Comments on California's Draft Green Chemistry Regulation

Paint.org: The ACA submitted comments to California's Department of Toxic Substances Control (DTSC) Office of Legislation & Regulatory Policy on its Draft Regulation for Safer Consumer Products, which stages a key component of the state's 2008 Green Chemistry Initiative law to create a system to regulate chemicals in consumer products. Under the new regulations, which are scheduled to be finalizes by Jan. 1, 2011, manufacturers of products that use toxic materials could be required to carry warning labels, have their products recalled or be asked to replace harmful materials with safer alternatives; or, in some cases, the state could ban the sale of products. In its comments ACA underscores that, as written, the regulations are flawed and, if left unchanged will likely have the unintended consequence of stifling jobs and commercial activity in the State of California. Instead, it urged the department to consider all relevant changes offered by critical stakeholders that would seek to develop draft regulations that are more workable and closer to the requirements of the enabling legislation, which requires the department "to establish a process by which chemicals of concern in products, and their potential alternatives, are evaluated to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern" (emphasis added).

ACA urged the use of a risk-based, scientific approach for advancing green chemistry principles that will enhance the public trust in government agencies, and specifically the DTSC to protect people and the environment. It argued that the department must consider that "redesign" of a product is not a trivial matter that can be accomplished easily: while one substance may appear to be a suitable substitute for another based on structure or other physical properties, our products are complex formulations that deliver specific beneficial properties (e.g., low VOC, one coat hiding, and extended durability) that depend on critical interactions of individual components. Simply replacing one with another may result in a product that now can not deliver the benefits of the original, with a net negative lifecycle impact.

Under the proposal, the state would establish a list of "chemicals of concern," which would include carcinogens, mutagens, neurotoxins and compounds that disrupt hormones, persist in the environment, or accumulate in human bodies. DTSC would pick "priority products," popular items that are heavily used by children, pregnant women, and the elderly and other sensitive populations. Manufacturers, suppliers and importers would have to certify to the state - and to retailers - that their products were free of chemicals on the list before they can sell them in California. In some cases, they would also do assessments to find safer alternatives.

ACA also provided specific comments on various aspects of the draft regulations constitute an overreach of the statute, confuse the regulated community, and work at cross purposes to the intent of the legislation to "reduce the level of hazard posed by a "chemical of concern".

ACA is a participant in the Green Chemistry Alliance via its California Paint Council, which has submitted concerned comments to DTSC prior to its release of the draft regulations.

The draft regulations are available at: http://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative/upload/Safer-Product-Alternative-Regulations-6-23-10.pdf.