and Gamble and SC Johnson), who acted as a constructive player in the hearing. "Perhaps because these companies sell directly to consumers they recognize the economic costs of the current collapse of confidence in our federal safety regulations" Said Andy Igrejas, Campaign Director for SCHF.

We at Safer States stand behind our partners working on the Safe Chemicals Act: Nationwide regulation is needed as the DNA to guide chemical production in this country. But we will not be backing down on regulation on the state level. Dozens of laws have been passed in statehouses and localities to protect children, families and workers from toxic chemicals. In the wake of this behavior from the ACC, state legislators around the country are again mobilizing en masse to protect local families in their states and introduce another wave of chemical reform legislation in the coming year—and every year—until common sense protections from toxic chemicals are adopted federally.

You can read more about the hearing at Safe Chemicals, Healthy Families where Campaign Director Andy Igrejas has published his notes from the hearing.

Bowing to pressure from state legislatures and a healthy consumer demand for safer products, the chemical industry announced today they are asking the FDA to eliminate bisphenol-a (BPA) from baby bottles and sippy cups. The industry, led by the American Chemistry Council, has mounted intense opposition to state and federal laws banning BPA.

The industry specifically cited the growing list of state laws banning the hormone-disrupting chemical from baby bottles and sippy cups as the reason for FDA to take action. Just this week California became the 11th state, joining Maine, New York, Vermont, Maryland, Minnesota, Connecticut, Massachusetts, Wisconsin, Delaware and Washington to ban the chemical.

"Without forward-looking state action on BPA, we would still be waiting around for the federal government to act.", said Ivy Sager-Rosenthal, Campaign Director for the Washington Toxics Coalition. "It's our hope the chemical industry and the federal government will get behind meaningful reform of the nation's chemical laws. But until that happens, states are going to continue passing laws limiting BPA and other harmful chemicals in consumer products because consumers are demanding it."

Bisphenol-a is ubiquitous in our lives, and is found in canned goods, register receipts and dental sealants and is linked with health concerns including and behavioral impacts in young children, reproductive issues, diabetes, obesity and cancer.

With BPA now out of baby bottles and sippy cups, the states are now looking to protect even more people from the dangers of BPA; This year Connecticut led that charge by passing a law to remove BPA from register receipts, and other states are following suit.

BPA laws make up just a small number of state laws aimed at eliminating harmful chemicals. States have taken the lead in passing strong laws to regulate chemicals, particularly in consumer products, with 18 states passing 81 laws on chemicals in the last 9 years.

by Mary Brune

Tomorrow, August 11th, is my daughter Olivia's birthday. My almost second-grader, who just finished reading "Harry Potter" book, is turning seven. It's hard to believe. Tomorrow we'll celebrate this milestone in the presence of family, give her gifts, and enjoy the Brune birthday staple: ice cream cake.

But today, while the rest of our family frolics in the sand at the Jersey shore, my daughter and I will travel two and a half hours by train to New York City to join other mothers and children in celebrating another important event: The National Stroller Brigade Day of Action in support of The Safe Chemicals Act of 2011.

The New York event is one of several taking place across the country, to either thank Senators for being—or encourage them to become—a co-sponsor of this important chemical reform legislation. In New York, we will be thanking both Senators Gillibrand and Schumer for their early formal support for these common sense reforms. Senator Gillibrand, as another concerned mom, has been increasingly active around the need to better protect our children and has played a leading role in this effort.

As legislative sessions around the country wrap up it's a good time to take stock of the landscape. Even in the wake of federal struggles, economic concerns and industry backed opposition, states continue to take on and pass toxic laws and policies.

So far in 2011, nine new toxic chemical policies have been passed in seven states, adding to a total of over 80 chemical safety laws passed in the last nine years by an overwhelming margin with broad bipartisan support (see the Healthy States report for more details on bipartisan support for toxics reform). In 2011, 99% of Democrats and 86% of Republicans supported these policies. In addition to bills passed, protections also increased through administrative action and rule implementation. In total, 10 states in 2011 have made changes in favor of a healthier, less toxic environment for families and future generations.

Some firsts:

• Connecticut became the first state in the nation to ban bisphenol-A (BPA) from thermal receipt paper.
• Washington became the first state to require manufacturers of children's products to report what toxic chemicals are present in their products.
• New York was the first state in the nation to ban products for children containing the toxic tris flame retardant linked to cancer.

 

 

When it comes to toxic chemical reform across the nation, many of the legislative heroes are dads, husbands and grandfathers who are not only working hard to protect the lives of the electorate, but more personally to remove toxic chemical threats from their own families.

Today, we are featuring three legislators, Senator Richard McCormack from Vermont, Representative Dick Roy from Connecticut, and Delegate James Hubbard from Maryland who are not only leaders in their field, but also family men – fathers and grandfathers. "We're the guys who are supposed to be protecting the family from the bad guys," Senator McCormack told us in a recent interview, a sentiment which nicely sums up the quiet, family force behind the work of these heroes.

