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