How Senator Vitter Battled the EPA Over Formaldehyde's Link to Cancer

Why is formaldehyde still listed by the EPA as a probable rather than a known carcinogen, despite major scientific research linking it to leukemia and other forms of cancer?















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FORMALDEHYDE FRACAS: The molecular structure of formaldehyde, which has been linked to leukemia and other cancers Image: iStockphoto

When Sen. David Vitter persuaded the EPA to agree to yet another review of its long-delayed assessment of the health risks of formaldehyde, he was praised by companies that use or manufacture a chemical found in everything from plywood to carpet.

As long as the studies continue, the EPA will still list formaldehyde as a "probable" rather than a "known" carcinogen, even though three major scientific reviews now link it to leukemia and have strengthened its ties to other forms of cancer. The chemical industry is fighting to avoid that designation, because it could lead to tighter regulations and require costly pollution controls.

"Delay means money. The longer they can delay labeling something a known carcinogen, the more money they can make," said James Huff, associate director for chemical carcinogenesis at the National Institute for Environmental Health in the Centers for Disease Control and Prevention.

The EPA's chemical risk assessments are crucial to protecting the public's health because they are the government's most comprehensive analysis of the dangers the chemicals present and are used as the scientific foundation for state and federal regulations. But it usually takes years or even decades to get an assessment done, or to revise one that is outdated. Often the industry spends millions on lobbying and on scientific studies that counter the government's conclusions.

The EPA has been trying since 1998 to update the formaldehyde assessment, which was first written in 1989. But the agency's efforts have repeatedly been stalled by the industry and Congress.

This time, the resistance came from Vitter, a Republican senator from Louisiana, where, ironically, thousands of Hurricane Katrina victims say they suffered respiratory problems after being housed in government trailers contaminated with formaldehyde. Last year Vitter blocked the nomination of a key EPA official until the agency agreed to ask the National Academy of Sciences to weigh in on the assessment. Vitter's spokesman, Joel DiGrado, told the media that "because of the FEMA trailer debacle, we need to get absolutely reliable information to the public about formaldehyde risk as soon as possible."

Vitter's ties to the formaldehyde industry are well known. According to Talking Points Memo, his election campaign received about $20,500 last year from companies that produce large amounts of formaldehyde waste in Louisiana. But ProPublica found that Vitter actually took in nearly twice that amount if contributions from other companies, trade groups and lobbyists with interests in formaldehyde regulation are included. Among those contributors is Charles Grizzle, a top-paid lobbyist for the Formaldehyde Council, an industry trade group that had long sought a National Academy review of the chemical.

Congress stalled the formaldehyde risk assessment once before. In 2004, Sen. James Inhofe, R-Okla., persuaded (PDF) the EPA to delay it, even though preliminary findings from a National Cancer Institute study had already linked formaldehyde to leukemia. Inhofe insisted that the EPA wait for a more "robust set of findings" from the institute.

Koch Industries, a large chemical manufacturer and one of Inhofe's biggest campaign contributors, gave Inhofe $6,000 that year. That same year Koch bought two pulp mills from Georgia-Pacific, a major formaldehyde producer and one of the world's largest plywood manufacturers. The next year Koch bought all of Georgia-Pacific.

The "more robust" findings that Inhofe asked for weren't released until five years later – in May 2009 – and they reinforced the 2004 findings. Of the nearly 25,000 workers the National Cancer Institute had tracked for 30 years, those exposed to higher amounts of formaldehyde had a 37 percent greater risk of death from blood and lymphatic cancers and a 78 percent greater risk of leukemia than those exposed to lower amounts.

The Formaldehyde Council immediately released a statement disputing those findings and calling for a full review by the National Academy of Sciences. Such an evaluation could take as long as four years, according to an EPA spokesperson.

But this time it wasn't Inhofe who stepped in on the industry's behalf, but Vitter, who like Inhofe sits on the Environment and Public Works Committee.

On the day the study came out, Grizzle, the Formaldehyde Council lobbyist, donated $2,400 to Vitter's re-election campaign, the maximum an individual can give to a federal candidate in a single election cycle. Grizzle didn't respond to phone calls and e-mails asking for comment for this story.

