Californias Safer Consumer Products Independent Review Panel June - PowerPoint PPT Presentation

California’s Safer Consumer Products Independent Review Panel June 14, 2017 Meredith Williams, Deputy Director, Safer Products and Workplaces Program Karl Palmer, Branch Chief, Safer Consumer Products Branch Cal/EPA Department of Toxic Substances Control

Safer Consumer Products Branch Vision Products are made with chemicals that are safe for people and the environment. Mission To advance the design, development, and use of products that are chemically safer for people and the environment. 2

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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 forward 5

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Statutory pitfalls: regrettable substitutes 7

Legislative whack-a-mole 8

https://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative http://coeh.berkeley.edu/greenchemistry/briefing/ /upload/GREEN_Chem.pdf 9

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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 12

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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 Warner Green Chemistry: Theory and Practices 14

2007-2017: California’s Approach 2017 2014 2013 Alternatives 2015 Green 2008 2010 Draft Analysis Safer Chemistry Statutory Three Year Initial Draft Consumer Guide Report Authority Regulations Work Plan Products Priority Product Regulations Products listings 15

Safer Consumer Products Foundational Questions  Is it necessary?  Is there a safer alternative? 16

The CA Framework: Producer Responsibility 17

18 Startup City DTSC www.martin prosperity.org 2014

SCP regulations  Regulatory framework – 4 step process  Implementation: work to date • Priority Products • Alternatives Analysis 19

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

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 • 23 Authoritative Bodies materials • Updated Quarterly 21 Searchable database https://calsafer.dtsc.ca.gov/chemical/search.aspx

Selecting Product-Chemical Combinations Prioritization Principles Potential exposure to the Candidate Chemicals in the product AND Potential for exposures to contribute to or cause significant or widespread adverse impacts 22

Chemicals are considered in the product context • People, aquatic, avian or terrestrial animals or plants • Consideration of entire life cycle of product Potential exposure to the • Availability of safer alternatives Candidate Chemicals in • Special Consideration for: the product AND • Sensitive sub-populations • Environmentally sensitive habitats Potential for exposures to contribute to or cause • Endangered species significant or widespread adverse impacts 23

2. Adopting Priority Products Rulemaking: Workshops Research - Supporting Meetings Q/A documents Comments Refinement - Formal comment period Data/Information Dialog - Formal hearing 24

Key Concepts • Manufacturer evaluation • Public comment • CBI protections • Life Cycle Thinking 25

Alternatives Analysis Process Transparency measures 26

Factors to be considered in the AA: Adverse environmental impacts Adverse public health impacts Adverse waste and end-of-life effects Environmental fate Materials and resource consumption impacts Physical chemical hazards Physicochemical properties Associated exposure pathways and life cycle segments 27 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 29

Implementation 30

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 31

Spray Polyurethane Foam with unreacted MDI  Worker exposures  Respiratory sensitization  Asthmagen Rulemaking underway  Comments closed June 6 32

Methylene chloride paint strippers 33

Methylene chloride paint strippers  Widely used by businesses and DIYers  Carcinogen  Neurotoxicant  Workers and consumers hurt or killed every year 34

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

2015 – 2017 Priority Product Work Plan Categories Household/Office Beauty, Personal Cleaning Furniture/ Care and Hygiene Products Furnishings Products Building Products – Paint Products, Adhesives, Sealants, Flooring Fishing and Angling Equipment Clothing Office Machinery Consumable Products 36

Picking Products 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 combinations or additional engagement and research Step 5: Rulemaking 37

Potential Aquatic Impacts and Continued Uses of Nonylphenol Ethoxylates (NPEs)  Commercial detergents LA Region POTW effluent  Clothing  Toilet paper  Cleaners  Paint Data from large NPDES dischargers Information gathering continues – uses, presence in the environment 38

Potential Aquatic Impacts and Continued Uses of Triclosan FDA action Triclosan and triclocarban in liquid, foam, gel hand soaps, bar soaps, and body washes 39

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 40

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

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 43

Petition process  Process allows submittal of data and analysis requesting DTSC action  BPA in can linings petition received   Completeness review complete  Undergoing merits review 44 View petition at https://calsafer.dtsc.ca.gov/

CalSAFER: SCP’s Information Management System 45 https://calsafer.dtsc.ca.gov/

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Alternatives Analysis 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? 47

Alternatives Analysis Guidance 48

AA Guide  To be released in June 2017  Will be updated regularly  DTSC will work with regulated sectors on technical assistance 49

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 50

The Three Pillars of the SCP Program Build Capacity Lead the Way Execute 51

Build Capacity 52

Execute 53

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Lead the Way 55

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Signal to the Marketplace… 58 DTSC

Accelerate the quest for safer alternatives 59