EPA’s New Chemical List: Who, How, Possible Challenges & Responses, Listing Criteria

1. EPA’s New Chemical List: Who, How, Possible Challenges & Responses, Listing Criteria Richard Becker, Ph.D., DABT American Chemistry Council December 13, 2010

2. EPA’s EDSP Legislative Mandates(August 1996) • EDSP Phase 1 (Test Orders issued commenced 10/09) Food Quality Protection Act1996 (FQPA) • Must screen pesticides (including inerts) for estrogenic effects that may affect human health • Must use appropriate validated test systems or other scientifically relevant information • Can include other endocrine effects • EDSP Phase 2 (Expansion to chemicals in water (3 FR Notices Nov 17th 2010) Safe Drinking Water Act Amendments 1996 (SDWA) • Can screen drinking water contaminants to which substantial numbers of persons are exposed

3. 1996 SDWA Amendment • SEC. 136. ESTROGENIC SUBSTANCES SCREENING PROGRAM. Part E (42 U.S.C. 300j et seq.) is amended by adding at the end the following: • ``Sec. 1457. <> In addition to the substances referred to in section 408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(p)(3)(B)) the Administrator may provide for testing under the screening program authorized by section 408(p) of such Act, in accordance with the provisions of section 408(p) of such Act, of any other substance that may be found in sources of drinking water if the Administrator determines that a substantial population may be exposed to such substance.'' • http://water.epa.gov/lawsregs/guidance/sdwa/text.cfm

4. EPA’s EDSP Legislative Mandates (2) • 2010 House Appropriations Language Direction to EPA on EDSP (Oct 2009) • “Publish within one year of enactment a second list of no less than 100 chemicals for screening that includes drinking water contaminants, such as halogenated organic chemicals, dioxins, flame retardants (PBDEs, PCBs, PFCs), plastics (BPA), pharmaceuticals and personal care products, and issue 25 orders per year for the testing of these chemicals. This process also should allow for public input.” • 2010 Markey/Moran Bill that Passed in the House (Assistance, Quality, and Affordability Act 2010)

5. EPA’s EDSP Expansion: Candidate List 2 Chemicals in Drinking Water • FR Notice 17 Nov 2010 (30 days to comment – due 17 Dec. 2010) • Applies to manufacturers and importers & reflects EPA drinking water priorities and EDSP List 2 was compiled by Agency from: • 85 regulated drinking water contaminants and 116 unregulated contaminants on CCL3 and Pesticide AIs: from OPP 2007 & 2008 registration review schedule • Candidate EDSP List 2 then whittled down by EPA to 134 • EPA excluded biological agents & nat. occurring, chemicals w/o clear manufacturer, chemicals already on EDSP List 1, hormones, chemicals not likely biologically active, phys-chem properties incompatible with testing and pesticides scheduled for registration review after FY 2008 • “Agency is not soliciting comments on any of the individual lists used to create the second list of chemicals being considered for Tier 1 Screening” Endocrine Disruptor Screening Program: Second List of Chemicals for Tier 1 Screening” [75 FR 70248; 11/17/2010; EPA-HQ-OPPT-2009-0477; FRL-8848-7

6. EDSP Candidate List 2 Chemicals in Drinking Water • EPA’s description of the list: NOT A LIST OF EDCs • “The public should not presume the listing of a chemical or substance indicates it interferes with the endocrine systems of humans or other species simply because it has been listed for screening under the EDSP. EPA believes that these chemicals or substances should be candidates, at least for screening purposes, under EDSP testing based only on their pesticide registration status and/or because such substances may occur in sources of drinking water to which a substantial population may be exposed.”

