1. Assembly Member Brian Kavanagh Environmental Conservation Committee Member NYS Assembly District 74

2.  The Toxic Substance Control Act (TSCA) of 1976 does not adequately protect people or the environment from toxic chemicals  It does not require disclosure of information about chemicals  It does not require pre-market testing  Burden of proof is too high for EPA to meet

3.  Has allowed >83,000 chemicals into commerce  @62,000 were ‘grandfathered in’ when TSCA passed in 1976, and assumed safe  EPA only has adequate safety data on about 200 chemicals  Only five chemicals were banned under TSCA  No chemical bans since 1990 (over 20 years)

4.  Single-chemical bans (mercury, lead, cadmium, BPA, TCEP)  Chemical classes (PBDEs, Phthalates)  Product sectors (electronics, cleaners, cosmetics, etc.)  Each a little different, drives federal reform  Enables states to protect their residents while waiting for Feds to act

5.  Allows ‘regrettable substitution’ where product makers switch from a harmful banned chemical to a harmful unregulated one  Given the number of chemicals in commerce, with thousands more every year, banning chemicals one at a time is not protective  Flame Retardants are a classic example of these phenomena

6.  Penta and OctaBDE bans in 12 states: CA, HI, IL, ME, MD, MI, MN, NY, OR, RI, VT, WA  DecaBDE bans in six of the 12 states: HI, ME, MD, OR, VT, WA  EPA phases out penta, octa, and deca  NY bans TCEP, pending TDCPP bans in at least four states (NY A.9045)  Some states pass comprehensive bills that can regulate numerous flame retardants

7.  Nurses, Physicians, Scientists  Labor, Sustainable Businesses  Cancer, Learning Disability, other health- affected advocacy groups  Environmental Justice organizations  Environmental Health groups  Consumer Advocates

8.  Industry Trade Associations: ◦ American Chemistry Council ◦ Business Council ◦ Toy Industry Association ◦ Juvenile Product Manufacturers Association  Their Surrogates ◦ National Association of State Fire Marshalls ◦ Retired Burn Doctors ◦ NYS NAACP  Their Industry Front Group – “Citizens for Fire Safety”

9.  Building and Electrical Codes (may be state, national, or international)  Other flammability standards for vehicles, infant car seats, etc.  California Technical Bulletin 117 –furniture flammability standard foam to withstand 12 seconds of open flame  Emerging School Bus Seat Policies (replicating CA TB117) in NV, MD, NY, elsewhere.

10.  Ideally, chemicals management policy should come from the federal government  Until that day, states will increasingly take action to protect their residents  Flame Retardants are a classic example to tell the story of why broad reform is needed  Support for better chemicals regulation is strong, and growing, in the American public

11. Assembly Member Brian Kavanagh  District Office 237 1st Avenue (14th Street) Room 407 New York, NY 10003 212-979-9696  Albany Office 419 LOB Albany, NY 12248 518-455-5506