Department of Toxic Substances Control Cal/EPA

California’s Safer Consumer Products

Independent Review Panel June 14, 2017

Meredith Williams, Deputy Director, Safer Products and Workplaces ProgramKarl Palmer, Branch Chief, Safer Consumer Products Branch

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Safer Consumer Products Branch

VisionProducts are made with chemicals that are safe for people and the environment.

MissionTo advance the design, development, and use of products that are chemically safer for people and the environment.

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For today

The Problem• Origins and solutions• Why Green Chemistry?

The Safer Consumer Products regulations• Framework regulations• Implementation to date

Building the program – our approach, a look forward5

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Statutory pitfalls: regrettable substitutes

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Legislative whack-a-mole

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http://coeh.berkeley.edu/greenchemistry/briefing/ https://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative/upload/GREEN_Chem.pdf

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Toxics in Products Authorities Toxics in packaging Lead and arsenic containing jewelry Lead in plumbing Lead wheel weights General purpose lights Electronic devices Mercury containing devices Copper Brake Pads Safer Consumer Products

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The utilization of a set of principles that reduces or eliminates the use or generation of hazardous substances in the design, manufacture, and application of the chemical products.

- Anastas and WarnerGreen Chemistry: Theory and Practices

2007-2017: California’s Approach

Green Chemistry

Report

2008 Statutory Authority

2010 Draft

Regulations

2013 Safer

Consumer Products

Regulations

2014Draft Initial

Priority Products

2015 Three Year Work Plan

2017 Alternatives

Analysis Guide

Product listings

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Safer Consumer Products Foundational Questions

Is it necessary? Is there a safer alternative?

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The CA Framework: Producer Responsibility

DTSC Startup Citywww.martin prosperity.org2014

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SCP regulations

Regulatory framework – 4 step process

Implementation: work to date• Priority Products• Alternatives Analysis

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Safer Consumer Products framework

As designated by 23 authoritative bodies

DTSC selects Product-Chemical combinations that may cause harm

Manufacturer evaluation of alternatives

DTSC considers range of possible responses

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California Code of Regulations, title 22Chapter 55. Safer Consumer Products Sections 69501 through 69510

• 23 Authoritative Bodies• Updated Quarterly

Example lists• Prop 65 list• Biomonitoring CA priority chemicals• US EPA identified carcinogins• Toxics Release Inventory PBTs• CWA 303(c) and (d) pollutants

Exclusions• FIFRA pesticides • Prescription drugs • Food• Medical devices and dental restorative

materials

Searchable databasehttps://calsafer.dtsc.ca.gov/chemical/search.aspx

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Prioritization PrinciplesPotential exposure to the Candidate Chemicals in the product

AND

Potential for exposures to contribute to or cause significant or widespread adverse impacts

Selecting Product-Chemical Combinations

Potential exposure to the Candidate Chemicals in the product AND

Potential for exposures to contribute to or causesignificant or widespread adverse impacts

Chemicals are considered in the product context

• People, aquatic, avian or terrestrial animals or plants

• Consideration of entire life cycle of product

• Availability of safer alternatives• Special Consideration for:

• Sensitive sub-populations• Environmentally sensitive habitats• Endangered species

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2. Adopting Priority Products

WorkshopsMeetings

CommentsData/Information

ResearchQ/A

RefinementDialog

Rulemaking:- Supporting

documents- Formal comment

period- Formal hearing

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Key Concepts• Manufacturer evaluation• Public comment • CBI protections• Life Cycle Thinking

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Alternatives Analysis Process

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Transparency measures

Factors to be considered in the AA:Adverse environmental impactsAdverse public health impactsAdverse waste and end-of-life effectsEnvironmental fateMaterials and resource consumption impactsPhysical chemical hazardsPhysicochemical propertiesAssociated exposure pathways and life cycle

segments

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Division 4.5, Title 22, California Code of Regulations Chapter 54 Green Chemistry Hazard Traits, Toxicological and Environmental Endpoints and Other Relevant Data

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No response Additional information to DTSC Additional information to consumer Additional safety measures Restrictions/Prohibitions on sales End-of-life product stewardship Research funding

