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Outspoken Scientist Dismissed From Panel on Chemical Safety

by Marla Cone

Under pressure from the chemical industry, the Environmental Protection Agency has dismissed an outspoken scientist who chaired a federal panel responsible for helping the agency determine the dangers of a flame retardant widely used in electronic equipment.

Toxicologist Deborah Rice was appointed chair of an EPA scientific panel reviewing the chemical a year ago. Federal records show she was removed from the panel in August after the American Chemistry Council, the lobbying group for chemical manufacturers, complained to a top-ranking EPA official that she was biased.

The chemical, a brominated compound known as deca, is used in high volumes worldwide, largely in the plastic housings of television sets.

Rice, an award-winning former EPA scientist who now works at the Maine Department of Health and Human Services, has studied low doses of deca and reported neurological effects in lab animals. Last February, around the time the EPA panel was convened, Rice testified before the Maine Legislature in support of a state ban on the compound because scientific evidence shows it is toxic and accumulating in the environment and people.

Chemical industry lobbyists say Rice’s comments to the Legislature, as well as similar comments to the media, show that she is a biased advocate who has compromised the integrity of the EPA’s review of the flame retardant.

The EPA is in the process of deciding how much daily exposure to deca is safe — a controversial decision, expected next month, that could determine whether it can still be used in consumer products. The role of the expert panel was to review and comment on the scientific evidence.

EPA officials removed Rice because of what they called “the perception of a potential conflict of interest.” Under the agency’s handbook for advisory committees, scientific peer reviewers should not “have a conflict of interest” or “appear to lack impartiality.”

EPA officials were not available for comment Thursday.

Environmentalists accuse the EPA of a “dangerous double standard,” because under the Bush administration, many pro-industry experts have served on the agency’s scientific panels.

The Environmental Working Group, a Washington, D.C.-based advocacy group, reviewed seven EPA panels created last year and found 17 panelists who were employed or funded by the chemical industry or had made public statements that the chemicals they were reviewing were safe. In one example, an Exxon Mobil Corp. employee served on an EPA expert panel responsible for deciding whether ethylene oxide, a chemical manufactured by Exxon Mobil, is a carcinogen.

Sonya Lunder, a senior analyst at the Environmental Working Group, called it “deeply problematic from the public interest perspective” for the EPA to dismiss scientists who advocate protecting health while appointing those who promote industry views.

Lunder said it is unprecedented for the EPA to remove an expert for expressing concerns about the potential dangers of a chemical.

“It’s a scary world if we create a precedent that says scientists involved in decision-making are perceived to be too biased,” she said.

Rice was unavailable for comment Thursday.

In addition to her testimony for the Maine Legislature, Rice has been quoted in media reports saying there is enough scientific evidence to warrant bans on deca. “We don’t need to wait another five years or even another two years and let it increase in the environment, while we nail down every possible question we have,” she told the Seattle Post-Intelligencer last March.

In a May letter to an assistant administrator at the EPA, Sharon Kneiss, a vice president of the American Chemistry Council, called Rice “a fervent advocate of banning” deca and said she “has no place in an independent, objective peer review.” She told the EPA that Rice’s role on the panel “calls into question the overall integrity” of the EPA’s evaluation of chemicals and that Rice may have influenced the other panelists in their review of deca.

Top EPA officials met with the industry group’s representatives in June and promised to take action, according to a letter that EPA Asst. Administrator George Gray sent to the group last month. In that letter, Gray said the EPA found “no evidence” that Rice “significantly influenced the other panelists.”

Environmentalists are concerned that Rice’s removal could result in a less protective standard.

After EPA officials dismissed her from the five-member panel, they removed her comments from the panel’s report on deca and removed all mention of her. Three months later, at the request of the chemical industry group, the EPA added a note to the panel report that Rice was removed “due to a perception of a potential conflict of interest” and that none of her comments were considered in their review of the chemical.

EPA documents show that Rice’s comments while serving on the panel focused on technical, scientific issues. For example, she advised the EPA to consider the cumulative effects of not just deca, but chemicals with similar neurological effects.

Rep. Henry Waxman (D-Los Angeles), chairman of the Committee on Oversight and Government Reform, said he was disturbed by Rice’s dismissal and the Environmental Working Group’s findings about pro-industry panelists.

“If this information is accurate, it raises serious questions about EPA’s approach to preventing conflicts of interest on its expert scientific panels,” Waxman said.

The conflict of interest policies of another environmental institute, the National Toxicology Program, also has come under fire. Last March, a major consultant for a federal center that evaluates reproductive hazards of chemicals was fired after The Los Angeles Times reported that the firm had financial ties to 50 chemical companies or associations.

Rice specializes in neurotoxins — chemicals that harm developing brains. Before she went to work for the state of Maine, she was a senior toxicologist at the EPA’s National Center for Environmental Research, where she had a major role in setting the EPA’s controversial guideline for exposure to mercury in fish.