Grizzle started his own lobbying firm in 1993, after serving as an EPA assistant administrator in the late 1980s. He joined George W. Bush's transition team in 2001, and raised more than $500,000 for Bush's 2004 campaign, earning the title of fundraising "pioneer." A Philadelphia Inquirer investigation found that Grizzle used his friendship with Bush aide Karl Rove to help get Stephen Johnson the job as assistant administrator for the Office of Prevention, Pesticides and Toxic Substances at EPA. When Johnson went on to lead the EPA, he changed the risk assessment system so other federal agencies could comment more frequently and forcefully on the EPA's science, a move that prolonged the process. In the waning days of the Bush administration, Johnson asked the National Academy of Sciences to do a full review of the formaldehyde assessment.

DiGrado, Vitter's spokesman, didn't respond to questions about Vitter's ties to the industry. Instead, he  sent ProPublica copies of two letters. One showed that three Democratic lawmakers also wanted the review. The other letter was written by an EPA official in the final week of the Bush administration, saying that the agency would "seek input" from the academy.

Several public health experts interviewed by ProPublica think the industry's goal is to delay the assessment as long as possible and to undermine the credibility of the EPA's chemical risk assessment program.

"This gives the appearance of another congressman being more interested in industry than the health of the public," said Dr. Peter Infante, a former director of the Office of Carcinogen Identification and Classification at the Occupational Safety and Health Administration. "The public should not think that because a government document is undergoing NAS review, that that review is going to be competent."

Other public health experts point to the National Academy's recent review of the EPA's assessment of perchloroethylene, or PCE, as an example of how additional studies can drag out the assessment process.

PCE is used in dry cleaning and is found in high concentrations at military bases. Like formaldehyde, it has been linked to leukemia, and the EPA has been trying to update the chemical's assessment since 1998. In 2008 the agency submitted its findings to the National Academy, and in February the academy sent the assessment back to the EPA with a long list of questions. Although the academy agreed with the EPA's conclusion that PCE was a "likely" carcinogen, it suggested that the safety standards should be significantly weaker than those the EPA had proposed. The EPA is now responding to the academy's comments.

Democrats in Congress and public health watchdogs have criticized the academy in the past for being slanted toward industry, because some of the scientists who serve on its review panels have written studies paid for by chemical companies whose products they are evaluating. An academy spokeswoman said it thoroughly vets its panelists and has strict financial conflict of interest rules.

The Road to Review
Vitter began his push for a National Academy review of formaldehyde in a June 29 letter to the EPA. It included a list of questions about the formaldehyde assessment and urged the EPA to ask the National Academy to weigh in on it, according to documents ProPublica obtained through a Freedom of Information Act request.

The EPA responded on July 8, defending its plan to have the assessment reviewed by its own external peer review panel, the Scientific Advisory Board. The letter noted that the advisory board could do the review in 12 to 16 months for about $200,000, while the average National Academy review takes 18 to 24 months and costs $800,000 to $1 million.

In September, two more major scientific reviews raised concerns about the dangers of formaldehyde. The International Agency for Research on Cancer, a division of the World Health Organization, concluded it had enough evidence (PDF) to show that formaldehyde exposure can cause leukemia. And the National Toxicology Program changed its categorization of formaldehyde from "reasonably anticipated to be a carcinogen" to "known carcinogen."

But Vitter continued pressuring the EPA for more review.

On Sept. 23, he confirmed to reporters that he had placed a hold on the nomination of Paul Anastas, the Obama administration's choice to head the EPA's Office of Research and Development. He said he wouldn't release the hold until the EPA agreed to send the formaldehyde assessment to the National Academy. To smooth the way for that review, he tried to add an amendment (PDF) to an EPA appropriations bill mandating that the agency set aside $1 million for a National Academy review. Grizzle, the Formaldehyde Council lobbyist, worked to get support for the amendment, according to one of his lobbying disclosure forms (PDF). (The amendment wasn't included in the final bill.)

