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Use of Potentially Harmful Chemicals Kept Secret Under Law
Of the 84,000 chemicals in commercial use in the United States -- from flame retardants in furniture to household cleaners -- nearly 20 percent are secret, according to the Environmental Protection Agency, their names and physical properties guarded from consumers and virtually all public officials under a little-known federal provision.
The policy was designed 33 years ago to protect trade secrets in a highly competitive industry. But critics -- including the Obama administration -- say the secrecy has grown out of control, making it impossible for regulators to control potential dangers or for consumers to know which toxic substances they might be exposed to.
At a time of increasing public demand for more information about chemical exposure, pressure is building on lawmakers to make it more difficult for manufacturers to cloak their products in secrecy. Congress is set to rewrite chemical regulations this year for the first time in a generation.
Under the 1976 Toxic Substances Control Act, manufacturers must report to the federal government new chemicals they intend to market. But the law exempts from public disclosure any information that could harm their bottom line.
Government officials, scientists and environmental groups say that manufacturers have exploited weaknesses in the law to claim secrecy for an ever-increasing number of chemicals. In the past several years, 95 percent of the notices for new chemicals sent to the government requested some secrecy, according to the Government Accountability Office. About 700 chemicals are introduced annually.
Some companies have successfully argued that the federal government should not only keep the names of their chemicals secret but also hide from public view the identities and addresses of the manufacturers.
"Even acknowledging what chemical is used or what is made at what facility could convey important information to competitors, and they can start to put the pieces together," said Mike Walls, vice president of the American Chemistry Council.
Although a number of the roughly 17,000 secret chemicals may be harmless, manufacturers have reported in mandatory notices to the government that many pose a "substantial risk" to public health or the environment. In March, for example, more than half of the 65 "substantial risk" reports filed with the Environmental Protection Agency involved secret chemicals.
"You have thousands of chemicals that potentially present risks to health and the environment," said Richard Wiles, senior vice president of the Environmental Working Group, an advocacy organization that documented the extent of the secret chemicals through public-records requests from the EPA. "It's impossible to run an effective regulatory program when so many of these chemicals are secret."
Of the secret chemicals, 151 are made in quantities of more than 1 million tons a year and 10 are used specifically in children's products, according to the EPA.
The identities of the chemicals are known to a handful of EPA employees who are legally barred from sharing that information with other federal officials, state health and environmental regulators, foreign governments, emergency responders and the public.
Last year, a Colorado nurse fell seriously ill after treating a worker involved at a chemical spill at a gas-drilling site. The man, who later recovered, appeared at a Durango hospital complaining of dizziness and nausea. His work boots were damp; he reeked of chemicals, the nurse said.
Two days later, the nurse, Cathy Behr, was fighting for her life. Her liver was failing and her lungs were filling with fluid. Behr said her doctors diagnosed chemical poisoning and called the manufacturer, Weatherford International, to find out what she might have been exposed to.
Weatherford provided safety information, including hazards, for the chemical, known as ZetaFlow. But because ZetaFlow has confidential status, the information did not include all of its ingredients.
Mark Stanley, group vice president for Weatherford's pumping and chemical services, said in a statement that the company made public all the information legally required.
"It is always in our company's best interest to provide information to the best of our ability," he said.
Behr said the full ingredient list should be released. "I'd really like to know what went wrong," said Behr, 57, who recovered but said she still has respiratory problems. "As citizens in a democracy, we ought to know what's happening around us."
The White House and environmental groups want Congress to force manufacturers to prove that a substance should be kept confidential. They also want federal officials to be able to share confidential information with state regulators and health officials, who carry out much of the EPA's work across the country.
Walls, of the American Chemistry Council, says manufacturers agree that federal officials should be able to share information with state regulators. Industry is also willing to discuss shifting the burden of proof for secrecy claims to the chemical makers, he said. The EPA must allow a claim unless it can prove within 90 days that disclosure would not harm business.
Meanwhile, the Obama administration is trying to reduce secrecy.
A week after he arrived at the agency in July, Steve Owens, assistant administrator for the EPA's Office of Prevention, Pesticides and Toxic Substances, ended confidentiality protection for 530 chemicals. In those cases, manufacturers had claimed secrecy for chemicals they had promoted by name on their Web sites or detailed in trade journals.
"People who were submitting information to the EPA saw that you can claim that virtually anything is confidential and get away with it," Owens said.
The handful of EPA officials privy to the identity of the chemicals do not have other information that could help them assess the risk, said Lynn Goldman, a former EPA official and a pediatrician and epidemiologist at the Johns Hopkins Bloomberg School of Public Health.
"Maybe they don't know there's been a water quality problem in New Jersey where the plant is located, or that the workers in the plant have had health problems," she said. "It just makes sense that the more people who are looking at it, they're better able to put one and one together and recognize problems."
