Chemicals Policy – In search of the Holy Grail

1. Chemicals Policy – In search of the Holy Grail Debbie Raphael Toxics Reduction/Green Building Program Manager (415) 355-3711 debbie.raphael@sfgov.org

2. Parallel Universes • Product Stewardship, Source Reduction, Clean Production, Clean Tech, Green Building • All pointing toward the Holy Grail of product “reformulation” or “redesign”

3. Who controls the Holy Grail? • Manufacturers - specifications of the products they sell • Product designers - new ideas for products • Chemical engineers - building blocks available to product designers • Consumers - direct product design through their demand • Government - require changes in design through regulation

4. Of course it’s all of the above. But how do we move toward the Holy GrailWhat can (local) government do?

5. San Francisco has: • Early 90’s - demanded recycled content paper and soy based inks for City use • 1996 restricted the types of pesticides allowed to be used on city property. • Alternatives to organophosphate pesticides • 1999 - banned sale of mercury thermometers • 2001 - restricted City’s purchase of arsenic treated wood and looked for alternatives

6. San Francisco has: • 2003 - created a Precautionary Purchasing Policy • all city purchases, relies on complete information to evaluate alternatives • 2007 - banned the sale of non-compostable plastic grocery bags • 2007 - banned the sale of children’s products containing the plasticizer, phthalates (Good Vibrations – sex toys)

7. Herding cats model of chemicals policy. This moves us towards the Holy Grail but does not constitute an organized assault.

8. Challenges for chemicals policy at the local level: • Creates unique burdens on local retailers • Very challenging to enforce • Typically are clear on what “not” to use but must also offer guidance on alternatives • Easy: thermometers and thermostats • Difficult: plasticizers and flame retardants

9. Local initiatives are critical: • Shine light on the problems associated with specific chemicals beyond local boarders • Creating critical mass of local initiatives drives state and federal action

10. Government Procurement = Real success story in moving towards reformulation • Driving product redesign through purchasing specifications. • AKA – EPP • Clinton Executive Order, states, locals

11. Evidence of success: • It’s not uncommon for the manufacturers, or the product designers, or the chemists to call us and say….. • “So, you don’t like nonylphenolethoxylates as surfactants, what do you want us to use instead?”

12. Evidence of success: • Cleaning Products: • Multiple manufacturers • 3rd party certifications like Green Seal • Computers: • Mainstream manufacturers meet EPEAT standards • Lighting: • Trade association calling for lower mercury content of CFL’s, tubes • Increasing bid strength: SF-State of CA-NYC-SF

13. The challenge now: How to make these same strides for the general public? • A public who: • Cannot evaluate various chemistries nor even know about an MSDS let alone how to read one. • As individuals cannot demand take-back of products as a condition of their purchase. • Is not entitled to full information about product ingredients. • Is faced with an array of meaningless product claims on labels

14. How to ensure that all products, those used by the general public, benefit from reformulation?Let’s go back to the players in our chain of commerce who influence product design

15. Many potential insertion points: • Manufacturers • Product designers • Chemical engineers • Consumers • Government

16. Within this chain of influence:Government can act as a consumer and as a regulatorWe, in government have done our part as consumers, it’s time now to turn up the heat on the regulation.

17. Need for Regulations that: • Offer incentives for the positive • Tax incentives for green chemistry initiatives, i.e. Clean Tech materials sector • Make it more difficult to maintain the status quo • Improved communication on product ingredients and hazards • Make it impossible to include the truly hazardous and unnecessary. • Use a precautionary approach when safer alternatives exist.

18. In the short term: Need Regulations that fill in the data gap: • Increased testing on potential hazards • Complete information on product labels • don’t exclude chemicals as “inert” or “fragrance” • Expand and strengthen the MSDS • Long term health impacts • Environmental impacts

19. How do we get these regulations enacted? • Lately, I’ve been inspired by the work of our colleagues in the European Union and Canada who are examining and creating regulatory drivers for product redesign and reformulation. • I’m not alone

20. Nonprofits are weighing in:new potential partners • Product Stewardship/EPR not exciting / Toxics Reduction or Chemicals Policy, that perks up their ears. • CHANGE – Californians for a Healthy and Green Economy • Coalition of EJ, Env Health, Cancer organizations • SAFER: • Coalition of coalitions • WA, NY, Maine, Conn, MA, CA, MN, MI

21. Elected Officials are weighing in: • US Senator Frank Lautenberg • Kid Safe Chemical Act (disclosure and testing) • CA Senator Joe Simitian and Assemblyman Mike Feuer • Increase testing • Creation of a Toxics Reduction Program for California

22. Bureaucracies are weighing in: • CalEPA announced Green Chemistry Initiative • DTSC holding seminars and workshops, gathering public input in order to make a recommendation on chemicals policy reform.

23. As governments we will continue to drive reformulation through our consumer demand and we will work towards updated regulation.

24. Good Chemicals Policy will provide the road map that will lead us towards the Holy Grail of product stewardship, product redesign. When we achieve that Holy Grail all products will be designed to have the smallest footprint possible whether that be carbon or material or chemical.

25. We have great hopes for this work There are a lot of moving parts, a lot of potential insertion points and, it turns out a lot of new partners Clearly we will need all the players in that chain of commerce to work together. I invite you to join us.