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California’s Safer Consumer Products Regulations Overview and Implementation April 9, 2014

California’s Safer Consumer Products Regulations Overview and Implementation April 9, 2014. What are the Safer Consumer Products Regulations?. Assembly Bill 1879 (2008) - required DTSC to adopt regulations establishing a process to:

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California’s Safer Consumer Products Regulations Overview and Implementation April 9, 2014

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  1. California’s Safer Consumer Products RegulationsOverview and ImplementationApril 9, 2014

  2. What are the Safer Consumer Products Regulations? • Assembly Bill 1879 (2008)- required DTSC to adopt regulations establishing a process to: • Identify and prioritize chemicals in consumer products with potential to cause adverse public health or environmental impacts • Evaluate safer alternatives • Shared vision - a science-based process to drive markets toward safer products • DTSC’s interpretation – manufacturers should ask: “is it necessary?”

  3. SCP Regulation – How it Works Candidate ChemicalsList 1. Chemicals 2. Products(Product-Chemical Combinations) Priority Products 3. Alternatives Analysis Alternatives Selection 4. Regulatory Response

  4. Chemicals & Products Petition Process • Anyone may petition DTSC to add / remove a chemical, chemical list, or product • High priority for petitions by federal and California regulatory programs

  5. Why “Candidate Chemicals”? • Manageable universe of substances for prioritization • List of lists approach minimizes surprises and facilitates stakeholder acceptance • Sends immediate signals to the marketplace • Detersregrettable substitutions

  6. Selection of Initial Priority Products • Proposed list of 3 product-chemical combinations released March 13, 2014: • Spray Polyurethane Foam (SPF) Systems containing unreacted diisocyanates • Children’s Foam Padded Sleeping Products containing Tris (1,3-dicloro-2-propyl) phosphate (TDCPP) • 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.

  7. Priority Products Listing Process – Additional Procedural Requirements • External scientific peer review • CEQA • Economic impact analysis • Environmental Policy Council review

  8. Regulatory Off-Ramps • 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)

  9. Alternatives Analysis Process: 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

  10. Scope of AA - “A-M” Criteria in Statute • Energy efficiency • Greenhouse gas emissions • Waste and end-of-life disposal • Public health impacts: sensitive sub-populations • Environmental impacts • Economic impacts DTSC required to issue AA guidance before adopting first list of Priority Products Product function/ performance Useful life Materials/resource consumption Water conservation Water quality impacts Air emissions Product use, transportation,energy inputs

  11. Responsibilityfor Compliance 1 • MANUFACTURER: makes the product or controls the manufacturing process, or has the capacity to specify the chemicals in the product. 2 • U.S. IMPORTER: imports the product into California. 3 • RETAILERS: sell the product in California. • -OR- • ASSEMBLERS: assemble products containing Priority Product components

  12. Transparency • 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

  13. Potential Regulatory Responses • 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

  14. Implementation Timeline

  15. Implementation Challenges • 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

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