Implementation

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Priority Products List: Children’s foam-padded sleeping products with TDCPP or TCEP

Flame retardants with carcinogenicity and developmental toxicity• Nap Mats• Soft sided portable cribs• Play pens • Bassinets

Regulations effective July 1 Protecting children

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Spray Polyurethane Foam with unreacted MDI

Worker exposures Respiratory sensitization Asthmagen

Rulemaking underway Comments closed June 6

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Methylene chloride paint strippers

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Methylene chloride paint strippers

Widely used by businesses and DIYers Carcinogen Neurotoxicant Workers and consumers hurt or killed every

year

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Work Plan

Policy Priorities Sensitive subpopulations –

children, workers Aquatic impacts Built environment Selected exposure pathways and

evidence- Biomonitoring- Indoor air - Direct and clear exposure routes

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http://dtsc.ca.gov/SCP/upload/PriorityProductWorkPlan_2015.pdf

Household/Office Furniture/

FurnishingsBeauty, Personal Care and Hygiene Products

Building Products –Paint Products, Adhesives, Sealants, Flooring

Cleaning Products

ClothingFishing and Angling Equipment

Office Machinery Consumable Products

2015 – 2017 Priority Product Work Plan Categories

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Step 1: Chemical scoping to identify key chemicals with potential impacts related to policy priorities

Step 2: Research on chemical uses in products

Step 3: Initial public engagement

Step 4: Specifying chemical-product combinationsor additional engagement and research

Step 5: Rulemaking

Picking Products

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Potential Aquatic Impacts and Continued Uses of Nonylphenol Ethoxylates (NPEs)

Commercial detergents Clothing Toilet paper Cleaners Paint

LA Region POTW effluent

Data from large NPDES dischargers

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Potential Aquatic Impacts and Continued Uses of Triclosan

FDA actionTriclosan and triclocarban in liquid, foam, gel hand soaps, bar soaps, and body washes

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Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in Carpets, Rugs, Indoor Upholstered Furniture, and Their Care and Treatment Products

Can cause cancer, kidney, liver disease Extremely persistent Long half life All PFASs listed via California

Biomonitoring program High potential for regrettable

substitution 1/31 workshop

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Nail salon products

Extensive worker exposures Chemicals beyond formaldehyde, toluene, DBP Hosted workshop 3/2 Initial stakeholder input submitted AB 2125 Healthy Nail Salon Recognition

http://dtsc.ca.gov/SCP/Workshops.cfm

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Lead Acid Batteries Governor Brown and Legislative mandates Department-wide focus to address batteries Evaluating lead acid batteries as potential Priority

Product Building on research and findings of the

Community Protection and Hazardous Waste Reduction Initiative

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Petition process Process allows submittal of data and analysis requesting DTSC

action BPA in can linings petition received Completeness review complete Undergoing merits review

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View petition at https://calsafer.dtsc.ca.gov/

CalSAFER: SCP’s Information Management System

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https://calsafer.dtsc.ca.gov/

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Alternatives Analysis

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What are the trade offs?What information is available?

What are the data gaps?What will meet the performance criteria?

Does this alternative have a downside?

Alternatives Analysis Guidance

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AA Guide

To be released in June 2017 Will be updated regularly DTSC will work with regulated

sectors on technical assistance

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2017 Calendar

SPF comments closed June 6 BPA petition determination June Alternatives Analysis Guide release June Nap mats regs effective July 1 Green Ribbon Science Panel meeting July 17-18 Draft 2018-2020 Priority Product Work Plan December

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Build Capacity

Lead the Way

Execute

The Three Pillars of the SCP Program

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Build Capacity

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Execute53

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Lead the Way

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5656

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Signal to the Marketplace…

DTSC

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Accelerate the quest for safer alternatives

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The Frank R. Lautenberg Chemical Safety for the 21st Century Act

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https://www.eenews.net/stories/1060039241

Signed June 22, 2016

Changed the standard for chemical restrictions

Timelines for chemicals review set in statute

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2014

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Thank you

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