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> From: "Confined Space" <donotre...@wordpress.com>
> Date: June 12, 2017 at 10:38:02 AM EDT
> To: "Richard Sprout" <spro...@upstate.edu>
> Subject: [New post] Industry calls EPA Proposal to Ban Bathtub
Stripper a “Blatant and raw power grab”
> 
> 
> New post on Confined Space
> 
> 
> Industry calls EPA Proposal to Ban Bathtub Stripper a “Blatant and raw
power grab”
> by Jordan
> 
> Center for Public Inegrity
> 
> Seventeen workers dying between 2000 and 2015 isn't enough to convince
the methylene chloride industry that more is needed than just labels on
a can to prevent the needless deaths of worker stripping bathtubs.
> 
> The Environmental Protection Agency's proposed ban of methylene
chloride as a paint stripper is a “blatant and raw power grab” of
authority that Congress gave the Consumer Product Safety Commission,
according to an attorney representing the Halogenated Solvents Industry
Alliance, Inc.(HSIA) , according to a story in Bloomberg BNA.   The
Alliance includes companies that make products containing methylene
chloride which has been blamed for numerous deaths of bathtub
refinishers.
> 
> Confined Space reported last week about the death of 21 year old Kevin
Hartley who died April 28 while using a stripper containing methylene
chloride while stripping a bathtub. The Environmental Protection Agency
has proposed to ban the chemical's use as a paint stripper.
> 
> The industry is using the same old arguments that they use to object
to every health and safety regulation issued by EPA or OSHA: the science
isn't good. (The solvents industry also denies that the chemical causes
cancer,) "devastating" impacts to small businesses, astronomically
higher costs (and lower benefits) than EPA estimated, and "" viable and
effective regulatory alternatives, including enhanced labeling and
consumer education and training requirements."
> 
> A letter from W.M. Barr & Company, Inc. notes that small business
manufacturers " implored the agency not to move forward with a proposed
rule that would require formulators to discontinue products that have
been in use for generations in favor of alternative formulations that
are less safe, or less effective and more expensive than the
high-quality products we offer today."
> 
> W. Caffey Norman, a partner in the Washington office of Squire Patton
Boggs, which represents HSIA, argues that the EPA regulation would
violate Section 9 of the Toxic Substances Control Act which "bars the
EPA from regulating a chemical already sufficiently managed by another
agency."
> 
> Industry argues that not only does OSHA regulate Methylene Chloride,
but "the Consumer Product Safety Commission voted June 2 to include
stronger language on household products containing methylene chloride,
so consumers would know the products can be deadly and shouldn’t be used
in small, unventilated spaces."  OSHA's regulation sets a low limit of
exposure, mainly because the chemical is known to cause cancer.
> 
> HSIA and the chemical industry argue that the CPSC labels should
replace the EPA's regulation. But CPSC disagrees, according to BNA.  A
briefing package prepared by the commission staff stated that
> 
> “Any action taken by the CPSC would not replace the EPA’s rulemaking
and instead, would be an interim measure until the EPA may issue a
regulation,” the staff paper said.
> 
> TSCA gives the EPA the ability to address both occupational and
consumer uses of methylene chloride, CPSC staff said. Thus, the EPA may
address risks associated with the solvent and products containing it “in
a more cohesive and coordinated manner,” it said.
> 
> The Environmental Defense Fund agrees that EPA needs to take strong
and swift action:
> 
> Products containing these chemicals are available at hardware and
other retail stores across the country, and unless EPA acts promptly to
finalize a ban, there will surely be more avoidable deaths and other
health impacts due to use oEDF’s recent comments to EPA, we strongly urged it 
to finalize these
bans as soon as possible to protect public health.  EPA should not wait
for another reason to take action.
> 
>  This regulation will be one of the first tests of the Trump
administration.  Will Trump's EPA head Scott Pruitt sentence more young
people to preventable death?
> 
> Jordan | June 12, 2017 at 10:37 am | Categories: Chemical Standards |
URL: http://wp.me/p8s1ZU-l8
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