Document v18eOX6L70DQKy5KDwMzQ6ad6

Message From: Sent: To: CC: Subject: Daguillard, Robert [/0=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=BBE9682B940C4F2C90732E4D37355DD4-DAGUILLARD,] 6/28/2018 6:13:38 PM ___________________ Patty Ducey-Brooks[________ Ex. 6________ j Lynn, Tricia [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=d8747ba49cde485ea4ac58dbf09c3dcd-TRICIA SLUSSER]; Press [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=b293283291dc44e0b5dlc36be9281d8a-Press] RE: Methylene Chloride and NMP status Good afternoon (morning to you) Patty, How does the E P A hope to regain consum er confidence if there is an impression that dangerous products are being sold knowing they are capable of causing bodily harm and even death? EPA is committed to carrying out the requirements o f the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly strengthened the Toxic Substances Control Act. The law requires EPA to prioritize and evaluate risks associated with existing chemicals. The law provides deadlines by which PIPA must complete assessments and, where appropriate, take regulatory action to address unreasonable risks. Consumers can be confident that EPA is implementing this law which aims to protect human health and the environment. --E PA Spokesperson BACKGROUND: 1) Previously, there was a statem ent that no additional evaluations were needed for the methylene chloride and that the E P A is relying on its previous risk assessm ents to make a final decision on this chemical. What has transpired that the tests and procedures that were previously initiated are no longer considered effective or reliable? EPA is relying on its 2014 risk assessment because we believe it is an accurate basis for rulemaking to address the unreasonable risks o f injury to health from acute adverse effects. This risk assessment relied on accepted hazard and risk assessment methodologies documented in EPA guidance and was peer reviewed. 2) Who or what organization(s) previously initiated the tests and who will be responsible for future testing? The studies used in the risk assessment come from a wide variety o f sources. The full list starts on page 121 o f the risk assessment, available here: https:/ /www.epa.gov/assessing-and-managing-chemicals-under-tsca/tsca-workplan-chemical-risk-assessment-methylene. 3) What type of tests are used to evaluate and determine the safety of Methylene Chloride? Please see the previous response. 4) There are known deaths associated with Methylene Chloride, and lawsuits that have shown the manufacturers to be at fault. And there is precedence that the courts have ruled against the manufacturers, and possibly against the retailers that sell these products. H as the EPA taken any of this into consideration and doesn't this m ean the EPA assumes some responsibility for future lawsuits and deaths? Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00001 As part o f its existing chemicals management program, EPA assessed this use o f methylene chloride and found unreasonable risks. .EP A is now in the process o f addressing these risks as required by TSCA section 6. 5) Consumers rely heavily on the EPA to be the "safety" provider regarding chemical formulations of products sold in retail markets. Even with more precautions and warnings on labels, it's obvious that some chemicals shouldn't be sold to unsuspecting consumers who assume all chem icals are safe or they wouldn't be on store shelves. Is there a possibility these products will be removed from retail stores/outlets and only be offered in commercial markets? EPA is working to finalize the rule proposed on January 19, 2017, available here: https:/ Avww.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-methvlene-chloride# action EPA proposed to 1) prohibit the manufacture (including import), processing, and distribution in commerce of methylene chloride for consumer and most types o f commercial paint and coating removal, prohibit the use of methylene chloride in these commercial uses, 3) require downstream notification o f these limitations and basic recordkeeping, 4) require that any methylene chlorine-containing paint removal products be distributed in containers no less than 55 gallons, except for national security uses which would be distributed in containers no less than 5 gallons. Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection Agency Washington, DC ,+-1---(-2-0-2-) -5--6 4---6-6-1-8---(-O-)-1 From: Patty Ducey-Brooks[ Ex. 6 Sent: Thursday, June 14, 2018 6:08 PM To: Daguillard, Robert <Daguillard.Robert@epa.gov> Cc: Lynn, Tricia <lynn.tricia@epa.gov> Subject: Re: Methylene Chloride and NMP status Hi Robert and Tricia, Here are my questions, as you requested. Please don't hesitate to call my cell phone if you want to discuss this communication. 1) Previously, th e re was a statem ent th a t no additional evaluations were needed fo r the methylene chloride and th a t the EPA is relying on its previous risk assessments to make a final decision on th is chemical. What has transpired th a t the tests and procedures th a t were previously initiated are no longer considered effec tive or reliable? 2) Who or what organization(s) previously initiated the te s ts and who will be responsible fo r fu tu re testing? 3) W hat type of te sts are used to evaluate and determ ine the sa fety of Methylene Chloride? Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00002 4) There are known deaths associated with Methylene Chloride, and lawsuits th a t have shown the manufacturers to be at fault. And the re is precedence th a t the courts have ruled against the manufacturers, and possibly against the retailers that sell these products? Has the EPA taken any of this into consideration and doesn't this mean the EPA assumes some responsibility fo r fu tu re lawsuits and deaths? 5) Consumers rely heavily on the EPA to be the "safety" provider regarding chemical formulations of products sold in retai I markets. Even with more precautions and warnings on labels, it's obvious th a t some chemicals shouldn't be sold to unsuspecting consumers who assume all chemicals are safe or they wouldn't be on store shelves. I s the re a possibility these products will be removed from retai I sto res/o utlets and only be o ffe re d in commercial markets? 6) How does the EPA hope to regain consumer confidence if the re is an impression th a t dangerous products are being sold knowing they are capable of causing bodily harm and even death? Kindly, Patty Ducey-Brooks Publisher <&Executive Editor Presidio Sentinel www.presidiosentinel.com Ex. 6 Serving San Diego for over 19 Years. -- Original Message-- From: Daguillard, Robert <Daguillard.Robert@epa.gov> To: Patty Ducey-Brooks | Ex. 6 I Co: Lynn, Tricia <lynn,tricia@p.gov> Sent: Thu, Jun 14, 2018 1:52 pm Subject: RE: Methylene Chloride and NMP status Thanks, Patty, I'm happy to refer specific questions --if you could send them --to the toxic chemicals program. I'm out tomorrow, but my colleague Tricia --cc'ed here --will get back to you. Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection Agency Washington, DC Ex. 6 Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00003 From: Patty Ducey-Brooks [ Ex. 6 j Sent: Thursday, June 14, 2018 4:48 PM To: Daguillard, Robert <Daguillard. Robert (5)epa.gov> Subject: Re: Methylene Chloride and NMP status Hi Robert, Previously, I recall that no additional evaluations were needed for the methylene chloride and that a ban is to take affect starting in 2018. Are you available to discuss this? Patty Ducey-Brooks Publisher & Executive Editor Presidio Sentinel www.presidiosentinel.com f.Ex..6 I i__________________________________________ ! Serving San Diego for over 19 Years. -- Original Message-- From: Daguillard, Robert-<DaauillarcLRo.barl@Boa.gov> To: Patty Ducey-Brooksi Ex. 6 j Cc: Press <Press@ epa.gov> Sent: Thu, Jun 14, 2018 1:25 pm Subject: RE: Methylene Chloride and NMP status Good afternoon Patty "EPA is working to send the finalized methylene chloride rulemaking to OMB and plans to finalize the first ten risk evaluations, including the one for NMP, by late 2019." --E P A Spokesperson Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection A g e n c y Washington, DC +1 (202) 564-6618 (O) I x.' ! From: Patty Ducey-Brooks [j Ex. 6 j Sent: Wednesday, June 13, 2018"3:27 PM ' To: