What are the Safer Consumer Products Regulations?


Assembly Bill 1879 (2008) - required DTSC to adopt
regulations establishing a process to:
1.
2.
Identify and prioritize chemicals in consumer products with
potential to cause adverse public health or environmental
impacts
Evaluate safer alternatives

Shared vision - a science-based process to drive markets
toward safer products

DTSC’s interpretation – manufacturers should ask: “is it
necessary?”
2
1. Chemicals
2. Products
(Product-Chemical
Combinations)
3. Alternatives
Analysis
Candidate
Chemicals List
Priority Products
Alternatives
Selection
4. Regulatory
Response
3


Anyone may petition DTSC to add / remove a
chemical, chemical list, or product
High priority for petitions by federal and
California regulatory programs
5


Manageable universe of substances for
prioritization
List of lists approach minimizes surprises and
facilitates stakeholder acceptance

Sends immediate signals to the marketplace

Deters regrettable substitutions
6
7

Proposed list of 3 product-chemical combinations
released March 13, 2014:
o Spray Polyurethane Foam (SPF) Systems containing
unreacted diisocyanates
o Children’s Foam Padded Sleeping Products containing
Tris (1,3-dicloro-2-propyl) phosphate (TDCPP)
o Paint and Varnish Strippers and Surface Cleaners
containing methylene chloride

DTSC to propose a 3-year workplan for additional
Priority Product listings in October, 2014.
8
9

External scientific peer review

CEQA

Economic impact analysis

Environmental Policy Council review
10



Notice of intent to remove chemical of
concern or product (within 6 months of PP
listing)
Alternatives Assessment Threshold (AAT) DTSC may include in final PP listing
Petition to de-list (chemical or product)
11
Required after a Priority Product is listed:

To evaluate alternatives to use of COC

AA first stage & Preliminary AA Report

AA second stage & Final AA Report

Alternate Process AA
12
A.
Product function/
performance
H. Energy efficiency
B.
Useful life
I.
Greenhouse gas emissions
C.
Materials/resource
consumption
J.
Waste and end-of-life
disposal
K.
Public health impacts:
sensitive sub-populations
Environmental impacts
D.
Water conservation
E.
Water quality impacts
L.
F.
Air emissions
M. Economic impacts
G.
Product use,
transportation, energy
inputs
DTSC required to issue AA guidance before adopting first
list of Priority Products
13
1
2
3
MANUFACTURER: makes the product or controls the
manufacturing process, or has the capacity to
specify the chemicals in the product.
U.S. IMPORTER: imports the product into California.
RETAILERS: sell the product in California.
-ORASSEMBLERS: assemble products containing Priority
Product components
14



AA final reports posted - allow for redaction
of trade secrets
Public comment period for final AA Report
DTSC will review comments to determine
which warrant a response from manufacturer
15

No action

Additional information to DTSC

Additional information to consumer

Additional safety measures

Use Restrictions/Prohibitions on Sales

End-of-life product stewardship

R&D funding
16
Initial
Candidate
Chemicals
September
26, 2013
First
proposed
Priority
Products –
March 13,
2014
Adoption
of first
priority
products –
Q2-Q3
2015
PP
notification
due –
Preliminary
AA report
due –
Final AA
report due
–
Q3-Q4
2015
Q1-Q2
2016
Q1-Q2
2017
Regulatory
response unknown
17

Objective selection of Priority Products

PP Rulemaking – APA, scientific peer review, economic
analysis and EPC review

Lawsuits

More PRA requests

Petitions to add/remove CCs and PPs

Filling data gaps - especially product/market data

Managing data and trade secret information

DTSC resources
18