Pollution Engineering - September 2008 - (Page 18)

LEGALLOOKOUT By Lynn L. Bergeson Mixing Child Health and Chemicals EPA revisits the voluntary children’s chemical evaluation program. O n June 27, 2008, EPA announced its decision to convene a public meeting in July on modifications the agency intends to make to the Voluntary Children’s Chemical Evaluation Program (VCCEP). The meeting was intended to give the public an opportunity to comment on the VCCEP modifications, and to solicit public comment on EPA’s plans to use the modified VCCEP approach under the Chemical Assessment and Management Program (ChAMP). Both are important chemical testing/stewardship programs that Pollution Engineering readers should be closely monitoring, for the revisions noted blow. Children’s health testing In 2000, EPA began a pilot study of the VCCEP. Its goal was to provide data enabling a better public understanding of the potential health risks to children associated with certain chemical exposures. The agency began by asking companies that manufacture/import 23 chemicals found in human tissues and the environment to sponsor an evaluation of these chemicals. Industry sponsors volunteered for all but three of the chemicals. Sponsorship required the companies to collect or develop health effects and exposure information on their chemical(s) and then to integrate that information in a risk assessment and a “data needs” assessment. in the VCCEP peer consultations; and sponsoring the development of responses to the consultation’s reports promptly and accordingly amending as needed their assessments within 90 days. Also of importance, the meeting provided the public with an opportunity to comment on the use of the modified VCCEP approach to address certain data and assessment needs identified in EPA’s review of highproduction volume (HPV) and mid-production volume (MPV) chemicals under ChAMP, under which EPA hopes to fulfill U.S. commitments made under the Security and Prosperity Partnership of North America (SPP). To fulfill its part of the SPP commitment, the U.S. will, by 2012, complete screening-level risk characterizations and take action, as appropriate, on more than 6,750 chemicals produced above 25,000 pounds per year. The U.S. commitment to complete assessments and initiate needed action on these chemicals will apply the results of EPA’s work on HPV chemicals, and extend its efforts to moderate production volume chemicals. What this means EPA is devoting considerable energy and resources to children’s health and chemical testing initiatives. To the extent companies produce, process or use chemicals identified as potentially harmful to children’s health, care should be taken to understand the implications of any data supporting or challenging this perception, and to advocate positions that are science-based to support the continued marketing of these chemical products. Failure to do so could result in commercial deselection and/or potential product liability concerns. PE VCCEP modifications The pilot study revealed that changes had to be made. The June 27, 2008, Federal Register notice outlines the modifications EPA has in mind. These include changes in chemical selection. Future VCCEP chemicals will primarily be selected from chemicals that, when assessed as part of ChAMP, are identified as being of special concern and as presenting hazard/exposure data needs that are relevant to characterizing risks to children. The chemical assessment process may also change. Modifications will address timeliness concerns, specific due dates will be included in the program for the sponsor’s submission, peer consultations, and EPA dataneed decisions. As for the peer consultation process, proposed modifications include sponsor responsibility for contracting with an independent third party to manage the review and bearing the costs of same; continuing the “data gaps” vs. “data needs” concept Lynn L. Bergeson is managing director of Bergeson & Campbell, P.C., a Washington, D.C., law firm focusing on conventional and engineered nanoscale chemical, pesticide, and other specialty chemical product approval and regulation, environmental health and safety law, chemical product litigation, and associated business issues, and President of The Acta Group L.L.C. and The Acta Group EU Ltd. with offices in Washington, D.C., and Manchester, U.K. Visit www.pollutionengineering.com and electronically forward a copy of this article to a colleague or customer. 18 Pollution Engineering SEPTEMBER2008 http://www.pollutionengineering.com

Table of Contents Feed for the Digital Edition of Pollution Engineering - September 2008

Pollution Engineering - September 2008 Contents The Editor’s Desk Reader Comments EnviroNews PE Events Legal Lookout Environmental Management The Green Files Guest Dialog 500-Year Storm Control How Do You Clean Up 100 Years of Pollution? SPCC: Don’t Wait and See The Next Wave in Air Purification An Invitation to the Windy City Flood Control Infrastructure Saves ‘Green’ Puts a New Spin on Pest Control Instrumentation Products Material Safety and Storage Equipment PE Products Classified Marketplace Advertisers Index State Rules

Pollution Engineering - September 2008

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