Activists push for ban on 40 chemicals in Maine

The group that led a campaign two years ago for passage of landmark chemical reform legislation in Maine staged a mock game show in Monument Square Thursday, warning that the law's implementation might fall short of eliminating dozens of harmful chemicals.

The state said Thursday it isn't aiming to eliminate as many chemicals as activists want to see banned, based on the regulations agency officials must follow. Others who have commented on the legislation say the law imposed unrealistic deadlines and that the rules ignore the costs and burdens placed on manufacturers.

The Environmental Health Strategy Center led the push for passage in 2008 of Maine's Kids Safe Products Act, billed by the group as "the first comprehensive safer chemical policy reform in the United States."

Sponsored by House Speaker Hannah Pingree, the bill as passed in spring 2008 "requires manufacturers of children's products that contain chemicals of high concern to disclose information to the Department of Environmental Protection on their chemical use if the department designates the chemical as a priority chemical based on potential exposure of a child or fetus to that chemical," according to a legislative summary.

The bill authorizes the Maine DEP to require replacement of a priority chemical in children's products with a safer alternative whenever the agency determines that a safer alternative is available. The bill exempts use of priority chemicals for industrial or manufacturing purposes, in motor vehicles and components, as fuels or when generated as combustion by-products. The bill authorizes the Maine DEP to participate in an interstate clearinghouse to share information and cooperate with other states to promote safer chemicals in consumer products.

The law, while groundbreaking, may not be implemented swiftly or comprehensively enough, activists worried Wednesday.

"Maine's children, Maine's families are facing learning and developmental disabilities, cancer, prostate cancer, breast cancer, childhood leukemia, infertility and a variety of health disorders that are preventable because they're linked in part to chemical exposure to everyday consumer products,"  Michael Bellaveau, executive director of the Environmental Health Strategy Center, said during a press conference in Monument Square Thursday.

Elisa Boxer, a parent from Scarborough, acted as a mock game show host in "Let's Make A Chemical Deal," a skit that illustrated how Maine might benefit from disposing of dozens of dangerous chemicals while implementing the Maine's Kids Safe Products Act.

Flanked by people holding cardboard boxes bearing the names of chemicals, Boxer encouraged the state of Maine, played in the guise of mock contestant Ryan Tipping, to accept bags of cash in return for trading in the hazardous chemicals.

"Today you have a chance to trade in these chemicals for some safer alternatives. It is really cool. You'll save money, you'll save lives," Boxer said.

Tipping, playing along as the state of Maine, agreed to dispense of four chemicals but elicited boos when he refused to go further.

"There are still dozens of the most dangerous, toxic chemicals in the state of Maine," Boxer protested.

"I think I'm good, I think I'm good," Tipping said, spurring more mock-angry boos behind him.

Bellaveau said the performance illustrated the danger of Maine failing to fully implement its new law.

"By the end of this year, by the end of 2010, the state of Maine, the Department of Environmental Protection, has to name the first batch of priority chemicals. And it would be tragic, like in this skit, if they only listed two or three or four chemicals, when we know there are so many more dangerous chemicals in everyday products," he said.

Maine DEP presented the rule to the Board of Environmental Protection at its meeting of Nov. 19, 2009, when the board authorized department staff to begin rule adoption proceedings. When the board held a public hearing on the rule on Dec. 17, 2009, the department received comments from 119 interested parties, both those representing manufacturers and those in the health policy arena.

Donna Gormley, spokesperson with DEP, said Thursday that the agency compiled a list last July of 1,700 chemicals that are candidates for high priority listing. But now "there are certain guidelines we have to follow" and the goal is to list at least two high priority chemicals by the end of the year.

"We are working forward with the Act To Protect Children's Health and the Environment from Toxic Chemicals in Toys and Children's Products and the department is required to designate at least two priority chemicals by Jan. 1, 2011, and we expect to begin rulemaking before the DEP on the designation of priority chemicals this summer, and identify two priority chemicals," Gormley said.

The noontime event in Portland centered on the release of a new report that identifies nearly 40 chemicals that meet the criteria for being considered priority chemicals.

"We're not aiming for 40 this year," Gormley said.

For more information about the law, visit www.maine.gov/dep/oc/safechem.