by Bart King
November 4, 2011—California regulators are taking another shot at creating “green chemistry” rules to protect consumers from toxic substances as ordered by a 2008 state law.
The state Department of Toxic Substances Control (DTSC) on Monday released an informal rewrite of draft rules that first appeared in the summer of 2010. The earlier draft was withdrawn after receiving intense criticism from industry and consumer watchdog groups.
The new draft appears to be stronger in that it expands the number of so-called chemicals of concern from 800 to roughly 3,000; expands compliance requirements to importers and product designers (not just manufacturers); and significantly lowers the minimum acceptable levels for some particularly hazardous chemicals in consumer products.
The new draft also contains concessions for industry concerns, by applying the new regulations to a very limited number of product groups for the first several years. DTSC has yet to choose the two to five types of products that will be affected but said it will likely focus on products designed for infants and the elderly.
UC Berkeley scientist Michael Wilson, a member of the state’s Green Ribbon Science Panel and an open critic of the 2010 draft, told the San Francisco Chronicle he is impressed by the scope of the new regulation, which “appears sound and scientifically based.”
Debbie Raphael, the new director of the DTSC said the goal of new regulations is to encourage companies to replace dangerous chemicals in their products with safer alternatives, or provide consumer warnings and safeguards.
DTSC hopes to have a formal draft finished in the first quarter of 2012, and final regulations could be in place as early as next fall.
At the federal level, there is a growing interest in updating the Toxic Substances Control Act (TSCA), which is widely viewed as outdated after going unchanged for more than 30 years. In addition, EPA chief Lisa Jackson has made the review of toxic substances an agency priority, but the agency is already stretched thin by budget and political issues and Congress is unlikely to pass any new regulations on businesses in the near future. If California creates a successful green chemical regulatory system, it will set a precedent for the whole country and continue to lead in consumer protection.