7. EPA Contends being onCCL3 Satisfies SDWA EDSP Requirements • “SDWA section 1412(b)(1) requires the Agency to develop a list of unregulated contaminants that are known or anticipated to occur in public water systems (PWSs) and may require regulation under SDWA. “ • “The Agency is required to develop the CCL list every 5 years. In determining whether a substance may occur in drinking water, EPA considers not only public water system monitoring data, but also data on ambient concentrations in surface water and ground water, and releases to the environment (e.g., reporting data from the Toxics Release Inventory). “ • “The Agency believes that such data are sufficient to anticipate contaminants that may occur in public water systems and furthermore, also represent those substances that may be found in sources of drinking water and to which a substantial population may be exposed. “

8. EPA’s “Streamlining” Process Exclude chemicals based on one or more of the following: 1. Biological agent and naturally-occurring chemicals (e.g., microbials, microbial toxins, inorganics, radionuclides). 2.Chemicals for which the manufacturer, importer or registrant cannot be clearly identified (e.g., disinfection byproducts or DBPs, microbes, microbial toxins, degradate compounds with more than one possible source etc.). 3.Chemicals already included on the first EDSP list. 4.Chemicals that are hormones with confirmed endocrine effects. 5.Chemicals that are not likely to be biologically active or which are incompatible with testing assays for various reasons due to one or more of their physiochemical properties (e.g., gases, strongly acidic or basic, solubility, vapor pressure molecular weight). 6.Pesticides that are scheduled for registration review after FY 2008.

9. ACC’s Concerns with Draft EDSP List 2 • I. EPA Should Continue to Ensure Accurate, Complete and Consistent Communications Concerning the EDSP to the Public and Across the Agency • EPA needs to stress, in addition to list qualifying language, that apical tox test results used in risk assessment include endocrine-mediated adverse effects • Other parts of EPA seem to be misinterpreting and inappropriately applying EDSP • ORD • DfE

10. EPA ORD: Inappropriate Definitions http://epa.gov/ncer/science/endocrine/#eds • “Endocrine disruptors are basically chemicals with the potential to interfere with the function of endocrine systems.” • “Endocrine disrupting chemicals (EDCs) have been defined as exogenous agents that interfere with the production, release, transport, metabolism, binding, action, or elimination of the natural hormones in the body responsible for the maintenance of homeostasis and the regulation of developmental processes.”

11. EPA DfE: Proposing Inappropriate Action Based on Tier 1 Screening http://www.epa.gov/dfe/proposed_enhancements_to_dfe_standard_for_safer_products.htmlProposed Enhancements to the Design for the Environment (DfE) Standard for Safer Products. Comments due December 31, 2010. • “4.5.5 Potential endocrine effects. Chemicals that are candidates for endocrine screening will be part of the review. Chemicals found to interact with or perturb the endocrine system—potentially leading to reproductive, developmental, carcinogenic, systemic, hormonal or other effects— will not be allowed based on the toxicological hazards they pose.” (emphasis added)

12. EPA’s OSCPP Description of EDSP (1) http://www.epa.gov/endo/pubs/revised_pandp_frn_041509.pdf • “EPA developed a two-tiered approach to implement the statutory testing requirements.” • “The purpose of Tier 1 screening (referred to as ‘‘screening’’) is to identify substances that have the potential to interact with the estrogen, androgen, or thyroid hormone systems using a battery of assays.” • “The fact that a substance may interact with a hormone system, however, does not mean that when the substance is used, it will cause adverse effects in humans or ecological systems.” • “The purpose of Tier 2 testing (referred to as ‘‘testing’’), is to identify and establish a dose-response relationship for any adverse effects that might result from the interactions identified through the Tier 1 assays.”

13. EPA’s OSCPP Description of EDSP (2) 71542 Federal Register / Vol. 63, No. 248 / Monday, December 28, 1998 • “EPA believes that the results from the entire battery of tests required in the Tier 1 screening and Tier 2 testing stages (or their equivalents) are necessary to make the statutory determination of whether a particular substance ‘‘may have an effect in humans that is similar to an effect produced by a naturally occurring [hormone]’’(21 U.S.C. 346a(p)).” • “In other words, a positive result in the Tier 1 screening assays would not be adequate to make the determination ‘‘whether a substance may have an effect in humans that is similar to an effect produced by a naturally occurring [hormone].Id.” • “ Conversely, a negative result in all Tier 1 screening tests will be adequate to determine that a particular substance is not likely to have an effect on the estrogen, androgen, and thyroid hormone systems (EAT) and, therefore, is not a priority for testing in Tier 2. The confirmatory tests in the Tier 2 testing stage are necessary to determine whether a substance may have an effect similar to that of a naturally occurring hormone.”