In 2004, the EPA gave Rice and four colleagues an award for what it called “exceptionally high-quality research” for a study that linked lead exposure to premature puberty in girls.

Many toxicologists and other environmental scientists have said they are highly concerned about flame retardants known as PBDEs, polybrominated diphenyl ethers.

In laboratory tests, PBDEs have been found to skew brain development and alter thyroid hormones, slowing the learning and motor skills of newborn animals.

Two of the compounds, called penta and octa, were banned in 2004. Before the ban, amounts in human breast milk and wildlife were doubling in North America every four to six years, a pace unmatched for any contaminant in at least 50 years. Now they are decreasing.

Scientists had initially thought that the deca compound was not accumulating in people and animals as the other PBDEs were. But it appears that deca turns into other brominated substances when exposed to sunlight, and now many scientists say it, too, is building up in the environment worldwide. Deca has similar effects on animals’ developing brains as the banned PBDEs.

The chemical industry contends that low doses pose no danger and that the compound is necessary to prevent fires in many consumer products. In addition to TVs and other electronics, deca is used in furniture textiles, building materials and automobiles. About 56,000 tons were used worldwide in 2001, mostly in the United States and Asia.

Only Maine and Washington state restrict use of deca; both passed laws last year that phase out some uses. Similar bills have been introduced in California but have not passed.

marla.cone@latimes.com

© 2008 The Los Angeles Times

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8 Comments so far

  1. kelmer February 29th, 2008 12:33 pm

    “In laboratory tests, PBDEs have been found to skew brain development and alter thyroid hormones, slowing the learning and motor skills of newborn animals.”

    ** Victimize the innocent. Really nice demonstration of ethics and justice.

  2. Treefrog February 29th, 2008 12:48 pm

    The chemical industry has polluted the entire world, every man, woman, and child on earth. When will all this stop, when pigs fly and that shouldn’t be too long from now.

  3. mark February 29th, 2008 1:56 pm

    This will cease when people cut out the demand for crap that we do not need.

    The chemical industry is only partly to blame - consumers share responsibility here.

    Too long has the average “informed” citizen sat back and pointed fingers at these corporate structures. Do you own a TV? Then you are every bit a part of the problem.

    You bought the drug - the dealer is only so responsible. We need to start thinking a bit harder about what we’re doing here.

    I do not like the way things are run and how the public is rail-roaded, but I at least assume responsibility for what’s happening. Blaming others isn’t going to solve things. Not participating in the culture of poison is the first step.

    I agree that the chemical industry - along with most other industries - is a big part of the problem, but buying so much Junk like new televisions, monitors and stereo systems and game platforms is all part and parcel of the large issue here.

    If there is one thing the past century has taught me it is to not trust manufacturers or the governmental regulatory bodies. I trust my own sense of critical thinking and questioning. All else is folly.

  4. Jan Steinman February 29th, 2008 2:10 pm

    “The chemical industry contends that low doses pose no danger…”

    Just like DDT, Thalidomide, PCBs, dioxin… the list goes on.

    Kudos to mark, for pointing out that the junkie is blaming the dealer. De-consume! Stop buying plastic crap!

    Very soon now, most people will be more concerned with where their next meal is coming from than which is the best wide-screen TV. Oil just hit its all-time high (corrected for inflation).

    So why not get some practice in on a new life-style, before it is imposed on you by nature? Move within biking/walking distance of your job! Better yet, start a home-based business! Start a garden! Down-size your house! Starve the beast!

  5. namaste February 29th, 2008 3:18 pm

    We cannot have anyone biased toward health involved in the EPA, but maybe next year.

  6. Parallax February 29th, 2008 4:02 pm

    [EPA officials removed Rice because of what they called “the perception of a potential conflict of interest.” Under the agency’s handbook for advisory committees, scientific peer reviewers should not “have a conflict of interest” or “appear to lack impartiality.”]

    The same impartiality should be applied to all those jobs that presently go to the corporate hacks entering through the ‘revolving door’ between government and industry. Anyone for Donald Aspartame Rumsfeld’s nutrasweet?

  7. mark February 29th, 2008 5:36 pm

    hey thanks Jan :) not too many are willing to shine the light on themselves … unfortunately.

  8. Mr. Obvious March 4th, 2008 12:14 pm

    Often the scientists with the most knowledge on a subject are banned from these “expert panels” because they have a “confict of interest” or have taken a position on the issue. Of course the most knowledgable scientists have conflicts of interest. Working in a field is usually how you become an expert. If rules allowed experts from both sides to discuss the issues openly with an impartial panel of scientists to evaluate these arguments, more of these “expert panels” might arrive at opinions based on evidence rather than bias. The current “expert panels” necissarily contain no experts.

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