On Sept. 24 EPA chief Lisa Jackson met with Vitter and offered a compromise: She would ask the National Academy for its advice on the formaldehyde assessment.

That same day, an EPA spokeswoman told the New Orleans Times-Picayune that the chemical didn't need more review, and that the EPA was ready to begin finalizing its assessment.

"This is not the time for more delay," said EPA spokeswoman Adora Andy.

But Vitter didn't budge.

In November, a political action committee created by the American Chemistry Council, whose members include formaldehyde producers Hexion Specialty Chemicals and DuPont, gave Vitter a $2,500 campaign contribution, in addition to the $1,500 it had given him earlier in the year. On Dec. 2, Koch Industries gave Vitter's political action committee a check for $5,000. On Dec. 7, Grizzle gave Vitter (PDF) $200. On Dec. 17, the Society of the Plastics Industry, which represents formaldehyde manufacturers BASF and DuPont, hosted a fundraiser for Vitter at its headquarters, recommending donations of $1,000 per person.

On Dec. 23, Vitter got what he wanted. Jackson agreed to send the study to the National Academy. But in a letter Jackson sent to the Formaldehyde Council that day, she indicated it would not be the exhaustive study the industry had pushed for but would instead be done under a "compressed timeframe." Dr. Peter Preuss, who heads the EPA's chemical risk assessment program, said it will likely be completed in a year.

Vitter removed his hold on Anastas' nomination on Christmas Eve, and the Formaldehyde Council released a statement praising his work.

"Overcoming the agency's intransigence in engaging NAS on formaldehyde would have been impossible without the timely intervention of U.S. Senator David Vitter," Betsy Natz, the council's executive director, said in the news release. The statement said Jackson had contacted the council directly to notify it of the news.

Last month the National Academy began gathering public comments about the 13 scientists it has selected for the formaldehyde panel. The Natural Resources Defense Council, an environmental advocacy group, has already written a letter raising questions about two of the candidates. One worked for the Hamner Institute, an industry-supported laboratory that lists the Formaldehyde Council as one of its sponsors. The other worked for more than a decade at Dow Chemical, which is a member of the Formaldehyde Council and has contributed to Vitter's campaigns.

On March 24, Grizzle, the Formaldehyde Council lobbyist, co-hosted a fundraiser for Vitter at the Capitol Hill Club, an exclusive Republican gathering place. The suggested donation was $1,000 per person.



17 Comments

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  1. 1. tharriss 02:17 PM 4/16/10

    Vitter should be ashamed of himself... but I guess for some people, a happy wallet knows no shame.

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  2. 2. Soccerdad 03:41 PM 4/16/10

    Here's what I don't get about this whole formaldehyde & Katrina thing. These trailers that the displaced people were getting for free and had problems with are the same trailers that affluent people pay a lot of money for and are very happy with. Where's the disconnect?

    My wife actually spent months in a trailer in the New Orleans area after Katrina, because she had to work down there and hotel rooms were very limited. She didn't have any problems.

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  3. 3. bshniper 04:28 PM 4/16/10

    Looks like Republicans are anti-science.

    But is it Scientific American that is anti-Republican?

    The key question here is: How many lives will formaldyhyde hurt vs. how many lives does it save? Morticians and others need formaldyhyde to protect themselves against disease, and wood rot can destroy structures which might collapse or grow dangerous mold.

    Reply | Report Abuse | Link to this
  4. 4. Bob Bradley 05:02 PM 4/16/10

    Formaldehyde has been a strongly suspected carcinogen for years and years now. The evidence is overwhelming. It is clear that Sen. Vitter works for the industry - not the people that elected him.

    Bob Bradley
    Chemical Engineer

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  5. 5. quincykim 05:37 PM 4/16/10

    After a bit of searching online, it seems to me that, 1) there is a well documented link between formaldehyde and health problems, including cancer, 2) those problems vary with the individual so statistically many, but not all people, are affected and 3) there has been resistance all along to setting meaningful health and safety standards.

    I worked around formaldehyde every day for about 2 years in the early '80s, and can't say whether I suffered long term affects (it's not something I think about), but when I was around it, acute effects like difficulty breathing were routine and expected.

