Tag Archive for: Green Chemistry Regulation

Verdant Proudly Sponsors Prop.65 Clearinghouse's Green Chemistry Conference

Green Chemistry:

Verdant is pleased to announce its sponsorship of the Prop.65 Clearinghouse Green Chemistry Annual Conference.  This year’s conference will be held on Tuesday, April 9, 2013, at the The City Club of San Francisco, 155 Sansome Street.

  • Verdant attorney, Philip Moffat, will present on “REACH 2013.”
  • Verdant attorney, Catherine Lin, will present on “Supply Chain Management.”

More information about the conference is available here and an agenda is available here.   A copy of Mr. Moffat’s presentation is available here [PDF].

CIEL Report Claims Regulation Stimulates Chemical Innovation

Chemical Regulation/Innovation:

Earlier this month, the Center for International Environmental Law (CIEL) released its report, Driving Innovation: How stronger laws help bring safer chemicals to market.  In the report, CIEL offers research showing that stronger laws foster innovation by large and small companies alike.  Among other things,CIEL cites the number of patents for alternative chemicals filed every time there’s new chemical regulation. CIEL is located in Washington, D.C. and Geneva, Switzerland.  More information about CIEL is available here.

Forbes magazine recently published an article on this same topic, citing the CIEL report among other sources.  That article is available here.

What do others think of this conclusion?

Upcoming Public Hearing on California's Draft Green Chemistry Regulations

California Green Chemistry Regulations:

California EPA and DTSC have announced a public meeting on the draft regulations.  The meeting will occur on Thursday, February 28, 2013 at 9:00 a.m.

See announcement embedded below.

CALIFORNIA ENVIRONMENTAL POLICY COUNCIL

NOTICE OF PUBLIC MEETING

Department of Toxic Substances Control’s

Safer Consumer Products Proposed Regulations

Need for a Multimedia Evaluation

The Secretary of the California Environmental Protection Agency (Cal/EPA) will convene a public meeting of the California Environmental Policy Council (CEPC) to consider the need for a multimedia evaluation of the Safer Consumer Products regulations proposed by the Department of Toxic Substances Control (DTSC). The public meeting will commence as follows:

Thursday, February 28, 2013 at 9:00 a.m.

2ndFloor – Sierra Hearing Room

Joe Serna, Jr. Cal/EPA Building

1001 “I” Street, Second Floor

Sacramento, California

At the public meeting, the CEPC will consider the DTSC staff report on the Need for a Multimedia Evaluation of the Safer Consumer Products Regulations. Based on the report and public comments, the CEPC will determine whether or not DTSC’s proposed regulations will have a significant adverse impact on public health or the environment.  The public comments made in this public meeting should be primarily focused on the recommendation contained in the DTSC report.

Persons interested in commenting on the DTSC Safer Consumer Products regulations must do so by sending their comments directly to DTSC as part of the rulemaking process,  by email to gcregs@dtsc.ca.gov, fax (916) 323-5542, or by mail to:

Department of Toxic Substances Control

Regulations Section

PO Box 806

Sacramento, CA 95812-0806

For further details or for a copy of the report, please visit Cal/EPA’s website at: http://www.calepa.ca.gov/Cepc/

 

 

DTSC Requests Public Comment on Another Draft of the Green Chemistry Regulations

California Green Chemistry Regulations:

The saga of California’s nascent Green Chemistry program continues. Last week, the Department of Toxic Substances Control (DTSC) released the revised text (PDF) of its proposed Safer Consumer Product Regulations. The comment period for the revisions started on January 29 and closes on February 28, 2013.

Notably, the revised rules significantly pare down the list of potential Chemicals of Concern (COCs), which are now referred to as “Candidate Chemicals,” from over 3,000 to approximately 1,200. The Candidate Chemicals  are drawn from lists of substances which exhibit one or more hazard trait. The revisions also clarify that the list of Priority Products to be regulated will be developed and updated through the Administrative Procedure Act rulemaking process.

In addition, DTSC modified the applicability of upfront exemptions for certain products, providing an exemption for products already regulated by other laws that provide comparable health and environmental protections. However, products which are manufactured, stored, or transported through California solely for use outside of the state, or used in California solely for the manufacture of non-consumer products will no longer be exempted, although these factors will be considered in the product prioritization process.

