Rock Products

AUG 2012

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petroleum companies on June 13, 2012. A wave of similar lawsuits could follow against other industries reliant on diesel power. We can also expect that environmental activists will use the DEMS and IARC to bolster their ad‐ vocacy and lawsuits. The National Toxicology Program (NTP), also part of HHS, is tasked by Congress to compile and publish bien‐ nially the Report on Carcinogens (ROC) – listing all substances that are either "known to be carcinogens or may reasonably be anticipated to be carcinogens." 42 U.S.C. § 241(b)(4). The next edition of the ROC is under development, due to be published in 2013. In light of IARC's wholesale ac‐ ceptance of the flawed DEMS there is a significant risk that the NTP will fol‐ low suit. Just as with IARC findings, the ROC is another source that must be used in the U.S. for establishing that a chemical is a carcinogen for hazard communication purposes. Revisit Assessment The environmental justice community has long advocated for EPA to revisit its assessment of risks posed by diesel exhaust. EPA's National Air Toxics As‐ sessment (NATA) program is a na‐ tional‐scale assessment program focused on cancer risks and noncancer health effects of a variety of air toxics. Although the program is not designed to characterize risk sufficiently for it to be the sole source for regulatory ac‐ tion, it is used by national, state and local policymakers as a source of infor‐ mation driving regulation. In 2011, EPA released its most recent NATA. As it had with previous NATAs, EPA noted that there is a potential can‐ cer risk from diesel PM, but that the available data is inadequate to support a quantitative estimate of the carcino‐ genic potency of diesel PM. In its 2002 Health Assessment Docu‐ ment for Diesel Engine Exhaust, EPA concluded that diesel exhaust was "likely to be carcinogenic to humans by inhalation," but because of the uncer‐ tainties and assumptions in the studies reviewed, EPA did not believe the evi‐ dence supported a quantitative expo‐ sure/dose‐response relationship. Environmental justice advocates will certainly use the DEMS as a basis to push EPA to develop a quantitative risk estimate for diesel exhaust. There is significant danger that EPA will em‐ bark on this course in future NATAs, thereby furthering the reach of the faulty DEMS. The conclusions reached in DEMS are, today, far‐reaching. If this deeply flawed study continues to be relied upon by policymakers and advocates, unsound decisions will further muddle efforts to rationally control diesel ex‐ haust emissions. E 3RO\GHFN VFUHHQ SDQHOV LQ HLWKHU SRO\XUHWKDQH RU UXEEHU RIIHU D UDQJH RI EHQHÀWV WKDW SURYLGH XQVXUSDVVHG YDOXH WR DQ\ VFUHHQLQJ RSHUDWLRQ &RQVLVWHQW SUHPLXP TXDOLW\ SURGXFWV 0RUH WKDQ VFUHHQ SDQHO GHVLJQ RSWLRQV )DVWHVW WXUQDURXQG RQ QRQ VWRFN RUGHUV ,QGXVWU\·V EHVW SHUIRUPDQFH JXDUDQWHH 2XWVWDQGLQJ WHFKQLFDO VXSSRUW DQG VHUYLFH &DQ \RXU V\QWKHWLF VFUHHQ PHGLD SURGXFHU VD\ WKDW" &DOO XV DW RU YLVLW SRO\GHFNVFUHHQ FRP DJJUHJDWH WR ÀQG WKH 3RO\GHFN VDOHV UHSUHVHQWDWLYH LQ \RXU DUHD ROCKproducts • AUGUST 2012 43

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