Energy and Commerce Committee Chairman Frank Pallone, Jr. (D-NJ) and Environment and Climate Change Subcommittee Chairman Paul Tonko sent a letter to Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler yesterday requesting the immediate public release of all health and safety studies considered in the Draft Risk Evaluation for Pigment Violet 29, one of the first ten chemicals undergoing review in accordance with the Toxic Substances Control Act (TSCA).
The urgent request from the Democratic Committee leaders follows a surprising decision from EPA to classify the Pigment Violet 29 health and safety studies as “Confidential Business Information" or CBI, which the members cite as a dangerous and unlawful precedent. The Democrats note in their letter that under existing law, health and safety studies cannot be classified as CBI.
In addition to the public release of the health and safety studies, Pallone and Tonko are requesting all documentation and communication related to EPA’s decision to classify the studies as CBI as well as any substantiating materials submitted by the industry manufacturer.
Full text of the Democrats’ letter below:
Jan. 30, 2019
The Honorable Andrew Wheeler
Acting Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Dear Acting Administrator Wheeler:
We write to request that the Environmental Protection Agency (EPA) immediately release to the public all health and safety studies considered in the Draft Risk Evaluation for Pigment Violet 29, as mandated by the Toxic Substances Control Act (TSCA). We are deeply concerned that the decision to withhold from the public and label these studies as “Confidential Business Information" (CBI) sets a dangerous and unlawful precedent as the EPA continues to work towards completing Risk Evaluations on the current ten and all future chemicals under review. As you are aware, section 14(b)(2) of TSCA identifies certain information that may not be protected as CBI, including:
Health and safety studies and information from health and safety studies where the chemical or mixture has been offered for commercial distribution or for which testing is required under TSCA section 4 or notification is required under TSCA section 5.
Additionally, we request all documentation and email communication related to EPA’s decision to label as CBI the health and safety studies considered in the Draft Risk Evaluation for Pigment Violet 29, including any substantiating materials or certifications submitted by the manufacturer.
Thank you for your immediate attention to this matter. If you have any questions, please contact Jacqueline Cohen with the Committee staff at (202) 226-9063. We look forward to receiving your response no later than February 6, 2019.
Sincerely,
Frank Pallone, Jr.
Chairman
Paul D. Tonko
Chairman
Subcommittee on Environment and Climate Change
