California’s Safer Consumer Products Regulations

Overview and Implementation

April 9, 2014

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Assembly Bill 1879 (2008) - required DTSC to adopt regulations establishing a process to:1. Identify and prioritize chemicals in consumer products with

potential to cause adverse public health or environmental impacts

2. Evaluate safer alternatives

Shared vision - a science-based process to drive markets toward safer products

DTSC’s interpretation – manufacturers should ask: “is it necessary?”

What are the Safer Consumer Products Regulations?

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1. Chemicals

2. Products(Product-Chemical

Combinations)

3. Alternatives Analysis

Candidate Chemicals List

Priority Products

Alternatives Selection

4. Regulatory Response

SCP Regulation – How it Works

Anyone may petition DTSC to add / remove a chemical, chemical list, or product

High priority for petitions by federal and California regulatory programs

Chemicals & Products Petition Process

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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

Why “Candidate Chemicals”?

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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.

Selection of Initial Priority Products

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External scientific peer review

CEQA

Economic impact analysis

Environmental Policy Council review

Priority Products Listing Process – Additional Procedural Requirements

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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)

Regulatory Off-Ramps

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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

Alternatives Analysis Process:

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Scope of AA - “A-M” Criteria in Statute

A. Product function/ performance

B. Useful life

C. Materials/resource consumption

D. Water conservation

E. Water quality impacts

F. Air emissions

G. Product use, transportation, energy inputs

H. Energy efficiency

I. Greenhouse gas emissions

J. Waste and end-of-life disposal

K. Public health impacts: sensitive sub-populations

L. Environmental impacts

M. Economic impacts

DTSC required to issue AA guidance before adopting first list of Priority Products

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Responsibility for Compliance

RETAILERS: sell the product in California.-OR-

ASSEMBLERS: assemble products containing Priority Product components

U.S. IMPORTER: imports the product into California.

MANUFACTURER: makes the product or controls the manufacturing process, or has the capacity to specify the chemicals in the product.

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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

Transparency

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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

Potential Regulatory Responses

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Initial Candidate Chemicals

- Septemb

er 26, 2013

First proposed Priority

Products – March

13, 2014

Adoption of first priority

products – Q2-Q3 2015

PP notification due – Q3-Q4 2015

Preliminary AA

report due –

Q1-Q2 2016

Final AA report due

– Q1-Q2 2017

Regulatory response - unknown

Implementation Timeline

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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

Implementation Challenges