Independent researchers, who often provide data to policymakers and regulators, also have been unable to study the secret chemicals.
Duke University chemist Heather Stapleton, who researches flame retardants, tried for months to identify a substance she had found in dust samples taken from homes in Boston.
Then, while attending a scientific conference, she happened to see the structure of a chemical she recognized as her mystery compound.
The substance is a chemical in "Firemaster 550," a product made by Chemtura Corp. for use in furniture and other products as a substitute for a flame retardant the company had quit making in 2004 because of health concerns.
Stapleton found that Firemaster 550 contains an ingredient similar in structure to a chemical -- Di(2-ethylhexyl) phthalate, or DEHP -- that Congress banned last year from children's products because it has been linked to reproductive problems and other health effects.
Chemtura, which claimed confidentiality for Firemaster 550, supplied the EPA with standard toxicity studies. The EPA has asked for additional data, which it is studying.
"My concern is we're using chemicals and we have no idea what the long-term effects might be or whether or not they're harmful," said Susan Klosterhaus, an environmental scientist at the San Francisco Estuary Institute who has published a journal article on the substance with Stapleton.
Chemtura officials said in a written statement that even though Firemaster 550 contains an ingredient structurally similar to DEHP does not mean it poses similar health risks.
They said the company strongly supports keeping sensitive business information out of public view. "This is essential for ensuring the long-term competitiveness of U.S. industry," the officials said in the statement.
Staff researcher Madonna Lebling contributed to this report.
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24 Comments so far
Show Allzetaflow is the Fracking fluid that is being injected into ground water throughout the USA in the OIL and Gas industries attempt to obtain the last molecules of fossil fuels.
Zetaflow is what USA families throughout the nation are drinking from contaminated wells.
Zetaflow still may be injected near NYC watersource.
Zetaflow kills more USA ans than any terrorist.
Exxon recently purchased a Gas company that specializes in Zetaflow domestic terrorism.
Will this Oministration stop this deadly outrage?
Once again we see "the long term competitiveness of US business" trump the health of American citizens and other living things.
Yup, this stuff could be getting injected into the ground, then drawn back out and disposed directly in the river where my drinking water come's from.
But try to discuss this with you negighbors, the Pittsburgh Post-Gazette or local TV stations, and you will just be dismissed as an enviro-socialist crank who is "anti-freedom".
Divulging of the ingriedents in these poison frack fluids is considered a "illegal taking" of the corporation's "intellectual property" and therfore a violation of that most Noble and Holy of all human institutions: "Free Markets".
When is someone going to get the balls to simply pay the "owner" of this "intellectual property" a visit, put a gun to their head and make them divulge the toxic ingredients that way. After all, that is effectviely what "Free Markets" are to the property-less - a gun to their head. Freedom and "non-coercion" my fucking ass.
Actually a general knowledge of fracking ingrediants is available.
I read of it in our county's successful battle against the fossil drillers.
If you can not find the ingrediants I will research it.
The secret to keeping them out, is to have your county council charge, the fossil drillers for increase in fire, police, roads, schools etc. costs.
One needs more than a general knowlege. One needs the exact chemical formula and isomer used in order to do toxicity studies, and develop a test for it in water supplies.
My county is inviting the drillers with open arms. They even solicited for drilling at county-owned Pittsburgh International Airport.
You need only know chemical families or similiar structures to discover if your well is poisoned.
These poisons do not occur naturally.
Just the names of the chemicals would inform a knowledgeable biochemist of likely effects.
I don't have a well, my concern is the Monongahela and Allegheny rivers and the entire population of greater Pittsburgh - who, at present seem pretty clueless.
Everything possible, including the WORST possible must be done to maintain profits from which capital can seek returns. It literally has a life of its own at this point. To point out the individual symptoms of this catastrophe, or the high profile individuals involved is a waste of time. Its like treating the open sores on a cancer patient and ignoring the cancer.
This is the beast we must kill before it kills us.
This is much bigger than capitalism, communism, socialism.
We can change nothing until we change how money works.
business trumps life...who will the last customer be, and what product or service will they select as their last act?
alas, no one to witness...or to confirm...
One would think, at the political level, abolishing these "trade secret" protections would an absolute no-brainer, supported by virtually 100% of every politician's constituents everywhere.
But the politicians will hem and haw - partucularly Obama, making up all kinds reasons that calling for such a thing is unrealistic, or even "extremist" and therefore not doable.
They can all go to hell.
Poisoning humanity for the sake of progress, convenience and profit is a Zero-Sum Game.
Global Warming, Perpetual War, Corruption and Institutional Racism notwithstanding, the fact that thousands of pernicious substances are liberally distributed by the billions of pounds annually is sufficient, in and of itself, to spell doom for any society foolish enough to embrace this policy.
