Oct 1, 2014

California's Department of Toxic Substances Control Includes Paint, Coatings, Adhesives, and Sealants in its Three-year Work Plan for Regulation

Timothy Serie-   On Sept. 12, the California Department of Toxic Substances Control (DTSC) released the first draft of its three-year Priority Product Work Plan, identifying the product categories the department may evaluate in the next three years under the Safer Consumer Products Regulations. The draft work plan describes seven broad product categories and a list of potential chemicals or chemical classes for consideration under each broad product category. The draft work plan explains the department’s decision to select these particular products and potential chemicals. DTSC identified a surprising number of product categories and chemical classes in the first draft work plan — everything from personal care and cleaning products to building products and angling equipment. Given the number of products in the draft work plan, DTSC may not be able to evaluate all of these products over the course of the next three years.

Under the Building Products category, the draft work plan designates paint, coatings, stains, adhesives, sealants, and caulking as potential Priority Products for evaluation over the next three years. With regard to building materials, DTSC cited concerns about exposure to sensitive subpopulations in the built environment and potential impacts on indoor air quality and human health. The draft work plan also identifies the following candidate chemicals in building materials for potential regulatory action: brominated or chlorinated organic compounds; isocyanates; metals (e.g., chromium VI); perfluorinated compounds; phthalates; and volatile organic compounds (e.g., formaldehyde, toluene). While the three-year work plan is intended to signal the market as to which chemicals may become the subject of regulation, the lack of specificity in describing the chemicals may limit the plan’s effectiveness.

ACA attended DTSC’s first workshop on Sept. 25, to discuss the draft work plan. At the workshop, DTSC explained its rationale for including a broad range of products and chemical groups in the draft work plan. According to the department, including a broad range of products allows for flexibility to consider more products over the next three years. Notably, DTSC mentioned its intent to list five to 10 products every year. Stakeholders asked DTSC about how it arrived at the product categories for the draft work plan and what prioritization criteria it used. ACA urged the department to reach out to potentially affected industry stakeholders in the future as it considers new products for listing.

DTSC is accepting comments on the draft work plan until Oct. 13, 2014, and ACA will work with the industry to provide feedback.

DTSC has already taken steps to list and potentially regulate three Priority Products, even as it just released its draft work plan for the next three years. 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. After a Priority Product has been listed, responsible entities will have 60 days to provide notice to DTSC if they are manufacturing a Priority Product for sale in California, and the responsible entity may then be required to conduct an Alternatives Analysis. After reviewing an industry Alternatives Analysis, DTSC may initiate a regulatory response to restrict, limit, or ban the use of the Priority Product or chemical.

Read on at:
http://paint.org/news/industry-news/item/1589-california%E2%80%99s-department-of-toxic-substances-control-includes-paint-coatings-adhesives-and-sealants-in-its-three-year-work-plan-for-regulation.html