    These things might come together to explain why someone could live in a FEMA trailer for months and not feel affected by it (either at the time or later), and others were affected right away in a variety of ways. As for affluent people not being affected in their purchased trailers, it could be duration of exposure, personal reaction, or any of a number of variables, but it's hard to believe their conditions were just like those of the FEMA trailer residents.

    My opinion aligns with the thrust of the article, that formaldehyde is a problem, and that money is being exchanged (and careers ruined) to in an effort to improve health standards.

    Shame indeed on money-grubbing executives and corrupt legislators, a story as old as humanity it seems.

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  6. 6. quincykim 05:46 PM 4/16/10

    Oh, yeah, and as to formaldehyde's usefulness, of course it's a widely used and highly valuable chemical. But until the perspective is broadened to include its drawbacks, there's no real incentive to find a replacement--and there's always a replacement.

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  7. 7. KClark 07:45 PM 4/16/10

    Didn't they use formaldehyde in most vaccines, and chiropractors the world over say that vaccines are horrible for that reason, among many many others?

    Reply | Report Abuse | Link to this
  8. 8. HEIRS_Health 09:24 AM 4/17/10

    The problem is that there are genes polymorphisms that make detoxification of formaldehyde more difficult. Unfortunately, if you have one of these genes, you can get sick because the toxins accumulate at the same time the body is trying to get rid of them -- because of the slower pace of detoxification. If you have other problems such as liver disease or chronic diseases like respiratory ailments, the effects can be much worse. I would ask, if your child is born with a congenital liver disease or polymorphism ,,,,would you want him/her to live in an environment that would undoubtedly make them sick?

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  9. 9. hankroberts 12:52 PM 4/17/10

    "Dr. Peter Preuss, who heads the EPA's chemical risk assessment program, said it will likely be completed in a year."

    After the midterm elections.
    They got what they wanted, another delay til their odds are better for having the votes to create yet further delay.

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  10. 10. hankroberts 10:35 AM 4/18/10

    http://www.nap.edu/openbook.php?record_id=705&page=30

    That's from 1980.

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  11. 11. bongobimbo 04:53 PM 4/19/10

    I see that the usual extremist bloggers are having a field day. By "extremists" I mean the deniers if reality, and we can generally find them voting with senators like Vitter.

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  12. 12. Hermit 07:07 PM 4/19/10

    Too bad Vitter doesn't apply the same vigor in prohibiting cancer agents as he does cannabis.

    Reply | Report Abuse | Link to this
  13. 13. ErnestPayne 09:12 PM 4/19/10

    When the lawsuits begin to appear is there any chance the "good" senator will be in the docket?

    Reply | Report Abuse | Link to this
  14. 14. bluemelody 09:15 PM 4/19/10

    What amazes me is how cheaply he can be bought. I could understand if these folks were donating millions, but a few thousand bucks here and there? Vitter does appear to be a shill, it is just amazing how cheap he comes.

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  15. 15. robert schmidt 12:15 PM 4/20/10

    This just illustrates the systemic corruption of the USA political system. Corporate contributions to political campaigns are just a legalized form of bribery and influence peddling. Corporations are not citizens and, as a result, do not have the right to vote. This just offers them a backdoor, one that obviously means more to some politicians than the welfare of their constituents. This practice should not only be banned but treated as the crime against the people that it is. And this applies to all governments that accept corporate donations.

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  16. 16. DrDietz 10:02 AM 4/26/10

    Since formaldehyde is such a key factor in residential IAQ, what will be the new exposure levels that are considered safe? The answer to this question will have to be addressed in the ASHARE Standard 62 to determine required ventilation rates.

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  17. 17. bdelvalle91 10:05 AM 4/27/10

    I hate how senators and congress seem to only argue on industrial based problems instead of cooperating on american needs. When will America learn of corporations' grasp on us all? We need to purge C apitol Hill and the Senate of corrupt officials until lobbying finally ceases. This is just rediculus, reaping in money at the price of American lives.

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How Senator Vitter Battled the EPA Over Formaldehyde's Link to Cancer

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