EPA Seeks Input on Expansion of the Safer Choice and Design for the Environment Programs

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EPA recently solicited public comment on its proposed expansion of the Agency’s Safer Choice and Design for the Environment programs. The expansion would include certification of additional product categories; the programs are currently limited to cleaners and disinfectants. Participation in the programs by manufacturers is voluntary. The programs help consumers and businesses acquire products that meet strict criteria for effects on human health and the environment; products certified by the programs do not present a risk of harm to human health or the environment.

The proposed expansion comes as a result of increasing consumer interest in the chemicals used in products and consumers’ desire to make informed purchasing decisions. During the comment period, the Agency seeks input on which new product categories it should add to these programs and how adding these products will benefit the health of humans and the environment. All products in any category that is added will be subject to the human health and environmental toxicology criteria detailed in the Safer Choice Standard. No product containing intentionally added PFAS can be approved for either program.

Petition to Remove Polyvinyl from EPA’s Safer Choice and Safer Chemical Ingredients List

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On November 15, 2022, BlueLand and Plastic Pollution Coalition filed a petition with EPA on behalf of itself and numerous non-profit organizations fighting plastic pollution and climate change, requesting that EPA require health and environmental testing and regulation of polyvinyl alcohol under TSCA, and that the substance be removed from EPA’s Safer Choice and Safer Chemical Ingredients lists. TSCA section 21 permits any person to petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule or order under TSCA section 4 (rules or order requiring chemical testing), section 5(d) or (f) (orders affecting new chemical substances) section 6 (rules imposing regulatory controls on chemicals), and section 8 (rules requiring information).

Polyvinyl alcohol, also referred to as PVA or PVOH, is commonly used in consumer-packaged goods, including laundry and dishwasher detergent pods and sheets. PVA is a petroleum-based polymer that serves as the thin layer of plastic film on these pods. The film dissolves in the water during a washing machine or dishwasher cycle. However, the PVA itself does not; tiny pieces of plastic debris called microplastics are contained in the wastewater.

Microplastics are suspected of contributing to plastic pollution in oceans and waterways. A recent study detailed in Degradation of Polyvinyl Alcohol in US Wastewater Treatment Plants and Subsequent Nationwide Emission Estimate stated that approximately 75 % of PVA from these pods persists through conventional wastewater treatment, ultimately ending up in waterways and ecosystems. Additionally, microplastics have been found in human food and water sources, the human bloodstream, and human breast milk.

The petition argues that under TSCA (15 U.S.C 2603), EPA has the authority to and should require extensive health and environmental safety testing of PVA once it is released into ecosystems and waterways. The petition also requests that PVA be removed from EPA’s Safer Chemicals Ingredient List developed by EPA’s Safer Choice Program; the list arranges chemicals by functional-use class to help manufacturers find safer chemical alternatives than traditional chemicals that meet the criteria of the Safer Choice Program. The petition argues that based on PVA’s bioaccumulative and persistence qualities, when applied to the Safer Choice Program’s guidance on polymers, PVA does not meet the requirements to be listed.

EPA replaces Design for the Environment with new “Safer Choice” label.

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Today, EPA unveiled its new “Safer Choice” label, which replaces the Design for the Environment (DfE) label for cleaning and other chemical products that meet the agency’s standards for safer chemical ingredients. The new label underscores the program’s focus on human health and environmental safety standards with the hope of making it easier for families to choose safer products for families. EPA Administrator Gina McCarthy even appears with her dog in a short YouTube video to emphasize that children and pets are more vulnerable to chemicals.

The new “Safer Choice” label has different versions for products used in homes and for those used in office buildings, schools, and other institutions.

Speaking at a conference in Baltimore yesterday, Wendy Cleland-Hamnett, director of EPA’s Office of Pollution Prevention and Toxics, said the agency consulted with the Federal Trade Commission (FTC) in developing in the new logo to ensure that it would comply with the FTC’s Green Guides on environmental marketing claims.

EPA also introduced a new label to substantiate fragrance-free claims in Safer Choice products. The revised “Safer Choice Standard” [PDF] specifies changes related to the new fragrance-free standard. Products that qualify for the Safer Choice label are eligible for the additional fragrance-free certification and label if no fragrance materials are in the product ingredients.

In addition, the agency announced that it “is aligning across product types the requirements applied to labeled products that contain sensitizers that exceed the de minimis level (0.01%) in the end-use product.” All Safer Choice products, not just consumer products, will now be required to disclose on the label if fragrance materials that are skin sensitizers are present above the de minimis level. Manufacturers of such products will also be required to provide EPA with information that the sensitizing ingredients are:

  • critical to the fragrance essence or product identity;
  • otherwise in compliance with the fragrances criteria;
  • the subject of good faith explorations of alternatives; and
  • subject to a monitoring system that would alert the Agency if a user reports any adverse effects from the product.

The new label does not change other aspects of the DfE program, such as safer chemical criteria.

On the agency’s blog, Administrator McCarthy wrote that producers and retailers including Clorox, Walmart, and Wegmans are on board to start putting products with the new label on shelves this year.