Proposed Rules: Safer Consumer Products Regulation

Deb Hunsicker, STC Senior Analyst, Sagle, ID

The Department of Toxic Substances Control (DTSC) is in the final stages of developing regulations that would add a new chapter regarding chemicals of concern (COC) in consumer products to Division 4.5 of Title 22 of the California Code of Regulations.

Chapter 55, Safer Consumer Products, was  proposed to satisfy Health and Safety Code sections 25252 and 25253, which require DTSC to adopt regulations to establish a process to identify and evaluate COCs in consumer products; identify safer alternatives; and specify regulatory responses that may be imposed upon completion of the alternatives analysis process. This  preemptive strategy intends to reduce the use of toxic substances in the design of products and industrial processes and create safer and sustainable products that do not threaten human health or persist in the environment. The rulemaking is also designed to promote transparency by compelling chemical manufacturers to provide sufficient information for businesses, consumers, and public agencies to choose safer alternatives in consumer products. 

 The proposed rules would create a four-step process to identify safer consumer product alternatives:

• An immediate list of Chemicals of Concern (approximately 1,200) will be established based on work already done by other authoritative organizations, and the rules will specify a process for DTSC to identify additional Chemicals of Concern (COCs).
• DTSC will then evaluate and prioritize product/COC combinations to develop a list of "Priority Products" for which an alternatives analysis must be conducted. 
• Responsible entities (manufacturers, importers, and retailers) will be required to notify DTSC when their product is a Priority Product. The responsible entities for such Priority Products must perform an alternatives analysis for the product and the COC in the product to determine how best to limit exposures to, or reduce the adverse public health and environmental impacts posed by, the COCs in the product. 
• Finally, DTSC will identify and impose regulatory responses to effectively prevent or limit adverse public health and/or environmental impacts, if any, posed by the Priority Product/COC, or any adverse impacts posed by the alternative chemical/product selected to replace the Priority Product.

The regulations would apply to all consumer products that contain a COC and that are sold, offered for sale, distributed, supplied, or manufactured in California, except for the following: (1) certain products exempted by law (dangerous prescription drugs and devices; dental restorative materials; medical devices; packaging associated with dangerous prescription drugs and devices, dental restorative materials, and medical devices; food; and pesticides), (2) products used solely to manufacture a product exempted by law, and (3) products that are manufactured in, stored in, or transported through California solely for use out-of-state.

The original text of the proposed regulations was available for public review and comment on July 27, 2012. A public hearing was held on September 10, 2012, to accept written and oral testimony. In addition, written comments were accepted during the 45-day public comment period, which was extended by 30 days and ended October 11, 2012. DTSC made post-hearing changes to the proposed text, and a written comment period for these revisions to the proposed regulations closed on February 28, 2013.

Deborah Hunsicker is a Senior Analyst and regulatory specialist located in STC's northern Idaho office. She has over 20 years of experience in environmental consulting and regulatory compliance. Deb is a recognized expert in federal and state hazardous waste and hazardous materials regulatory issues. She has assisted various legal and industrial clients in developing customized environmental auditing protocols, providing ongoing regulatory monitoring services, and preparing training materials and compliance programs. Currently, she coordinates several regulatory information projects for key clients that involve tracking regulatory developments and preparing monthly summary reports of federal and state regulatory changes that may impact operations.

For more information about these or other EPA proposed rules, contact Deb at (208) 255-2780 or dhunsicker@stcenv.com.