Did California regulators overstep their limits? The governor is asking questions about a regulation that hamstrung industry in the state.

At the request of California Gov. Jerry Brown (D), the state Department of Toxic Substances Control (DTSC) withdrew its Oct. 31, 2011, informal draft Safer Consumer Products regulations, as well as a revised formal draft scheduled for release in April. Brown reportedly had concerns regarding the scope of the regulations, the treatment of confidential business information, and duplication of existing federal and state regulations. Brown asked DTSC to issue new informal draft regulations for a limited one-week comment period. The revised informal draft regulations, dated May 18, 2012, are available online.

  The DTSC has not posted the revised informal draft regulations on its website or announced the comment period. We understand that DTSC provided copies of the regulations to the Green Chemistry Alliance (GCA) and Californians for a Healthy & Green Economy (CHANGE), as well as select legislative staff. DTSC intends GCA and CHANGE to serve as repositories for comments from their individual constituents. While DTSC will not reject comments from other individual commenters, it may not closely examine or respond to them.

  Brown asked DTSC to aim to promulgate formal draft regulations in June 2012, at which time a 45-day comment period would begin. More information on previous drafts of DTSC's Safer Consumer Products regulations is available online.