From: Harry J. Elston <helston**At_Symbol_Here**MIDWESTCHEMSAFETY.COM>
Subject: Re: [DCHAS-L] Updated law boosts EPA regulatory power over chemicals
Date: Wed, 29 Jun 2016 17:23:16 -0500
Reply-To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Message-ID: CAJ2hcffRLpzkXHkAu7_YpUWXrJ=g1+K2+GvgJx0QsDmyHhztfQ**At_Symbol_Here**mail.gmail.com
In-Reply-To <1559e143c4c-47e3-21ea**At_Symbol_Here**webprd-a20.mail.aol.com>


Wow, Monona, tell us how you really feel :)

The states, could, if they chose to, sue the Feds under the 10th Amendment and take it all the way to SCOTUS; I would think that it would be fast-tracked to the Supremes. However, most states do not assert their 10th Amendment rights, opting for the easy path of go-along-get-along with the Feds. Personally, I'd like to see states stand up and say "enough" to the Feds and this seems like a good opportunity to do so.

H

On Wed, Jun 29, 2016 at 4:32 PM, Monona Rossol <0000012821515289-dmarc-request**At_Symbol_Here**listserv.med.cornell.edu> wrote:
I said CSA took away the right to develop any 'FURTHER' restrictions at the state level. We got to keep Prop 65 and other laws that exist now, but California had another really good one coming down the pike and that's now derailed.

And if EPA thinks a chemical is not a hazard, the states are powerless.. Well, I disagree with a bunch of EPAs views. For example, I think that d-limonene is a hazard, but EPA puts it first on their list of recommended biodegradable alternative solvents. D-limonene is rightfully banned for these and many other uses in the E.U. So if some state agrees with the E.U., they have no right to restrict d-limonene. Nice.

Allowing states to evaluate chemicals that EPA isn't reviewing is essentially meaningless. The states don't have any special access to research on chemicals. So they have to operate on the data that is out there just like EPA does. The difference is a state may disagree with EPA's conclusions about that data. And now EPA's determination can't be questioned by the states.

For example, if you take California's opinion on which chemicals should be restricted over EPA's, you will be right almost every time.

Although I'm 80, now I hope I live another 10 years so you'll see how little has accomplished by the CSA and I can say "I told you so" to this list.


Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012 212-777-0062



-----Original Message-----
From: Ralph Stuart <ras2047**At_Symbol_Here**MED.CORNELL.EDU>
To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>
Sent: Wed, Jun 29, 2016 1:28 pm
Subject: Re: [DCHAS-L] Updated law boosts EPA regulatory power over chemicals

From: Peter John Stuurwold <peter.stuurwold**At_Symbol_Here**wmich.edu>
Subject: Re: [DCHAS-L] Updated law boosts EPA regulatory power over chemicals
Date: June 29, 2016 at 12:05:39 PM EDT
To: DCHAS-L <DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU>


That is incorrect. Notice this excerpt from the C&EN article:
....lawmakers allowed states to retain bans and other chemical-related laws and regulations that were enacted by April 22 of this year. If EPA either determines a compound poses no unreasonable risk to human health or the environment or decides to regulate the substances, the law forbids states from acting on that chemical. States, however, may act on chemicals that EPA hasn't reviewed or isn't in the process of assessing.
(Emphasis added.)

Pete Stuurwold
Laboratory Supervisor
Department of Chemistry
Western Michigan University
1903 W Michigan Ave
Kalamazoo, MI 49008-5413
(269) 387-2914

From: "Monona Rossol" <0000012821515289-dmarc-request**At_Symbol_Here**listserv.med.cornell.edu>
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Sent: Wednesday, June 29, 2016 9:45:52 AM
Subject: Re: [DCHAS-L] Updated law boosts EPA regulatory power over chemicals

And the damn CSA took away California's and any other state's right to do any further restriction on their own. Nice you would give up your rights to the chemical industry without a whimper.


Monona Rossol, M.S., M.F.A., Industrial Hygienist
President: Arts, Crafts & Theater Safety, Inc.
Safety Officer: Local USA829, IATSE
181 Thompson St., #23
New York, NY 10012 212-777-0062
actsnyc**At_Symbol_Here**cs.com www.artscraftstheatersafety.org



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Harry J. Elston, Ph.D., CIH
Principal
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