California Green Chemistry Proposed Regulations Revised Yet Again

On January 28, 2013, the California Department of Toxic Substances Control (DTSC) issued further revisions to its proposed Safer Consumer Product Alternatives regulations, more commonly referred to as the "Green Chemistry" regulations.  This is one of a number of revisions DTSC has made to get the Green Chemistry program off the ground. 

Consistent throughout the process, the basic four-step structure of the regulations remains unchanged: 

1. Identification of Chemicals of Concern,
2. Development of a Priority Products list for which Alternatives Analyses must be conducted,
3. Performance of an Alternatives Analysis for each Priority Product by manufacturers, importers, or retailers, and
4. DTSC's "regulatory responses" following the Alternatives Analysis, which, at their most extreme, may result in prohibiting the sale of the product in California.

The 30-day public comment period on this latest revision ends on February 28, 2013.

  

Upcoming:  Josh Bloom, a Barg Coffin partner and Chair of the Bar Association of San Francisco's Environmental Law Section, will be moderating and speaking at the Bar's May 2, 2013 Green Chemistry Program, featuring Debbie Raphael, Director of DTSC.  The program will run from 5:30pm-7:30pm, at One Embarcadero Center, 18th Floor, San Francisco, at the offices of Nixon Peabody.  Further details and registration materials forthcoming, but feel free contact Barg Coffin for more information.

 

--Josh Bloom

 

Barg Coffin has an extensive consumer products practice, including Green Chemistry, Proposition 65, metals in jewelry, and CPSIA laws.  If you would like more information about the proposed Green Chemistry regulations, please contact Josh Bloom jab@bcltlaw.com, (415) 228-5406, or Rick Coffin rcc@bcltlaw.com, (415) 228-5420.  On the web at www.bcltlaw.com

California Green Chemistry Regulations Proposed

On July 27, the California Department of Toxic Substances Control (DTSC) issued revised proposed Safer Consumer Product Alternatives regulations, more commonly referred to as the "Green Chemistry" regulations.  This is DTSC's third attempt to get the Green Chemistry program off the ground, and is the result of an extensive informal review process. 

The basic structure of the regulations has remained consistent throughout each proposed iteration, outlined by a four-step process: 

1. Identification of Chemicals of Concern,
2. Development of a Priority Products list, for which Alternatives Analyses must be conducted,
3. Performance of an Alternatives Analysis for each Priority Product by manufacturers, importers, or retailers, and
4. DTSC's "regulatory responses" following the Alternatives Analysis, which, at its most extreme, may result in prohibiting the sale of the product in California.

The proposed Green Chemistry regulations are the most ambitious in the nation, the impacts will be far- reaching, and once implemented will likely be viewed as a model by other states.  

A public hearing is scheduled for 10:00 a.m. on September 10, 2012 at 1001 "I" Street in Sacramento, and the 45-day public comment period ends on September 11, 2012.

--Josh Bloom

Update:  The Department of Toxic Substances Control has extended the public comment period for the proposed Green Chemistry regulations, to October 11, 2012. The public hearing will proceed as initially scheduled on September 10, 2012.

Barg Coffin has an extensive consumer products practice, including Green Chemistry, Proposition 65, metals in jewelry, and CPSIA laws.  If you would like more information about the proposed Green Chemistry regulations, please contact Josh Bloom jab@bcltlaw.com, (415) 228-5406, or Rick Coffin rcc@bcltlaw.com, (415) 228-5420.  On the web at www.bcltlaw.com