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American Chemistry Council Doesn’t Get What it Wants in Omnibus; Pretends to EPA That it Does

On Tuesday, the American Chemistry Council sent EPA Administrator Lisa Jackson a letter about the provisions regarding IRIS toxic chemical assessments in the omnibus spending bill. The ACC said:

H.R. 2055 also directs EPA to include documentation describing how the NAS Chapter 7 recommendations have been implemented or addressed in all IRIS assessments released in Fiscal Year 2012. The documentation is to include an explanation for why certain recommendations were not incorporated. Thus, it is incumbent on EPA to fully explain how the IRIS assessment of dioxin comports with the NAS recommendations. To comply with Congress's direction, EPA should withdraw the dioxin assessment from interagency review and take the necessary steps to implement the NAS recommendations.

Withdrawing the dioxin assessment would be a huge deal, setting back progress on protecting the public from the chemical. But is this what Congress directed in the omnibus? Luckily, no.

CPR President Rena Steinzor and Senior Policy Analyst Matthew Shudtz wrote to EPA Administrator Lisa Jackson today to correct the record on the ACC’s false claim. Their letter explains how the House had earlier considered a version of the bill that required EPA to rework all draft and final IRIS assessment due out in FY 2012, but ultimately went with a bill that requires revision of only the draft assessments and not the final assessments.

The non-cancer portion of the dioxin assessment is in final form and EPA has indicated it will publish the final document in January.  ACC is falsely claiming that the omnibus spending bill would require EPA to stop publication of that document and rewrite it.  This assessment has been through the wringer several times already, with reviews by both NAS (in 2006) and EPA’s on Science Advisory Board (earlier this year).  The non-cancer portion of the assessment has received good marks and is ready for final publication so that EPA can start setting vital public health protections.

For ACC’s members, delaying the dioxin assessment means fewer pollution control obligations.  But as the Center for Public Integrity explained today, for people in communities like Mossville, LA, the delay means more cancer, more reproductive health problems, and more harm to fetuses and children.

It’s worth noting that the National Academy of Sciences, which had recommended significant changes in the IRIS process in a report earlier this year on the formaldehyde assessment, has explicitly stated that EPA should not delay even the formaldehyde assessment as the agency works toward implementing the recommendations for improving the IRIS process. But ACC wishes to gum up the process regardless, and is apparently trying to do so even though it only got a part of what it wanted in the final omnibus.

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Ben Somberg | December 22, 2011

American Chemistry Council Doesn’t Get What it Wants in Omnibus; Pretends to EPA That it Does

On Tuesday, the American Chemistry Council sent EPA Administrator Lisa Jackson a letter about the provisions regarding IRIS toxic chemical assessments in the omnibus spending bill. The ACC said: H.R. 2055 also directs EPA to include documentation describing how the NAS Chapter 7 recommendations have been implemented or addressed in all IRIS assessments released in […]

Ben Somberg | December 22, 2011

Three Years After Tennessee Disaster, U.S. Effort to Prevent the Next Coal Ash Catastrophe Faces Uncertain Future

Three years ago today, an earthen wall holding back a giant coal ash impoundment failed in Kingston, Tennessee, sending more than a billion gallons of coal ash slurry over nearby land and into the Emory River. The ash had chemicals including arsenic, lead, and mercury. Clean up costs could be as much as $1.2 billion. […]

Yee Huang | December 21, 2011

The Cost of Delay: Stormwater Rule Postponed Again

Whoever accused the EPA of running amok is surely chagrined by the news last week that the agency is behind (again) on another important rule, this one to regulate the stormwater that pollutes many waterbodies across the United States.  Nancy Stoner, EPA’s Acting Assistant Administrator for Water, told a House Subcommittee last week that the […]

Catherine O'Neill | December 21, 2011

The Utility MACT: Finally Telling Coal Plants They Can’t Spew All the Mercury They Want

It was October 1990, George H.W. Bush was President, and the vote wasn’t close in either chamber: Congress overwhelmingly passed the 1990 Clean Air Act amendments, including provisions requiring EPA to reduce mercury emissions from major sources such as power plants. Today the EPA at long last released its rule regulating mercury emissions from coal-fired […]

Matt Shudtz | December 20, 2011

GOP Provision in Omnibus Spending Bill Will Add Extra Review for IRIS Arsenic Assessment, Cause Delay

The environmental community breathed a small sigh of relief last week when congressional negotiators released a spending bill without policy riders that would have prevented EPA from advancing rules on greenhouse gases, endangered species, and coal ash.  One rider that was included will slow EPA’s efforts to assess toxic chemicals’ potential health effects under the […]

Rena Steinzor | December 15, 2011

Obama Administration vs. Obama Administration: Are Regulations a Problem in this Economy?

The Obama Administration is sending mixed messages. On the one hand, several top economic officials have noted the extensive evidence that a lack of demand, rather than regulation, is the cause of a slow economic recovery and low job creation. Yet the President himself has contradicted his economic advisers on the issue in a misguided […]

Dan Rohlf | December 13, 2011

Draft ESA Listing Policy Suggests ‘Museum Piece’ Approach to Species Conservation

A draft policy released for comment last week by the U.S. Fish and Wildlife Service and National Marine Fisheries Service took on the challenging question of defining the circumstances under which only a portion of an ailing species may be eligible for federal protection under the Endangered Species Act. Unfortunately, the Services’ proposal continued the […]

Sidney A. Shapiro | December 7, 2011

Sen. McCaskill Joins the Republican Attack on Regulations with Misguided Bill

On Tuesday, Senators Susan Collins (R-ME) and Claire McCaskill (D-MO) introduced the Bipartisan Jobs Creation Act, legislation that offers a number of proposals for jump-starting the economy.  The bill includes two provisions that would hobble the regulatory system without generating the new jobs that the Senators seek. If these provisions were enacted, the bill would […]

Sidney A. Shapiro | December 7, 2011

House Passes REINS Act; CPR’s Shapiro Responds

Within the last hour, the House of Representatives approved the Regulations from the Executive in Need of Scrutiny Act – the REINS Act. The bill was among House Republicans’ top priorities for the year, and they’ve made it and a series of other anti-regulatory bills a centerpiece of their agenda. The plain purpose of the […]