Requirements for the certification and accreditation of assessors involved in developing Alternatives Analyses (AA) have been relaxed in favor of a public review and comment process for AA reports, a choice that seems likely to increase the administrative burden and place confidential business information at greater risk. The scope of evaluating economic impacts for AA reports has also been limited to “a monetized comparison of public health and environmental costs, and costs to governmental agencies and nonprofit organizations that manage waste, oversee environmental cleanup and restoration efforts, and/or are charged with protecting natural resources, water quality, and wildlife.”

Finally, DTSC’s ability to make regulatory responses has been further refined and clarified. For example, the revised proposal requires DTSC to provide notice (with accompanying public comment period) of its proposed regulatory response determination no later than 90 days after it issues a notice of compliance or disapproval for a submitted AA report. The revised proposal also limits the agency’s ability to impose certain regulatory responses on manufacturers only, and not on retailers or importers.

More details on the revised proposed regulations, including how to submit comments and a comprehensive summary of changes from the agency’s last proposal, are available on the DTSC’s website.

DTSC Reopens Comment Period on Green Chemistry Regulations

California Green Chemistry:

On December 20, DTSC delivered everyone an early Christmas present.  The agency announced that it was re-opening the docket to accept public comments on yet another revised version of the Safer Consumer Product Alternative (SCPA) Regulations.  The agency’s announcement is embedded below.  Merry Christmas – better scratch those holiday plans and get back to work!  Surely some are asking themselves “When will this stop and the litigation begin?”

_____________________________________________________________________________________________________

30 DAY PUBLIC NOTICE AND COMMENT PERIOD

NOTICE OF PUBLIC AVAILABILITY OF POST-HEARING CHANGES

SAFER CONSUMER PRODUCT ALTERNATIVES

Department Reference Number: R-2011-02

Office of Administrative Law Notice File Number: Z-2012-0717-04

Pursuant to Government Code section 11347.1, notice is hereby given that the Department of Toxic Substances Control (DTSC) has revised the Initial Statement of Reasons (ISOR) for the Safer Consumer Product Regulations, which establish the criteria for identification and prioritization of chemicals of concern in consumer products, evaluation of their alternatives, and imposition of regulatory responses by adopting chapter 55 to division 4.5 of Title 22, California Code of Regulations, and to amend the Table of Contents. DTSC is revising the ISOR to correct: typographical, spelling, cross-referencing, punctuation and other formatting errors. In addition, DTSC has revised the ISOR to address some substantive drafting issues raised regarding the ISOR. These include, but are not limited to, making more explicit the necessity statement for each provision.

 DTSC mailed the 45-day Public Notice and made it, together with the regulations text and related materials, available for public review and comment on July 27, 2012. A public hearing was held on September 10, 2012, during which DTSC accepted 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 has now made post-hearing changes to the ISOR. DTSC is NOT proposing changes to the regulations text as part of this notice and related public comment period.

 A public comment period for the revised ISOR will commence on December 21, 2012, and close at 5 p.m. on January 22, 2013. Interested persons may submit comments regarding the revised ISOR by e-mail to gcregs@dtsc.ca.gov, by fax to (916) 323-5542, or by mail to:

Ms. Krysia Von Burg

Regulations Coordinator

Department of Toxic Substances Control

P.O. Box 806

Sacramento, CA 95812-0806

 Copies of the revised ISOR are posted to DTSC’s Internet site at: http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/index.cfm and http://www.dtsc.ca.gov/SCPRegulations.cfm and are available for public inspection between 8:00 a.m. and 5:00 p.m. at the Regulations Section located at 1001 I Street, 23rd Floor, Sacramento, California. Requests and inquiries concerning this matter may be directed to Ms. Krysia Von Burg at the address indicated above or by telephone at (916) 324-2810. Additions to the existing text are double-underlined and text deleted from the existing document is shown as strikeout.

 All comments must be received by DTSC by 5:00 P.M. on January 22, 2013, regardless of the form of transmission.

 Technical inquiries regarding the Revised Initial Statement of Reasons should be directed to Ms. Odette Madriago, Chief Deputy Director, at (916) 323-4927. However, it should be noted that oral inquiries are not part of the rulemaking record.   

