Post on 23-Feb-2016
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Prioritizing Chemicals of Concern in California California‘s Safer Consumer Product Regulations
Joanna Malaczynski, Founder
NAHMMA 2014 Northwest Hazardous Materials Conference
Overview & Today’s AgendaCalifornia’s Safer Consumer Product Regulations
• Overview of regulations• Selection of candidate chemicals (October 2013)• Where candidate chemicals are found• Draft regulatory list (March 2014)• Compliance requirements for first round (2015)• Concluding thoughts
Overview of California’s Safer Product Regulations
• Apply to those who put products into CA “stream of commerce;” manufacturers have primary responsibility.
• Regulate product-chemical combinations.
• First draft regulatory list will be finalized in 2015.
• Require alternatives analysis to avoid regrettable substitutions.
Statutory Authority - AB 1879 (2008) and SB 509 (2008); codified in 22 CCR 69501 et seq. (2013)
FIRST DRAFT REGULATORY LIST
(MARCH 2014)
PUBLIC COMMENT& GRACE PERIOD
(NOW)
DRAFT REGULATORYLIST FINALIZED
(2015)
ALTERNATIVESANALYSES DUE
(180+ DAYS AFTER)
SECOND DRAFT REGULATORY LIST
(2016)
Rinse and Repeat
Regulatory Lists Used to Select Initial Candidate Chemicals
CHEMICALS ON REGULATORY HAZARDS LISTS
CHEMICALS ON REGULATORY
EXPOSURE POTENTIAL LISTS
INITIAL CANDIDATECHEMICALSLIST*
ExampleList SourcesATSDRIARC**CAN PBT**CDC EC Annex IV**IRISCA OEHHACA EPAWA PBTsUS EPANTP
* Total is 248 individual & grouped chemicals**International lists
E.G. – CHEMICALS KNOWN TO CAUSE CANCER
E.G. – CHEMICALS FOUND IN BIO-MONITORING STUDIES
Candidate Chemicals Are Commonly Used Across Product Types and Industries
HYPOTHETICAL: AN INGREDIENT USED IN PROTECTIVE PLASTIC–BASED COATINGS CAN POTENTIALLY BE FOUND IN COMPONENTS ACROSS PRODUCT TYPES AND INDUSTRIES
COUCHES
SHOES LAMPS
DOLLS
JACKETS
PLASTIC PLATES
PLASTICCOATINGS
A Given Product Can Have Multiple Components EACH PRODUCT COMPONENT CAN HAVE SEPARATE CHEMICAL ISSUES
METAL ZIPPERS WITH RUST-PROOF COATING
SYNTHETIC CANVAS WITH WATERPROOF TREATMENT
PLASTIC CLIPS
SYNTHETIC STRINGS WITH FRAY-PROOF COATING
FOAM INSULATION FOR LAP-TOP
PLASTIC LINER
Image: FRUS
Prioritizing Candidate Chemicals for Draft Regulatory List
Based on Exposure Potential
• USERS, FREQUENCY OF USE, AND TYPE OF USE
• POTENTIAL FOR EXPOSURE TO THE CHEMICAL FROM THE PRODUCT
• POTENTIAL EXPOSURES TO THE CHEMICAL DURING THE PRODUCT’S LIFE CYCLE
• VOLUMES IN PRODUCTS AND COMMERCE
Images: FRUS
Chemical Exposure Potential During the Product Life Cycle
MATERIALS EXTRACTION•LEECHING INTO AIR/SOIL/WATER•EXPOSURE TO WORKERS
MANUFACTURING• MANUFACTURING WASTE•EXPOSURE TO WORKERS
PACKAGING•EXPOSURE TO CONSUMERS•EXPOSURE TO WORKERS
USE•EXPOSURE TO CONSUMERS, CUSTOMERS, WORKERS
DISPOSAL/RECYCLING•LEECHING INTO AIR/SOIL/WATER•EXPOSURE TO WORKERS
STORAGE &TRANSPORTATION•RISK OF SPILLS, COMBUSTION, ETC. •EXPOSURE TO WORKERS
Industries on Regulatory Radar &Overview of Draft Regulatory List #1
PERSONAL CARE & CLEANING
BUILDING INDUSTRY
BABY & CHILDREN
HOME FURNISHINGS
CLOTHING / ACCESSORIES
CONSUMER ELECTRONICS
- ON DRAFT LIST ON DRAFT LIST ON DRAFT LIST - -
•HAS BEEN PRESSURED RECENTLY INTO VOLUNTARY ACTION.
