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Department of Toxic Substances ControlSafer Consumer Products Program
June 14, 2017
Dawn Koepke John UlrichMcHugh, Koepke & Associates Government Relations Chemical Industry Council of California
Chair – Green Chemistry Alliance Past Co-Chair – Green Chemistry Alliance
• Alliance of Automobile Manufacturers• American Apparel & Footwear Association• American Chemistry Council• California Aerospace Technology Assoc.• California Chamber of Commerce• California Grocers Association• California League of Food Processors• California Manufacturers & Technology Assoc• California Restaurant Association• California Retailers Association
• Chemical Industry Council of California• Consumer Specialty Products Association• Grocery Manufacturers Association• Industrial Environmental Association• Personal Care Products Council• Soap & Detergent Association• TechAmerica• Toy Industry Association• Western Plant Health Association• Western States Petroleum Association
171 individual companies and 71 state, national, and international business trade associations
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SCP
PROGRAM
ROOTS
“Green Chemistry is the chemistry field’s response to creating a sustainable future”
“Life cycle thinking is essential to both green chemistry and green engineering”
“All of these terms have been incorporated into the broader, global commitment to
sustainability and sustainable development.”
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Governor’s Green Chemistry Initiativein the News – September 29, 2008
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"This bi-partisan package of environmental legislation propels California to the forefront of
the nation and the world with the most comprehensive Green Chemistry program ever
established. It also puts an end to the less effective "chemical-by-chemical" bans of the
past. With these two bills, we will stop looking at toxics as an inevitable bi-product of industrial
production. Instead they will be something that can be removed from every product in the
design stage - protecting people's health and our environment."
– Governor Arnold Schwarzenegger, Bill Signing* Ceremony, 9/ 29 /2008
* AB 1879 (Feuer) – “Quest for Safer Products” & SB 509 (Simitian) – “Online Toxics Information Clearinghouse”
Foundation of Safer Consumer Products Program
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Safer Consumer Products Regulation Development
Involved State Government & Stakeholders
Governor’s Office & Senior Advisors, CalEPA, Legislature
Green Ribbon Science Panel
NGOs – Californians for a Healthy and Green Economy (CHΔNGE), Sierra Club, Environment California, Breast Cancer Fund, EWG, Clean Water Action, others.
Green Chemistry Alliance (GCA)
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Principle Points of Emphasis re: SCP Regulation• Legislation and subsequent regulation avoids legislative chemical-by-chemical bans and
potential for regrettable substitutes.
• Legislation rests technical decision making in the hands of qualified scientists and engineers.
• Establishes a defined regulatory process based upon chemical hazard and exposure.
• Regulatory development was arduous, spanning 2 Governors, 4 Legislatures, 3 DTSC Directors, and multiple DTSC regulatory drafting teams during the course of 10 iterations.
• Final SCP regulations are extremely broad in scope and complex in implementation.
• Final all-encompassing regulations vigorously embraced by the NGO Community.
• Final SCP regulations cautiously endorsed by Business Community due to science-based approach and commitment to Green Chemistry and Sustainability concepts.
• GCA voiced concerns over DTSC’s ability to manage expectations in light of the complexities.
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Safer Consumer Products
Regulation
Effective date*10/01/2013
* 5 years & 2 days after bill signing
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Key regulatory factors to understand
Consumer Product • ‘Anything and everything,’ except statutory exemptions (food, prescription drugs, dental amalgam)
Chemical/Product Prioritization• Narrative process considering chemical hazard plus exposure
Candidate Chemicals• list of list approach of roughly 1,200 chemicals w/ smaller focused initial list of ~ 238
Priority Product with a Chemical(s) of Concern• Established in accord w/ CA Administrative Procedures Act
Alternatives Analyses (AA) w/ Life Cycle Thinking• Major life cycle impacts must be taken into consideration
Regulatory Response Actions – after the AA process• No action, warnings, use restrictions, ‘End of Life’ management, R&D requirements, product ban
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What is industry doing right now?Understand Regulatory Requirements, Liabilities, & Opportunities
Proactive engagement with DTSC – Sharing information and understand regs Examining products & supply chain Look ahead to avoid regulatory burdens Proactively developing new products and reformulating existing products
April 21, 2017 -- The Clorox Company and Procter & Gamble recognized in CR Magazine's annual ‘100 Best Corporate Citizens’ list for commitments to sustainability, product improvements, and corporate responsibility goalsMay 5, 2017 -- The Clorox Company has been named a 2017 Safer Choice Partner of the Year by the U.S. Environmental Protection Agency for a second straight year in recognition of its efforts to promote the use of safer chemistry and productsJune 12, 2017 – The Dow Chemical Company presented with 2017 [U.S. EPA] Green Chemistry Challenge Award for developing a thermal printing paper that eliminates the need for bisphenol A (BPA) or bisphenol S (BPS) to create an image.
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During the 22 years of the EPA program• Received more than 1600 nominations and • Presented awards to 114 technologies• Spur economic growth, reduce costs, and decrease waste.
The agency estimates winning technologies are responsible for• Annually reducing use/generation > 826 million lbs. of hazardous chemicals,• Saving 21 billion gallons of water, and• Eliminating 7.8 billion lbs. of carbon dioxide equivalent releases to air.
Think About It ! – In terms of Cumulative Program Success - How much additional Environmental Benefit resulted from the efforts of the
1,486 award nominees who were not selected for the award?
EPA Honors Winners of the 2017 Green Chemistry Challenge Awards
Monday, June 12, 2017
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Concluding Take-Aways
• DTSC is thus far implementing the SCP in accordance with the regulation. Despite this fact some differ w/ DTSC regarding technical rationale regarding priority selections.
• DTSC is the appropriate regulatory host venue for this program. SCP goes hand-in-hand with Green Chemistry Implementation, Pollution Prevention, & Sustainable Development.
• Legislative initiatives, which would circumvent or short circuit scientific evaluation and the effort to avoid regrettable substitutes, must be discouraged. The credibility and success of the SCP program depends primarily on good science-based evaluation.
• DTSC must be allowed to fully implement the SCP program as designed – Appropriate performance metrics must be established /documented. While outside the scope of regulation, real market effects prompted by SCP are particularly hard to quantify, but should be tracked
• DTSC must learn from experience - make incremental adjustments - continuously improve.
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Questions?
Dawn Koepke John UlrichMcHugh, Koepke & Associates Government Relations Chemical Industry Council of California
Chair – Green Chemistry Alliance Past Co-Chair – Green Chemistry Alliance
