Jul 23, 2014

Comments on Dept. of Toxic Substances Control (DTSC) on Proposed Priority Products Listing

Timothy Serie (ACA)
On June 30, ACA submitted comments to California’s Department of Toxic Substances Control (DTSC) on the agency’s pre-regulatory proposed Priority Products listings under the California Safer Consumer Products Regulations. Since the California “Green Chemistry Program” was enacted in 2008, ACA and its California Paint Council have engaged with California’s DTSC in the development of the California Safer Consumer Products Regulations. DTSC finalized the Safer Consumer Product Regulations on Oct.1, 2013, and since then, DTSC has embarked on implementing the next phase of the regulations.

On March 13, 2014, DTSC proposed the following three Priority Products: 1) spray foam systems containing unreacted diisocyanates; 2) paint and varnish strippers containing methylene chloride; and 3) children’s sleeping pads containing chlorinated tris.

In its comments, ACA responsed to DTSC’s March proposed listing of the Priority Products. ACA’s comments focused on the broader process of proposing the three Priority Products, as well as the specific listing of paint and varnish strippers containing methylene chloride. Regarding the overall process, ACA commented that the Priority Product profiles should not have been released in a seemingly final format before contacting affected industries and ensuring the profiles were accurate and complete. ACA maintains that these Priority Product profiles highlighted human health exposure and environmental impacts targeting the Priority Product, but the profiles were not complete or 100 percent accurate. Further, ACA commented that affected industries should have been contacted prior to the Priority Product announcement, since the release could negatively impact their business sectors.

ACA also stressed that the most significant exposures and impacts that spurred the listing should be prioritized. This step is important for industry, as companies that are subject to the regulations will need to focus their alternatives analysis based on the department’s final rationale for listing a Priority Product. Additionally, ACA urged DTSC to consider a more prioritized approach to listing Priority Products, to provide clear regulatory signals to the chemical industry.
Read more by Timothy Serie at (ACA)