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The California Department of Toxic Substances Control (CDTSC) has released its proposed regulations for safer consumer product alternatives. Under the proposed regulations, the CDTSC would create a list of chemicals that it deems toxic and believes could harm people or the environment. The CDTSC would prioritize products containing those chemicals based upon such factors as the volume in commerce, the extent of public exposure, and how the product is eventually disposed. Manufacturers of those products would be required to perform an “alternatives assessment” to determine if a viable safer alternative is available. The CDTSC will hold a public hearing on Nov. 1, 2010, and comments on the proposed regulations are due Nov. 1, 2010, as well. The CDTSC intends to complete the formal process to adopt the proposed regulations by the end of 2010. Click here to read additional information.
The CDTSC released a draft proposed regulation on June 23, 2010, and received comments from more than 90 stakeholders, legislators and the public. According to the CDTSC, the comments contained “widespread support for pursuing the basic principles of the Green Chemistry Initiative,” and focused on a few remaining issues. In considering comments and potential changes to the June 23, 2010, draft regulations, the CDTSC stated that it had consulted scientists, alternative assessment professionals, and life cycle analyses practitioners in academia, industry, and private consulting firms. The proposed regulations, which the CDTSC has submitted to California’s Office of Administrative Law, include changes made as a result of that consultation. According to the CDTSC, the changes:
The proposed regulations include the following timelines:
- The proposed initial list of Chemicals under Consideration shall be issued for public review and comment no later than June 1, 2011;
- The final initial list of Chemicals under Consideration shall be issued no later than March 1, 2012;
- The proposed initial list of Priority Chemicals shall be issued for public review and comment no later than July 1, 2012;
- The proposed initial list of Products under Consideration shall be issued for public review and comment no later than March 1, 2013;
- The proposed initial list of Priority Products shall be issued for public review and comment no later than Sept. 1, 2013; and
- The final initial list of Priority Products shall be issued no later than Dec. 1, 2013.
- Chemicals that are carcinogens or reproductive toxins, or both;
- Chemicals that are listed as having mutagenic properties in the European Union Category 1A or 1B under Annex VI, part 3 of the Regulation; or
- Chemicals that have been determined by the United States EPA to be persistent bioaccumulative toxic chemicals.