Daguillard, Robert <Daguillard.Robert(5)epa.gov> Subject: Re: Methylene Chloride and NMP status Hi Robert, Thanks for your understanding and assistance. I should have prefaced with, what is the timeline on Methylene Chloride? I truly appreciate your quick replies. Kindly, Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00004 Patty Ducey-Brooks Publisher & Executive Editor Presidio Sentinel www.presidiosentinel.com i.Ex. 6 Serving San Diego for over 19 Years. -- Original Message-- From: Daguillard, Robert <Daguillard.Robert@epa.gov> To: Patty Ducey-Brooks < Ex7'6 ! Sent: Wed, Jun 13, 2018 Y z x w p m ----------------- ; Subject: RE: Methylene Chloride and NMP status Thanks, Patty. Working on a response. Please note, our previous response should read: RESPO N SE: EPA is working to send the finalized methylene chloride rulemaking to OMB. That document will contain actions that the Agency will take, including timeframes. For N M P, the uses that were in the proposed rule will be included in the risk ' evaluation required by the amended TSCA. Conducting these evaluations does not preclude F1PA from finalizing the proposed NMP regulation if through its evaluation F1PA determines that any of the conditions o f use present unreasonable risk --E P A Spokesperson We just added a previously dropped word. Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection Agency Washington, DC +1 (202) 564-6618 (O) j Ex. 6 | From: Patty Ducey-Brooks [ Ex. 6 Sent: Wednesday, June 13, 2018 12:18 PM To: Daguillard, Robert <Daguillard.Robert(5)epa.gov> Subject: Re: Methylene Chloride and NMP status Hi Robert, Thanks for your communication. Is it possible to get the proposed timelines? Kindly, Patty Ducey-Brooks Publisher & Executive Editor Presidio Sentinel www jBnesjdiflse.Dline l.com Ex. 6 I Serving San Diego for over 19 Years. Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00005 -- Original Message-- From: Daguillard, Robert <Paguillard.Robert@epa.gov> To: Patty Ducey-Brooks \ Ex. 6 j Co: Press <Press@ epa.gov> Sent: Wed, Jun 13, 2018 8:48 am Subject: RE: Methylene Chloride and NMP status Good morning Patty, RESPO N SE: EPA is working to send the finalized methylene chloride rulemaking to OMB. That document will contain actions that the Agency will take, including timeframes. For N M P, the uses that were in the proposed rule will be included in the risk required by the amended TSCA. Conducting these evaluations does not preclude EPA from finalizing the proposed NMP regulation if through its evaluation EPA determines that any o f the conditions o f use present unreasonable risk - E P A Spokesperson Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection Agency Washington, DC +1 (2 0 2 ) 5 6 4 - 6 6 1 8 (O) From: Patty Ducey-Brooks [ Ex. 6 i Sent: Tuesday, June 12, 2018 4:06 PM To: Daguillard, Robert <Daguillard.Robert@epa.gov> Subject: Re: Methylene Chloride and NMP status Robert, Thanks for your prompt reply. Do you think you can get an answer by June 15? Patty Ducey-Brooks Publisher & Executive Editor Presidio Sentinel www.presidi_o_sentlnel.com Ex. 6 i_______________________________ Serving San Diego for over 19 Years. -- Original Message-- From: Daguillard, Robert <Daguillard.Robert(5)epa.gov> To: Patty Ducey-Brooks { ________ Ex. 6 _______ i Sent: Tue, Jun 12, 2018 12:53 pm Subject: RE: Methylene Chloride and NMP status Good afternoon Patty, Thanks for reaching out. What's your deadline, please? Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00006 Cheers, R. Robert Daguillard O f f i c e of Media Relations U . S . Environmental Protection Agency Washington, DC + 1 ( 2 0 2 J 5 6 4 - 6 6 1 8 _(0). Ex. 6 From: Patty Ducey-Brooks; Ex. 6 Sent: Tuesday, June 12, 2018 3:44 PM To: Press <Press@epa.gov> Subject: Methylene Chloride and NMP status I am doing a follow up article on these two chemicals and would like to know when the E P A intends to have products with these formulations banned from store shelves. Our readers are asking. Kindly, Patty Ducey-Brooks Publisher & Executive Editor Presidio Sentinel www.presidiosentinel.com E x .6 Serving San Diego for over 19 Years. Sierra Club v. EPA 18cv3472 NDCA Tier 13 ED 002061 00030215-00007