Letter to The Honorable Lisa Jackson

Letter

U.S. Senator Charles E. Schumer (D-NY) pressed the Environmental Protection Agency (EPA) on Tuesday to re-consider its decision to delay regulatory action on bisphenol-A (BPA), arguing the public needs immediate safeguards against the potentially hazardous chemical. In a letter to EPA Director Lisa Jackson, Schumer pushed for an explanation as to why it recently omitted BPA from a list of chemicals that will be subjected to stricter rules, and expressed concern about a published report that the decision came after a meeting between administration officials and chemical industry lobbyists.

"I strongly believe our government should err on the side of caution and deploy the most safeguards possible against the potentially harmful effects of BPA. In light of the serious risks posed by exposure to this chemical, the EPA's decision to postpone action on BPA does not seem to convey the proper sense of urgency," Schumer wrote.

On December 30, 2009, the EPA announced an "action plan" for stepping up regulations on four chemicals that, like BPA, have been known to pose risks to humans. But that list, which would subject chemicals like phthalates to new reporting and labeling requirements, did not include BPA.

Last month, a published report in the Milwaukee Journal-Sentinel revealed that just one week prior to the EPA's decision to leave BPA off its list, administration officials met with lobbyists representing the chemical industry. While the newspaper provided no evidence that the EPA's happened as a direct result of the meeting, it did raise questions about why the agency would back off its previously tough approach on BPA.

The newspaper reported that the EPA has no plans to develop a new regulatory plan for BPA for as long as two years.

"If this is true, it is alarming. At a time when we should be speeding up steps to limit Americans' exposure to this potentially hazardous chemical, such a decision would apply the brakes," Schumer said.

In his letter to Jackson, Schumer urged the EPA to reverse its decision to delay action on BPA, saying the potential risks demanded an immediate response by federal regulators. He pointed to the recent announcement by a different agency, the Food and Drug Administration, which announced in January it was taking a tougher stance on BPA. Since 2008, and based on research largely funded by the chemical industry, the FDA had approved BPA for all uses. But in January, the agency acknowledged the chemical was "of some concern" and urged steps limited its exposure to young children.

BPA is the basic building block for polycarbonate plastic which, in turn, is used to make various products including refillable food and beverage containers. But BPA can easily seep into the packaging's contents, posing a risk to consumers. The chemical is found in 90 percent of infants when they are born, and studies have detected it in the urine of 93 percent of Americans. It has been linked to a range of immune and reproductive deficiencies and disorders.

Schumer is the author of legislation in the Senate that would protect children from unnecessary exposure to BPA. Schumer's "BPA-Free Kids Act" would prohibit the use of BPA in any food and beverage containers that are marketed to infants and toddlers ages three and under. Products covered by the ban include baby bottles, sippy cups, bowls, plates, and other containers, as well as utensils such as spoons. The ban would take effect 180 days from enactment of the legislation.

A copy of Schumer's letter to Jackson appears below.

The Honorable Lisa Jackson
Administrator
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460

March 2, 2010

Dear Administrator Jackson:

I write out of serious concern about the Environmental Protection Agency's disappointing decision this past December to delay the formation of a plan for regulating bisphenol-A (BPA). As the author of the Senate bill that seeks to ban the chemical from children's products, I strongly believe our government should err on the side of caution and deploy the most safeguards possible against the potentially harmful effects of BPA. In light of the serious risks posed by exposure to this chemical, the EPA's decision to postpone action on BPA does not seem to convey the proper sense of urgency.

As you know, a series of scientific studies have identified the potential risks of BPA, particularly to infants and children. The evidence about its risks was sufficient to cause the Food and Drug Administration to recently reverse its position on the safety of the chemical. After concluding in 2008 that BPA was safe for all uses, the FDA reached a different conclusion this past January when it raised BPA to its third-highest category of concern. While the FDA's initial finding relied largely on research funded by the chemical industry, its new stance is in line with a 2008 report issued by the National Toxicology Program that found that BPA is potentially dangerous to human development and reproduction.

In light of this mounting body of evidence, I was perplexed by the EPA's decision to leave BPA off a list of chemicals that will soon be subject to enhanced labeling and reporting requirements. As you are aware, on December 30, 2009, the EPA announced a regulatory "action plan" for four chemicals. BPA was one of two chemicals set aside for action later. I ask to be provided with a written explanation for this confounding decision.

As you are likely aware, the Milwaukee Journal-Sentinel reported on February 15, 2010, that the agency does not plan to formulate any new plan for regulating BPA for two years. If this is true, it is alarming. At a time when we should be speeding up steps to limit Americans' exposure to this potentially hazardous chemical, such a decision would apply the brakes.

I hope you share my belief that with more information surfacing all the time about the dangers of this chemical, our government should be stepping forward, not retreating, in order to protect the public from unnecessary exposure to BPA. I await your response and look forward to working with you on this issue.

Sincerely,

Senator Charles E. Schumer

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