30 DAY PUBLIC NOTICE AND COMMENT PERIOD 

NOTICE OF PUBLIC AVAILABILITY OF POST-HEARING CHANGES

 

SAFER CONSUMER PRODUCT ALTERNATIVES

 

Department Reference Number: R-2011-02

Office of Administrative Law Notice File Number: Z-2012-0717-04

 

 

Pursuant to Government Code section 11347.1, notice is hereby given that the Department of Toxic Substances Control (DTSC) has revised the Initial Statement of Reasons (ISOR) for the Safer Consumer Product Regulations, which establish the criteria for identification and prioritization of chemicals of concern in consumer products, evaluation of their alternatives, and imposition of regulatory responses by adopting chapter 55 to division 4.5 of Title 22, California Code of Regulations, and to amend the Table of Contents. DTSC is revising the ISOR to correct: typographical, spelling, cross-referencing, punctuation and other formatting errors. In addition, DTSC has revised the ISOR to address some substantive drafting issues raised regarding the ISOR. These include, but are not limited to, making more explicit the necessity statement for each provision.

 

DTSC mailed the 45-day Public Notice and made it, together with the regulations text and related materials, available for public review and comment on July 27, 2012. A public hearing was held on September 10, 2012, during which DTSC accepted 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 has now made post-hearing changes to the ISOR. DTSC is NOT proposing changes to the regulations text as part of this notice and related public comment period.

 

A public comment period for the revised ISOR will commence on December 21, 2012, and close at 5 p.m. on January 22, 2013. Interested persons may submit comments regarding the revised ISOR by e-mail to gcregs@dtsc.ca.gov, by fax to (916) 323-5542, or by mail to:

Ms. Krysia Von Burg

Regulations Coordinator

Department of Toxic Substances Control

P.O. Box 806

Sacramento, CA 95812-0806

 

Copies of the revised ISOR are posted to DTSC’s Internet site at: http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/index.cfm and http://www.dtsc.ca.gov/SCPRegulations.cfm and are available for public inspection between 8:00 a.m. and 5:00 p.m. at the Regulations Section located at 1001 I Street, 23rd Floor, Sacramento, California. Requests and inquiries concerning this matter may be directed to Ms. Krysia Von Burg at the address indicated above or by telephone at (916) 324-2810. Additions to the existing text are double-underlined and text deleted from the existing document is shown as strikeout.

 

All comments must be received by DTSC by 5:00 P.M. on January 22, 2013, regardless of the form of transmission.

 

Technical inquiries regarding the Revised Initial Statement of Reasons should be directed to Ms. Odette Madriago, Chief Deputy Director, at (916) 323-4927. However, it should be noted that oral inquiries are not part of the rulemaking record.  

DTSC Requests Public Comment on Scientific Peer Review of Green Chemistry Regulations

California Green Chemistry Regulations:

Yesterday, the Department of Toxic Substances Control (DTSC) notified the public that the agency is adding two external scientific peer review reports to the Safer Consumer Products rulemaking, which was published in the California Regulatory Notice Register (Z-2012-0717-04)on July 27, 2012.  A public comment period for the external scientific peer review reports will commence on November 30, 2012, and close at 5 p.m. on December 30, 2012.

According to the notice, DTSC has complied with Health and Safety Code section 57004 regarding submission of the scientific portions of the proposed safer consumer product regulations to an external scientific peer review. Documents were submitted to scientific peer reviewers through the University of California. Their written reports, which contain an evaluation of the scientific basis of the regulations, have been added to the rulemaking file.  (If truly independent and objective, these comments should make interesting reading, potentially providing ammunition for the legal challenge that seems likely.)

Comments may be submitted by e-mail to gcregs@dtsc.ca.gov, by fax to  (916) 324-1808, or by mail to:

Ms. Krysia Von Burg

Regulations Coordinator

Department of Toxic Substances Control

 P.O. Box 806

 Sacramento, CA 95812-0806

 Tel: (916) 324-2810

 Fax: (916) 324-1808

 The external scientific peer review reports are available at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/index.cfm or  http://www.dtsc.ca.gov/SCPRegulations.cfm and for public inspection between 8:00 a.m. and 5:00 p.m. at the Regulations Section located at 1001 I Street, 22nd Floor, Sacramento, California. Requests and inquiries concerning this matter may be directed to Ms. Krysia Von Burg at the address indicated above or by telephone at (916) 324-2810. If Ms. Von Burg is unavailable, please call Ms. Jacqueline Arnold at (916) 322-2004.

Inquiries regarding technical aspects of the external scientific peer review report should be directed to Mr. Jeff Wong at (916) 322-2822. If Mr. Wong is unavailable, please call Ms. Odette Madriago at (916) 323-4927. However, such oral inquiries are not part of the rulemaking record.

