BPA Ban fails in Oregon Senate

The Oregon Senate failure to pass the BPA ban today is a wake up call.  As Jon Isaacs wrote on the OLCV blog, Feb 15th in anticipation of the passing of Senate Bill 1032: "I don't think it's possible for a public health issue to be any less controversial and straightforward to Oregonians than keeping toxic chemicals out of food containers intended for babies." The Oregon Environmental Council chronicled a whole list of scientific information regarding the harm to children in supporting the ban, including:

• Premature babies are exposed to levels of BPA ten times greater than the general population
• BPA exposure is linked to heart disease, diabetes and liver abnormalities in humans
• The Centers for Disease Control found BPA exposure in 93% of Americans age 6 and up during a test in 2007.

What this tells me is you can't take anything for granted, not common sense, not clear and compelling health outcomes, not the fact that Washington, Wisconsin, California, and Minnesota already had pushed ahead; and not that the federal government has indicated it will enact this as well.  

When it comes to curtailing toxins in our environment, the air we breathe and the products we use, citizens must continue to apply the necessary pressure through letters to our public representatives and newspapers, and through public engagement in the regulatory process.

A few weeks ago, I received an update from the Department of Environmental Quality regarding its Portland Air Toxic Solutions Advisory Committee.  I am one of over 30 professionals and private citizens sitting on this committee to devise the plan to reduce the dangerous air toxins identified in the Portland air shed.  This is not easy, as we found after the first meeting last August.  Even agreeing on the ground rules is contentious when you have competing interests at the table.  But being at the table is critical, and not taking anything for granted is essential, to seeing real and measurable improvements to our policy of regulating and reducing air toxics.  

Despite the tremendous strides on this issue this past year and the growing national momentum behind curbing the health endangering chemicals and toxic substances in our environment, the failure of the BPA ban in the Oregon legislature reminds me of the uphill battle citizens face to push back the tide on the proliferation of chemicals in our midst.  We must continue to speak out about our concerns.

Transparency

It was disturbing to read The Oregonian article last week about DEQ's effort to assist a major industrial polluter in circumventing Federal emission laws: DEQ to help polluter seek federal break.

This article is not about jobs vs the environment. It is about DEQ's discretionary authority and the transparency of the process the agency uses to set priorities. It demonstrates the worst fear residents have about the alleged science that tells us industry is not a significant part of the air pollution problem in our city. Instead it is very possible to infer this science masks an agency bias, that while employing no economists on staff, the agency still chooses to weigh the financial interests of the industrial facilities that the DEQ is charged with the duty to regulate. This calls into question every aspect of the DEQ's Air Quality Division, including its basic assumptions for the Portland Air Toxics Solution which specifically has said addressing individual point sources of pollution will be excluded from consideration.

I appreciate that our elected officials like city and state representatives and the governor, may at times be faced with these kinds of tough decisions. Decisions that must look at what serves the greater public good: economy or environment. But this type of over arching decision should not be in the hands of the Department of Environmental Quality which has a mission statement to specifically safeguard the environment and public health and well-being.

In the time since I was given the opportunity to testify at the Health Interim Workgroup hearing, I have been trying to consider what legislative/policy steps might be taken to fix this problem. I have also taken part in the first of six meetings of the Portland Air Toxics Solution (PATS) Advisory Committee. And I have researched existing programs that are better addressing the mitigation of industrial pollutants. There are two things that I think could be specifically interesting for Portland and Oregon to consider:

1. Re-framing PATS to model after the Louisville, KY STAR program. This program brought industry to the table and held them to enforceable emissions standards based on a "no greater than 1 in a million risk" of additional cancers for any one source of toxic pollution. With 32 of 37 industrial facilities in compliance within 2 years, the city has seen dramatic drops in toxic air pollution including a 75% drop in 1,3 Butadiene. Compare this to PATS, which has already invested 10 years to just define the problem and is projecting the program, which will ultimately produce voluntary, not mandatory, guidelines, will also take another 10 yrs to realize results. That is almost two generations of children.

2. Consider a state version of "Kids Safe Chemical Act." legislation introduced by Senator Lautenberg (D-NJ), and Representatives Solis (D-CA) and Waxman (D-CA) to protect Americans, especially children from chemicals introduced by industry, by putting the burden on companies to prove they are safe before they can introduce them into the environment.

While most of the provisions of this bill are designed to combat the unfettered use of toxic chemicals in consumer products designed for children, I believe much of this same language could inform the industrial air pollution regulatory process to better safeguard the air quality of the communities where our children live, play and go to school:

Highlights of the Kid Safe Chemicals Act of 2008

Require Basic Data on Industrial Chemicals
Chemical companies must demonstrate the safety of their products, backed up with credible evidence. Chemicals that lack minimum data could not be legally manufactured in or imported into the United States. [Section 505]

Place the Burden on Industry to Demonstrate Safety
EPA must systematically review whether industry has met this burden of proof for all industrial chemicals within 15 years of adoption. [Section 503]

Restrict the Use of Dangerous Chemicals Found in Newborn Babies
Hazardous chemicals detected in human cord blood would be immediately targeted for restrictions on their use. [Section 504]

Use New Scientific Evidence to Protect Health
EPA must consider and is authorized to require additional testing as new science and new testing methods emerge, including for health effects at low doses or during fetal or infant development and for nanomaterials. [Section 503]

Establish National Program to Assess Human Exposure
The federal government’s Center for Disease Control and Prevention (CDC) is to expand existing analysis of pollutants in people to help identify chemicals that threaten the health of children, workers, or other vulnerable populations. [Section 505]

Expand the Public Right to Know on Toxic Chemicals
New, Internet-accessible public database on chemical hazards and uses will inform companies, communities, and consumers. EPA is to rein in excessive industry claims of confidentiality. [Sections 511 and 512]

Invest in Long-Term Solutions
New funding and incentives are provided for development of safer alternatives and technical assistance in “green chemistry.” [Section 508]

I sincerely believe that the engagement and leadership of our elected officials brings new hope for optimism on this issue of turning back the clock of unfettered industrial emissions. It is time to take the burden off the DEQ to manage the huge conflicted tasks of safeguarding the environment and public health and well being with balancing the interests of the industrial polluters the agency regulates. Specific policy and legislation will provide the clear framework for the regulatory process. I look forward to working with the elected officials, at the city, county, metro and state level, to realize this.