Assembly Member Brian KavanaghEnvironmental Conservation Committee Member

NYS Assembly District 74

The Toxic Substance Control Act (TSCA) of 1976 does not adequately protect people or the environment from toxic chemicals

It does not require disclosure of information about chemicals

It does not require pre-market testing Burden of proof is too high for EPA to meet

Has allowed >83,000 chemicals into commerce

@62,000 were ‘grandfathered in’ when TSCA passed in 1976, and assumed safe

EPA only has adequate safety data on about 200 chemicals

Only five chemicals were banned under TSCA No chemical bans since 1990 (over 20 years)

Single-chemical bans (mercury, lead, cadmium, BPA, TCEP)

Chemical classes (PBDEs, Phthalates) Product sectors (electronics, cleaners,

cosmetics, etc.) Each a little different, drives federal reform Enables states to protect their residents

while waiting for Feds to act

Allows ‘regrettable substitution’ where product makers switch from a harmful banned chemical to a harmful unregulated one

Given the number of chemicals in commerce, with thousands more every year, banning chemicals one at a time is not protective

Flame Retardants are a classic example of these phenomena

Penta and OctaBDE bans in 12 states: CA, HI, IL, ME, MD, MI, MN, NY, OR, RI, VT, WA

DecaBDE bans in six of the 12 states: HI, ME, MD, OR, VT, WA

EPA phases out penta, octa, and deca NY bans TCEP, pending TDCPP bans in at

least four states (NY A.9045) Some states pass comprehensive bills that

can regulate numerous flame retardants

Nurses, Physicians, Scientists Labor, Sustainable Businesses Cancer, Learning Disability, other health-

affected advocacy groups Environmental Justice organizations Environmental Health groups Consumer Advocates

Industry Trade Associations:◦ American Chemistry Council◦ Business Council◦ Toy Industry Association◦ Juvenile Product Manufacturers Association

Their Surrogates◦ National Association of State Fire Marshalls◦ Retired Burn Doctors◦ NYS NAACP

Their Industry Front Group – “Citizens for Fire Safety”

Building and Electrical Codes (may be state, national, or international)

Other flammability standards for vehicles, infant car seats, etc.

California Technical Bulletin 117 –furniture flammability standard foam to withstand 12 seconds of open flame

Emerging School Bus Seat Policies (replicating CA TB117) in NV, MD, NY, elsewhere.

Ideally, chemicals management policy should come from the federal government

Until that day, states will increasingly take action to protect their residents

Flame Retardants are a classic example to tell the story of why broad reform is needed

Support for better chemicals regulation is strong, and growing, in the American public

Assembly Member Brian Kavanagh District Office

237 1st Avenue (14th Street)Room 407

New York, NY 10003212-979-9696

Albany Office419 LOB

Albany, NY 12248518-455-5506