• SOLVENT IN/FOR PAINTS
• SPRAY FOAM INSULATION
FLAME RETARDANT IN KIDS’ SLEEPING PRODUCTS
FLAME RETARDANT IN KIDS’ SLEEPING PRODUCTS
•HAS MADE LOTS OF PROGRESS DUE TO PUBLIC PRESSURE BUT HAS LOTS MORE TO GO.
•“COMPLEX DURABLE PRODUCTS” ANTICIPATED BY REGULATIONS
Draft Regulatory Product-Chemical Combo #1: CHEMICAL: METHYLENE CHLORIDE PRODUCTS: PAINT & VARNISH STRIPPERS, SURFACE CLEANERSFUNCTION: SOLVENT
Primary hazards: Carcinogen, body-systems toxin, air & water pollutant
Who is at risk: Workers, do-it-yourselfers, pregnant women, fetuses & infants, those at risk of heart attack
Exposure pathways: Inhalation and dermal contact; air and water exposure near source. Transformed in body to carbon monoxide.
Safer alternatives: Paint strippers using benzyl alcohol, sanding
Source: DTSC Fact Sheet
PAINT & VARNISHSTRIPPERS
SURFACE CLEANERS
TOXIC SOLVENT
Draft Regulatory Product-Chemical Combo #2:CHEMICAL: TDCPP (AKA CHLORINATED TRIS)PRODUCTS: CHILDREN’S FOAM-PADDED SLEEPING PRODUCTS FUNCTION: FLAME RETARDANT FOR POLYURETHANE FOAM
Primary hazards: Carcinogen, hormone disruptor, bio-accumulative
Who is at risk: Children, daycare workers, fish, wildlife
Exposure pathways: Released into air and dust found in our everyday environments; ingested via inhalation; skin absorption
Safer alternatives: bedding without polyurethane foam (e.g. cotton, wool, polyester)
Primary Source: DTSC Fact Sheet
CHILDREN’S SLEEPPRODUCTS
POLYURETHANEFOAM
TOXIC FLAME RETARDANT
Draft Regulatory Product-Chemical Combo #3:CHEMICAL: Unreacted Diisocyanates (incl. MDI, HDI, TDI)PRODUCTS: Spray Polyurethane Foam Systems for building insulation, weatherizing, roofingFUNCTION: Polymer Building Block
Primary Hazards: Leading cause of occupational asthma, sensitizer, irritant
Who is at risk: Workers, do-it-yourselfers, residents
Exposure pathways: Inhalation or skin contact from spray/vapor upon application and from dust
Safer alternatives: Alternative insulation, caulking products (for sealing).
Main Source: DTSC Fact Sheet
SPRAY BUILDINGINSULATION
POLYURETHANEFOAM
TOXIC POLYMERBUILDINGBLOCK
Compliance Requirements for Finalized Priority Product-Chemical Combinations
ELIMINATE THE PRODUCT
ELIMINATE THE CHEMICAL (W/OUT
SUBSTITUTION)
SUBSTITUTE THE CHEMICAL
HAZARDS
EXPOSURE POTENTIAL
ECONOMICS
MATERIALS/ LIFE CYCLE
PERFORMANCE
Conduct Alternatives
Analysis
Select Preferred Strategy
Create Implementation
Work Plan
ALTERNATIVES ANALYSISNOT REQUIRED:
Submit Documentation
to DTSC
• Power to Influence the Market & Prohibit Sale
• Power to Require R&D from Industry
• Power to Request Information– New info may be basis for future
regulatory action
• Power to Restrict Product/Use
• Power of Publication to Consumers
DTSC’s Carrots and Sticks
Markets are responding to regulatory and consumer pressure.e.g. May 9, 2014 Newsfeed: “Hybrid Coating Technologies Inc. is pleased to announce that it is entering the $35B insulation market. Hybrid is in the process of developing spray foam insulation based on its non isocyanate platform technology.” --GlobeNewswire
Many other agencies offering guidance, data and support.e.g. EPA releases Draft Report (June 2014), “Flame Retardants Used in Flexible Polyurethane Foam - An Alternatives Assessment Update:”http://www.epa.gov/dfe/pubs/projects/flameret/ffr-update-complete.pdf
Alternatives analyses are becoming more common in the marketplace.Companies are increasingly looking for opportunities to work individually or collaboratively across the distribution chain to avoid regrettable substitutions by comprehensively analyzing alternative strategies for greening their products.
Parting Thoughts
Questions?
Joanna Malaczynski, JD / MLA-EPjoanna@ecovaluate.com
www.ecovaluate.com
CA Safer Consumer Products Web Portal: http://www.dtsc.ca.gov/SCP/index.cfm
Special thanks to Karl Palmer, Pollution Prevention Performance Manager, DTSC