14. Exposure – Effect Discontinuum: Illustrated in Graphic from NRC “Toxicity Testing in the 21st Century” 2007 “Biological responses viewed as the result of an intersection of exposures with biological functions. The intersection leads to perturbations of biological pathways. When perturbations are sufficiently large or when host is unable to adapt because of underlying nutritional, genetic, disease or life-stage status, biological function is compromised (emphasis added).”

16. ACC’s Concerns with Draft EDSP List 2 • II. EPA Should Respond To Comments Submitted on the Draft EDSP List 2 • EPA stated in the Listing Notice that “The Agency does not plan to respond formally to information or comments that may be submitted…” (75 Fed. Reg 70248, 70251) • This is contrary to the open process envisioned by APA and is inconsistent with open and transparent regulatory practices.

17. ACC’s Concerns with Draft EDSP List 2 • III. EPA Has Not Been Fully Transparent in “Streamlining” from 201 to 134 Substances • EPA qualitatively describes criteria but hasn’t published the actual physiochemical criteria and data it relied on to make the exclusion decisions • EPA has not released the analysis that a chemical is not likely to be biologically active or is incompatible with testing assays due to one or more physiochemical properties (e.g., gases, strongly acidic or basic, solubility, vapor pressure, molecular weight) • Some chemicals on 134 would seem to meet the exclusion criteria: e.g., OEHHA describes a substance as “XXXX is a highly reactive base and reducing agent”

18. ACC’s Concerns with Draft EDSP List 2 • IV. EPA’s Use of Certain Exposure Databases an TRI Information • EPA makes per se assertion that being on CCL3 satisfies SDWA endocrine provisions • But this assertion is insufficient. The Agency must show that a substance (1) is likely to be present in sources of drinking water and (2) there is an empirical basis - actual monitoring of finished drinking water or ambient water (that is an actual source of water that is delivered to consumers as finished water). • Number of substances draft EDSP List 2 for which TRI info on releases into surface water = only basis for being on CCL3 and tis on Draft EDSP List 2. • Of these, 6 have reported TRI surface water releases at levels ranging from only 0.2 to 5 lbs. per year total in all U.S.

19. ACC’s Concerns with Draft EDSP List 2 • EDSP Test Order Authority Applies to Current Manufacturers and Importers • A NUMBER OF SUBSTANCES ON Draft EDP List 2 are no longer manufactured in US or imported or present by virtue of manufacture/use • Discontinued pesticides • Industrial chemicals no longer made • Not manufactured except for research lab use, but present as component of mixtures (PAH components) • Components of mixture reach water via leaking underground tanks not from manufacture or import of neat / tech grade of the chemical entity

20. Commenting on Specific Chemicals: Some Points for Companies/Consortia to Consider • Insufficient evidence to meet the SDWA requirements that it “may be found in sources of drinking water” and “that a substantial population may be exposed to such substance.'' http://water.epa.gov/lawsregs/guidance/sdwa/text.cfm • It should be excluded for reasons of:not likely to be biologically active or incompatible with testing assays for various reasons due to one or more of phys.chem. prop. (e.g., gas, strong acid/base, solubility, vapor pressure, etc.) • Adequate information is available on endocrine effects of agent • Also consider including analysis/description of why there is confidence in the safety of the chemical, even for possible endocrine –mediated effects. Apical studies include endocrine MOA.

21. Thank You Richard Becker, Ph.D., DABT American Chemistry Council