
Assembly Bill 1879 (2008) - required DTSC to adopt regulations establishing a process to:
1.
Identify and prioritize chemicals in consumer products with potential to cause adverse public health or environmental impacts
2.
Evaluate safer alternatives

Shared vision - a science-based process to drive markets toward safer products

DTSC’s interpretation – manufacturers should ask: “is it necessary?”
2

(Product-Chemical
Combinations)
Alternatives
Analysis
Alternatives
Selection
3


Anyone may petition DTSC to add / remove a chemical, chemical list, or product

High priority for petitions by federal and
California regulatory programs

5


Manageable universe of substances for prioritization

List of lists approach minimizes surprises and facilitates stakeholder acceptance

Sends immediate signals to the marketplace

Deters regrettable substitutions
6

7


Proposed list of 3 product-chemical combinations released March 13, 2014: o Spray Polyurethane Foam (SPF) Systems containing unreacted diisocyanates o Children’s Foam Padded Sleeping Products containing
Tris (1,3-dicloro-2-propyl) phosphate (TDCPP) o 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.
8

9





10


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)
11

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
12

A.
Product function/ performance
B.
Useful life
C.
Materials/resource consumption
D.
Water conservation
E.
Water quality impacts
F.
Air emissions
G.
Product use, transportation, energy inputs
H.
Energy efficiency
I.
Greenhouse gas emissions
J.
Waste and end-of-life disposal
K.
Public health impacts: sensitive sub-populations
L.
Environmental impacts
M.
Economic impacts
DTSC required to issue AA guidance before adopting first list of Priority Products
13

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
14


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
15


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
16

Initial
Candidate
Chemicals
-
September
26, 2013
First proposed
Priority
Products –
March 13,
2014
Adoption of first priority products –
Q2-Q3
2015
PP notification due –
Q3-Q4
2015
Preliminary
AA report due –
Q1-Q2
2016
Final AA report due
–
Q1-Q2
2017
Regulatory response unknown
17


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
18