California DTSC Extends Comment Period for Proposed Safer Consumer Product Regulations

California Green Chemistry Regulations:

The California Department of Toxic Substances Control(DTSC) has announced a 30-day extension for the comment period on the proposed Safer Consumer Product regulations. The regulations were released on July 27.  The new deadline for submitting comments is 5 p.m. on October 11, 2012. The public hearing on September 10, 2012 will take place as scheduled.

Phil Moffat to Speak at ASC 2012 Fall Expo on California's Green Chemistry Initiative

Green Chemistry Regulation:

Verdant is pleased to announce that Philip Moffat will be speaking at the Adhesive and Sealant Council’s 2012 Fall Expo in Louisville, Kentucky.  Mr. Moffat will discuss California’s efforts to use regulation to drive “green” innovation in the chemicals and consumer products industries.  His presentation, “California’s Green Chemistry Initiative – A Legal Perspective,” will cover the history of the state’s vaunted initiative, the challenges of implementing it into regulation, the current status of the regulations, as well as their projected legal and other impacts to businesses in California, the United States, and abroad.  The Fall Expo will be held from October 21- 22 at the Louisville Marriott Downtown.  More information is available here.

California DTSC Announces Two-Day Workshop on Alternatives Assessment

Green Chemistry/Alternatives Assessment:

The California Department of Toxic Substances Control (DTSC) has announced an upcoming two-day workshop on alternatives assessment, a key component of the department’s much-anticipated Safer Consumer Product Alternatives (SCPA) Regulations.  Those regulations are in turn a key component of the state’s vaunted Green Chemistry Initiative.  The timing of this announcement suggests that DTSC will soon release the official draft of the SCPA Regulations.  The workshop will be held in Chatsworth, California from June 4 -5, 2012. Registration information and other details are set out below.

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Alternatives Assessment 101

What: Two-Day Training

When: June 4-5, 2012

Where: Chatsworth, CA

California’s Safer Consumer Products draft regulation requires alternative assessments for certain priority chemicals and products. Would you like to know more about alternatives assessment?

 

 

If you have not performed an alternatives assessment-

 

 

This training is for you! Gain practical, hands-on experience and insights.

 

If you have already conducted alternatives assessments-

 

 

Strengthen your understanding, exchange experiences, and learn from your peers through this two day training from specialists in alternatives assessments.

This two day training from the University of Massachusetts (UM) is in partnership with California’s Department of Toxic Substances Control (DTSC). Participants will be introduced to the process of assessing safer alternatives for chemicals and products through sharing experiences with researchers from UM’s Toxics Use Reduction Institute (TURI) and the Lowell Center for Sustainable Production. DTSC staff will lead a discussion on the role of alternatives assessment in California’s draft Safer Consumer Products Regulation.

 

 

 

Visit for more information and to register:

http://sustainableproduction.org/proj.summerinstitute.overview.php

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DTSC Delay of Official Draft SCPA Regulation Is Too Coincidental

Green Chemistry Regulations:

As of Friday, stakeholders have reason to doubt the assertions of good faith by the Department of Toxic Substances Control (DTSC).  As readers will undoubtedly know, DTSC has made a concerted effort to reassure stakeholders that it’s operating in good faith – protecting the interests of all stakeholders – when drafting the Safer Consumer Product Alternatives (SCPA) Regulation.  There are YouTube videos and Facebook feeds, and many public meetings have been held.  That facade crumbled Friday.

Last week, DTSC made known that it was deferring until April publication of the official draft of the SCPA Regulation.  The regulation had been scheduled for publication this month, launching the formal rulemaking process.  The delay in itself wasn’t necessarily bad; DTSC could have needed time to refine the regulation in response to the hundreds of pages of public comments it received on the last informal draft. 

On Friday, however, Director Raphael’s confirmation hearing was scheduled for — you guessed it — this month, March 28 to be exact.  Surprise!  So, gone is the opportunity for questioning on the official draft.  No one at the hearing will know – except DTSC staff and other insiders – what the formal draft looks like.  One has to ask:  Why the secrecy?  Why the avoidance?

Delaying publication until after the DTSC Director’s confirmation hearing arguably signals a lack of good faith.  The timing in no way appears coincidental.  One would be justified in expecting the impending draft to be quite controversial.  Whose ox is getting gored is anyone’s guess, although suspicions abound given the deaf ear DTSC has recently turned to a number of industry’s legitimate concerns (e.g., hazard identification, de  minimis thresholds).

Stay tuned for more posts on this impending and important regulatory development.