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Text only of letters sent from the Committee on Energy and Commerce Democrats

October 21, 2003

 

Ms. Marianne L. Horinko
Acting Administrator
Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, D.C.  20460

Dear Acting Administrator Horinko:

Polybrominated diphenyl ethers (PBDEs) have gained increased public attention due to research findings that show this commonly used flame retardant may cause serious nervous system and liver problems, and disrupt thyroid hormones (Environmental Science and Technology, December 2001). These chemicals have been shown to accumulate in women's breast tissue, mother's milk that is subsequently passed on to nursing babies, and fetuses in utero. Exposure to PBDEs may also occur in dust from PBDE-laden furniture, some foods, or from other sources (Environmental Working Group (EWG), September 2003). Recent studies show that PBDE concentration in U.S. women is 10 to 20 times higher than that found in European women. PBDEs persist in the environment and are building up rapidly in human tissues.

Based on information that we have reviewed to date, we are concerned about the potential harm of PBDEs and would like to receive additional information from the Environmental Protection Agency (EPA). Please provide responses to the following questions by Thursday, November 20, 2003:

1. Please provide us with detailed information about what steps EPA has taken to date to better understand how PBDEs impact human health and the environment. Please provide correspondence, memoranda, records of conversations, a list of people or organizations that have been consulted, research and/or reports that EPA has used to assess the potential impact of PBDE or data.

2. Various industries confirmed the inclusion of pentabromodiphenyl ether, octabromodiphenyl ether, and decabromodiphenyl ether in the Voluntary Children's Chemical Evaluation Program (VCCEP) on June 15, 2001. It has been over two years, however, since the enactment of the program, and to our knowledge, the Toxicology Excellence for Risk Assessment report on the Tier 1 Peer Consultation of each of these chemicals has yet to be completed. Is EPA taking steps to expedite the evaluation of PBDEs in the VCCEP? When will that evaluation be completed? How will the results and conclusions of the PBDEs in the VCCEP be communicated to the public? How are interim results being made available?

3. On January 13, 2003, EPA requested that participants of the Environmental Finance Center 9's Roundtable on brominated flame retardants provide answers to several questions. Please provide copies of any written or verbal responses that EPA received concerning this request. Also, please provide transcripts, minutes and/or notes as well as a summary of roundtable discussions about brominated flame retardants or PBDEs that took place on September 24-25, 2002, and April 29-30, 2003, in San Francisco, and May 19-23, 2003, in Boston.

4. During a conversation with a representative from the EPA Office of Pollution Prevention and Toxics, our staff was informed that EPA has submitted a letter to the Centers for Disease Control (CDC) recommending the inclusion of PBDEs to the National Health and Nutrition Examination Survey as a potentially harmful substance that should be biomonitored. Please provide us with a copy of the letter sent to the CDC and other pertinent verbal or written responses.

In light of the scientific evidence that shows PBDEs are doubling in our population every two to five years, the urgent need for EPA to take immediate further action to address the potential threat is clear. We look forward to your timely response.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER
COMMITTEE ON ENERGY AND COMMERCE

HILDA L. SOLIS
RANKING MEMBER
SUBCOMMITTEE ON ENVIRONMENT
AND HAZARDOUS MATERIALS

DIANA DEGETTE
MEMBER OF CONGRESS

LYNN WOOSLEY
MEMBER OF CONGRESS

LOUISE M. SLAUGHTER
MEMBER OF CONGRESS


cc:     The Honorable W. J. "Billy" Tauzin, Chairman
          Committee on Energy and Commerce

          The Honorable Paul E. Gillmor, Chairman
   
       Subcommittee on Environment and Hazardous Materials

 

Prepared by the Committee on Energy and Commerce
2125 Rayburn House Office Building, Washington, DC 20515