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Prioritizing Chemicals of Concern in California California‘s Safer Consumer Product Regulations Joanna Malaczynski, Founder NAHMMA 2014 Northwest Hazardous.

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Presentation on theme: "Prioritizing Chemicals of Concern in California California‘s Safer Consumer Product Regulations Joanna Malaczynski, Founder NAHMMA 2014 Northwest Hazardous."— Presentation transcript:

1 Prioritizing Chemicals of Concern in California California‘s Safer Consumer Product Regulations Joanna Malaczynski, Founder NAHMMA 2014 Northwest Hazardous Materials Conference

2 Overview & Today’s Agenda California’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

3 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 Require alternatives analysis to avoid regrettable substitutions. Statutory Authority - AB 1879 (2008) and SB 509 (2008); codified in 22 CCR et seq. (2013) FIRST DRAFT REGULATORY LIST (MARCH 2014) PUBLIC COMMENT & GRACE PERIOD (NOW) DRAFT REGULATORY LIST FINALIZED (2015) ALTERNATIVES ANALYSES DUE (180+ DAYS AFTER) SECOND DRAFT REGULATORY LIST (2016) Rinse and Repeat

4 Regulatory Lists Used to Select Initial Candidate Chemicals C HEMICALS ON R EGULATORY H AZARDS L ISTS C HEMICALS ON R EGULATORY E XPOSURE P OTENTIAL L ISTS I NITIAL C ANDIDATE C HEMICALS L IST * Example List Sources ATSDR IARC** CAN PBT** CDC EC Annex IV** IRIS CA OEHHA CA EPA WA PBTs US EPA NTP * Total is 248 individual & grouped chemicals **International lists E. G. – CHEMICALS KNOWN TO CAUSE CANCER E. G. – CHEMICALS FOUND IN B IO -M ONITORING STUDIES

5 Candidate Chemicals Are Commonly Used Across Product Types and Industries H YPOTHETICAL : 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 PLASTIC COATINGS

6 A Given Product Can Have Multiple Components E ACH P RODUCT C OMPONENT C AN H AVE S EPARATE C HEMICAL I SSUES M ETAL ZIPPERS WITH RUST - PROOF COATING S YNTHETIC CANVAS WITH WATERPROOF TREATMENT P LASTIC CLIPS S YNTHETIC STRINGS WITH FRAY - PROOF COATING F OAM INSULATION FOR LAP - TOP P LASTIC L INER Image: FRUS

7 Prioritizing Candidate Chemicals for Draft Regulatory List Based on Exposure Potential U SERS, FREQUENCY OF USE, AND TYPE OF USE P OTENTIAL FOR EXPOSURE TO THE CHEMICAL FROM THE PRODUCT P OTENTIAL EXPOSURES TO THE CHEMICAL DURING THE PRODUCT ’ S LIFE CYCLE V OLUMES IN PRODUCTS AND COMMERCE Images: FRUS

8 Chemical Exposure Potential During the Product Life Cycle M ATERIALS E XTRACTION L EECHING INTO A IR / SOIL / WATER E XPOSURE TO WORKERS M ANUFACTURING M ANUFACTURING W ASTE E XPOSURE TO WORKERS P ACKAGING E XPOSURE TO C ONSUMERS E XPOSURE TO WORKERS U SE E XPOSURE TO CONSUMERS, CUSTOMERS, WORKERS D ISPOSAL /R ECYCLING L EECHING INTO A IR / SOIL / WATER E XPOSURE TO WORKERS S TORAGE & T RANSPORTATION R ISK OF SPILLS, COMBUSTION, ETC. E XPOSURE TO WORKERS

9 Industries on Regulatory Radar & Overview of Draft Regulatory List #1 P ERSONAL C ARE & C LEANING B UILDING I NDUSTRY B ABY & C HILDREN H OME F URNISHINGS C LOTHING / A CCESSORIES C ONSUMER E LECTRONICS - O N DRAFT LIST -- H AS BEEN PRESSURED RECENTLY INTO VOLUNTARY ACTION. S OLVENT IN / FOR PAINTS S PRAY F OAM I NSULATION F LAME R ETARDANT IN KIDS ’ SLEEPING PRODUCTS H AS MADE LOTS OF PROGRESS DUE TO PUBLIC PRESSURE BUT HAS LOTS MORE TO GO. “C OMPLEX DURABLE PRODUCTS ” ANTICIPATED BY REGULATIONS

10 Draft Regulatory Product-Chemical Combo #1: C HEMICAL : M ETHYLENE C HLORIDE P RODUCTS : P AINT & V ARNISH S TRIPPERS, S URFACE C LEANERS F UNCTION : S OLVENT 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 & VARNISH STRIPPERS SURFACE CLEANERS TOXIC SOLVENT

11 Draft Regulatory Product-Chemical Combo #2: C HEMICAL : TDCPP ( AKA C HLORINATED T RIS ) P RODUCTS : C HILDREN ’ S F OAM -P ADDED S LEEPING P RODUCTS F UNCTION : F LAME 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 SLEEP PRODUCTS POLYURETHANE FOAM TOXIC FLAME RETARDANT

12 Draft Regulatory Product-Chemical Combo #3: C HEMICAL : Unreacted Diisocyanates (incl. MDI, HDI, TDI) P RODUCTS : Spray Polyurethane Foam Systems for building insulation, weatherizing, roofing F UNCTION : 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 BUILDING INSULATION POLYURETHANE FOAM TOXIC POLYMER BUILDING BLOCK

13 Compliance Requirements for Finalized Priority Product-Chemical Combinations E LIMINATE THE PRODUCT E LIMINATE THE CHEMICAL ( W / OUT SUBSTITUTION ) S UBSTITUTE T HE CHEMICAL H AZARDS E XPOSURE POTENTIAL E CONOMICS M ATERIALS / L IFE C YCLE P ERFORMANCE Conduct Alternatives Analysis Select Preferred Strategy Create Implementation Work Plan ALTERNATIVES ANALYSIS NOT REQUIRED: Submit Documentation to DTSC

14 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

15 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:” 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

16 Questions? Joanna Malaczynski, JD / MLA-EP CA Safer Consumer Products Web Portal: Special thanks to Karl Palmer, Pollution Prevention Performance Manager, DTSC


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