Funny how some people would rather have their own children wear toxic pajamas than to challenge the rights of industry.
Joe
I fail to see how keeping this stuff secret as in "This is essential for ensuring the long-term competitiveness of U.S. industry,"
The companies are unable to compete within EU because the EU requires disclosure AND bans harmful substances.
The competitiveness must only apply to other US companies and 'who can kill the most with my undisclosed chemicals'.
But I could be wrong !
"The identities of the chemicals are known to a handful of EPA employees who are legally barred from sharing that information with other federal officials, state health and environmental regulators, foreign governments, emergency responders and the public."
Goliath / golem / living dead that must provide a service function in a state of IGNORANCE ...
why was the EPA formed in the first place?
http://www.epa.gov/epahome/whatwedo.htm
Our Mission
The mission of EPA is to protect human health and to safeguard the natural environment -- air, water and land -- upon which life depends.
EPA's purpose is to ensure that:
all Americans are protected from significant risks to human health and the environment where they live, learn and work;
national efforts to reduce environmental risk are based on the best available scientific information;
federal laws protecting human health and the environment are enforced fairly and effectively;
environmental protection is an integral consideration in U.S. policies concerning natural resources, human health, economic growth, energy, transportation, agriculture, industry, and international trade, and these factors are similarly considered in establishing environmental policy;
all parts of society -- communities, individuals, businesses, and state, local and tribal governments -- have access to accurate information sufficient to effectively participate in managing human health and environmental risks;
environmental protection contributes to making our communities and ecosystems diverse, sustainable and economically productive; and
the United States plays a leadership role in working with other nations to protect the global environment.
aren't words fabulous? with them, one can comfortably, repeatedly and elaborately express, whether precisely or in large gulps of obfuscation, that you believe, or will do, the polar opposite of what you actually believe, or intend to actually do...words will even assist you in reassuring everyone of your utterly absent sincerity...
26 letters will assemble into anything...which can then be twisted into anything...
actions, on the other hand...or lack of action...
shhhh, that's supposed to be secret.
Once upon a time, there were some businesses which were proud to show what went into their products because they believed in quality.
Now, seemingly, most businesses don't know, don't care, and worship Marketing and Greed.
Ah...the beauty of Capitalism.
The almighty buck trumps peoples health time and time again.
The real trouble is that it is being done on PURPOSE.
Does anyone besides me wonder about the seeming increase in cancers in our country possibly, just possibly being related to all the chemicals added to just about everything these days?
The almighty dollar is of greater concern to our government than the health of its people.
peggy, you are exactly right about the connection between chemicals and cancer.
This is why I find it so appalling that all of the cancer "finding a cure" businesses out there take money from people when they know it's a sham.
The cure is prevention. The cure is exposing the chemical companies and our government that protect their own wealth and power over the health of the public.
Eating organic whole foods and plants, using vinegar, water and baking soda for cleaning, and using personal products that do not contain aluminums, proplene glycol, sodium lauryl sulfates and paraben is what I do to protect myself and my family.
It may seem to cost more but my health and my family's (including my cats') health is too important to devalue.
Besides, eliminating all those cleaning products I used to buy, certainly saves money.
"They said the company strongly supports keeping sensitive business information out of public view. "This is essential for ensuring the long-term competitiveness of U.S. industry," the officials said in the statement."
In other words, anything goes if it produces a profit.
What more evidence do we need of the essentially immoral nature of capitalism?
Very few leading authority figures (governments, business, even religious) consider us human beings (beings that are humane) any more; we not even citizens, as we are now only consumers and we damn well better consume or we will be cast into the trash bin of corporate non-beingness: a street person, a terrorist, an anarchist, a hippy with prison, or death stalking us.
Take our shit products (food, medicine, etc. etc.) or we will pour it down your damn throats. This is the "Free Market" in action.
It doesn't look bright for our survival
Better cancers through better chemistry. Has everyone forgotten about Love Canal? How about the Rocky Flats plutonium contamination. I recently listened to a presentation by the CDC concerning environmental contamination by radioactive materials released at Los Alamos National Laboratory (LANL). The experts reported that the actual amount of this material released is at least 100 times greater than the amount claimed by the laboratory. How about the contamination of the Hudson River by dioxin coming from the General Electric plant upstream. There is that little incident in India where the release of a poisonous product from a Union Carbide plant killed large numbers of people and blinded hundreds. As far as the corporations and the government are concerned we are all living in Bophal and will just have to take our chances.
Yes, this field is highly competitive and hundreds of new chemicals created every week. I've watched one film about food. I've got it at shared files SE http://filecraft.com . There was an information how much dangerous chemicals are in our food and the authorities cannot do almost anything as every day something new appears.