CALIFORNIA proposed

SAFER CONSUMER PRODUCT REGULATIONS

Marjorie MartzEmersonOctober 24, 2012

• To establish a process by which chemicals or chemical ingredients of concern in products, and their potential alternatives, are evaluated to determine how best to limit exposures to, or the level of hazard posed by a chemical of concern

• To avoid regrettable substitutions

objectives

1. Identify chemicals of concern

2. Select priority products for evaluation based on the potential for exposures to a chemical of concern

3. Require responsible entities to conduct an alternative analysis for the chemicals of concern to determine how best to limit limit exposures to or adverse impacts on public health and the environment

4. Select and implement regulatory responses

four-step process

• A list of lists from authoritative bodies- Carcinogens

- Mutagens

- Reproductive toxins

- Endocrine disruptors

- Neurotoxins

- Persistent, bioaccumulative, and inherently toxic

- Drinking water MCLs or notification levels

- CWA Section 303(c)

- Toxic air contaminants

- IRIS inhalation or oral reference dose chemicals

- Biomonitoring program chemicals

- CDC list of human exposure to environmental chemicals

chemicals of concern—known hazards

• Prioritizing products that meet both of the following:

- chemicals that have a significant ability to contribute to or cause adverse and public health and environmental impacts; and

- products where there is a significant ability for the public and/or aquatic, avian, or terrestrial animal or plant organisms to be exposed in quantities that contribute or cause adverse impacts, which may include how widely the product is distributed in commerce and how widely the product is used by consumers

• Considering adverse impacts and exposures throughout the life cycle of a product, including the chemical hazard trait and/or environmental and toxicological endpoints, and the aggregate or cumulative effects with other chemicals with the same or similar hazard traits; the physical hazards, environmental fate, and chemical degradation products

selecting priority products

• A priority product with a chemical of concern listed with an alternative analysis threshold

• above which manufacturers required to notify the department and prepare an AA

• below which manufacturers required to notify the department and provide supporting information that they are below the alternative analysis exemption threshold

• Manufacturers required to submit an AA work plan and stage AA providing a comparative life-cycle impact assessment of the priority product and the alternatives (chemical removal, substitution, product redesign, manufacturing process changes)

• Manufacturer selected alternative and recommended regulatory responses

conducting an alternative analysis

• The department identify and require implementation of regulatory responses designed to protect public health and the environment, and maximize the use of alternatives of least concern, where such alternatives are technically and economically feasible

• The department give preference to regulatory responses providing the greatest level of inherent protection.

- Inherent protection refers to avoidance or reduction of adverse impact or exposure that is achieved through the redesign of a product or process rather than administrative or engineering controls designed to limit exposure to, or the release of, a chemical from a product.

regulatory responses

This will be applicable to all chemicals that exhibit a hazard trait or an environmental or toxicological endpoint and that are present in products placed into the stream of commerce in California—but as such, will have a real effect on products produced and sold outside of California

This is about changing the way we think about designing products, selecting materials, eliminating chemical contaminants of concern in our raw materials and manufacturing processes, and working with suppliers. This is about taking our material selection and toxicology assessments to a new level—including doing without chemicals of concern, not just minimizing the quantities, releases, and exposures.

It will require a greater depth of knowledge—responsible entities will need detailed information about the presence of chemicals of concern in products (chemical ingredients and contaminants) at lower concentrations than may be required by other regulations

It will require responsible entities, wherever they are located, to follow the listing of chemicals and priority products in California and submit an individual threshold exemption notification or an affected product notification in a timely manner

It will take work, time, and resources to identify alternatives produce quality life-cycle chemical AAs

It should encourage businesses to work together, even though each entity bears individual responsibility, because like kind products will likely have similar or the same regulatory response

It is likely to require the disclosure of more information on chemicals

impacts on businesses—real change