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
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