We here at Safer States stand up and applaud these legislators for keeping us all safe.

Senator Richard McCormack, Vermont

"I do think that there are times that my environmental politics derives in part from my sense of wanting to protect the people that I love."

Because of his hard work on the Senate Natural Resources and Energy Committee, Senator Dick McCormack is a leader in the state of Vermont who helps to pass laws protecting Vermont's citizens. Senator McCormack has been in the Vermont legislature since 1988.

Vermont is a leader in toxics legislation, and their laws include a ban on bisphenol-A (BPA) in baby bottles and sippy cups, a ban on toxic flame retardants, and several laws regulating the use of products containing mercury within the state.

Senator McCormack is particularly concerned about mercury exposure, and serves on the Advisory Committee on Mercury Pollution¹. Describing why mercury is so harmful, Senator McCormack says, "One of the problems is that it bioaccumulates, and there's no such thing as a small dose because it keeps adding up. Several individually harmless exposures stay in the fatty tissue. Aside from the bioaccumulation; another problem is that mercury is ubiquitous." Mercury is harmful to the brain and nervous system of humans, and is particularly bad for developing fetuses².

 

 

May is a month focused on women—the month started out with Mother's Day, and the week of May 8 is National Women's Health week, established to empower women to make their health a top priority.

Toxic chemicals are an increasingly important topic with women's health—too much chemical exposure at the beginning of life, or during pregnancy, can cause adverse health effects for women and for their children.

This month, we are featuring women heroes: women who are strong advocates for reducing exposure to toxic chemicals. Three of the women are legislators, and one is a scientist. They are tied together in the hard work that they are doing in their field to make our world and our homes safer from toxic chemicals.

In choosing these women, it was overwhelmingly clear that it's possible to come from very different backgrounds and agendas and reach the same conclusion: that stronger policies to reduce exposure to harmful chemicals are necessary on a state and federal level, with bi-partisan support to protect the health of our families and the most vulnerable populations in our society.

 

 

Persistent, bioaccumulative toxics, commonly known as PBTs, are a group of toxic chemicals that are joined together by some common features. Common PBTs in our lives include mercury, DDT, cadmium, lead, and several groups of chemicals including PCBs, toxic flame retardants (PBDEs) and dioxins. While these chemicals have many different uses in our lives, and different effects on our health, they are joined together by the following facts:

1. PBTs are persistent. These chemicals are often used in manufacturing because of the exact features that cause great, great trouble in our environment: they don't break down, and they stay in the environment for a very long time. PCBs, for instance, are man-made mixtures of chlorinated compounds that are used in manufacturing because they are non-flammable, have a high boiling point, and are insoluble in water: all features that make them very difficult to dispose of.
2. PBTs are bioaccumulative. Once these chemicals are ingested by living creatures, they build up in fatty tissue, and move up the food chain as they are consumed by bigger creatures, eventually making their way into our diets.
3. PBTs are toxic. These chemicals have been associated with all manner of health effects: mercury affects the nervous system of developing fetuses, chronic exposure to DDT affects the liver and kidneys among other parts of the body, cadmium has been labeled by the Environmental Protection Agency (EPA) as a probable carcinogen, lead exposure in adults results in neurological effects like seizures, PCBs pose a cancer risk, PBDEs have been found to be endocrine disruptors, and dioxins cause reproductive and developmental problems.

When the President's Cancer Panel released a report in May 2010 advising Americans to take specific steps to reduce environmental toxins in their lives and thus reduce cancer risk, it was a watershed moment. The report recommended that Americans drink filtered water, avoid bisphenol-A (BPA), eat food grown without pesticides, and carefully choose the household products they use.

In an interview with the Breast Cancer Fund, Dr. Margaret Kripke, member of the President's Cancer Panel, commented on the creation of the report: "This was an enormously eye-opening experience for me." The panel decided to focus on cancer-causing environmental toxins because they are of concern to many Americans, and because 6% of cancers are thought to be caused by environmental carcinogens – this means that about 20,000 Americans are dying each year due to cancer caused by their environment.

In January, legislators and environmental health advocates in thirty states and Washington, DC announced that they will be introducing bills during their states' 2011 legislative sessions that will protect children and families from harmful toxic chemicals.

The proposed policies run the gamut from comprehensive laws that will promote safer alternatives to toxic chemicals to those that will outlaw specific toxic chemicals including cadmium, bisphenol-A (BPA), and toxic flame retardants. Public support is behind more stringent toxic chemicals laws, and legislators are hearing the message. A study released in November 2010 in conjunction with Safer Chemicals, Healthy Families shows that 18 states have passed 71 chemical safety laws in the last eight years by an overwhelming, bipartisan margin.

Sarah Doll, National Coordinator for Safer States, a network of diverse environmental health coalitions and organizations in states around the country, is looking forward to legislative action in 2011. "This is going to be an exciting year. States are poised to further protect people across the nation from the harms of toxic chemicals."