Californias SCP Californias SCP Implementation Update - PowerPoint PPT Presentation

California’s SCP California’s SCP Implementation Update Implementation Update Bob Boughton Safer Consumer Products Branch Safer Consumer Products and Work Places Program California Department of Toxic Substances Control Safer Consumer Products Summit September 18, 2013 http: / / www.ci.berkeley.ca.us/ ContentPrint.aspx?id= 11244

Adoption of Regulations Effective Date = > October 1 , 2 0 1 3 w w w .dtsc.ca.gov/ SCPRegulations.cfm Additional inform ation: • Statem ent of Reasons • Response to com m ents • Background, GRSP, hearings, etc. 2

Goal California’s Safer Consumer Products regulation creates a predictable process for reducing toxic ingredients in consumer products. It requires manufacturers of products containing chemicals of concern to ask, “Is this ingredient necessary? Is there a safer alternative? Is that alternative feasible?” 3

How I t W orks: The SCP Regulations Candidate •Hazard traits Chemicals •Existing authoritative lists Chemicals •Exposures – other reliable information List Products Priority •Potential exposures to CCs in product Products (Product ‐ Chemical List Combinations) Alternatives •Removal / replacement notification options Alternatives Analysis •Alternatives analysis process, reports Selection Regulatory Responses DTSC

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How I t W orks: The SCP Regulations • OEHHA hazard traits • Initial list – existing authoritative lists Candidate • Additions to the list – Chemicals • Adverse public health & environmental impacts Chemicals • Sensitive subpopulations & environmental receptors • Widespread adverse impacts List • Structurally / mechanistically similar chemicals • Exposures – biological/environmental monitoring • Exposures – other reliable information Products Priority Products (Product ‐ Chemical List Combinations) Alternatives Alternatives Analysis Selection Regulatory Responses DTSC

Key Prioritization Principles For each listed Priority Product there must be:  Potential exposure(s) AND  Potential for significant or widespread adverse impacts 9

Prioritization Factors  Adverse Impacts and Exposures  CC properties, traits, env/tox endpoints  Potential human/enviro adverse impacts  Impact on sensitive subpopulations, endangered/threatened species, impaired environments  Market presence of product  Potential exposures to the product  Exposure in households, workplaces and throughout product’s life cycle  Adverse Waste and End-of-Life Effects  Availability of Information  Other Regulatory Programs  Alternative availability and feasibility 10

Initial Priority Products List  ~230 Candidate Chemicals  No more than 5 products  Proposed list – 180 days 11

Priority Product Work Plans 3-year work plans (1 st in 1 year)  Consider all ~1200 Chemicals  Forecast product categories to be evaluated during the next 3-year cycle  Public workshops prior to adoption of each work plan 12

Chemicals & Products Petition Process  Anyone may petition DTSC to add / remove a chemical, chemical list, or product  High priority for petitions by federal and California regulatory programs 13

How I t W orks: The SCP Regulations • OEHHA hazard traits • Initial list – existing authoritative lists Candidate • Additions to the list – Chemicals • Adverse public health & environmental impacts Chemicals • Sensitive subpopulations & environmental receptors • Widespread adverse impacts List • Structurally / mechanistically similar chemicals • Exposures – biological/environmental monitoring • Exposures – other reliable information • CCs’ adverse impacts Products • Potential exposures to CCs in product Priority • Adverse waste and end ‐ of ‐ life effects Products • Available reliable information (Product ‐ Chemical List • Other regulatory programs Combinations) • Available safer alternatives Alternatives Alternatives Analysis Selection Regulatory Responses DTSC

Responsibility for Com pliance One The Manufacturer Two The U.S. who makes the Importer product or who controls the Three of the product Retailers manufacturing process or has the who sell the capacity to specify product in the chemicals in the California product Assemblers of products containing Priority Product components Products…sold, offered for May opt-out by ceasing sale, supplied, distributed, or m anufactured in California. to order Priority Product

Priority product notifications Notification options in lieu of AA –  CoC free,  CoC removal,  product removal,  replacement with existing alternative, or  alternatives analysis threshold exemption 16

Alternatives Analysis Phased process  notification  preliminary report  final report 17

What is AA? Alternatives analysis is a scientific method for identifying, comparing and evaluating competing courses of action. In the case of chemical regulation, it is used to determine the relative safety and viability of potential substitutes for existing products or processes that use hazardous chemicals. Alternatives may include drop-in chemical substitutes, material substitutes, changes to manufacturing operations, and changes to component/product design. The methodology compares the alternatives to the regulated product and to one another across a variety of attributes, typically including public health impacts, environmental effects, technical performance and economic impacts on the manufacturer and the consumer. It can identify trade-offs between the alternatives and, if desired, generate an evaluation of the relative overall performance of the original product and its alternatives. 18

Alternatives Analyses --the point--  Goal - to reduce the chances of regretful substitution and unintended consequences  How - inform decision makers with a comprehensive study of relevant impact differences between alternatives and the original  Why - market share, brand image - externalized impacts = social costs 19

First Stage of Alternatives Analyses • Function, performance, standards & legal requirements I D Product • Function of Chemical of Concern Rqm ts • Is the chemical necessary? • Is replacement chemical necessary? • Meet product requirements • Reduce / eliminate CC I D* Alternatives • Reduce / eliminate exposure • Look at existing alternatives • Determine relevant adverse Screening impacts Alternative • Compare chemical alternatives Chem icals • Eliminate replacements with greater adverse impacts • Prelim inary * should ID chemical AA report Next Steps substitutions AND other • 180 days alternatives. • Work plan for 2 nd AA Stage 20

Second Stage of Alternatives Analysis • In conjunction with exposure Step 1 – I D pathways & lifecycle phases Relevant • Quantitative / qualitative Com parison analysis Factors • Available information • Quantitative / qualitative analysis Step 2 – • Relevant factors Com pare Priority • exposure pathways Product & Alternatives • life cycle segments • Available information • Final AA Step 3 – Report Alternatives • 1 year Selection • Reason & Decision justification for decision 21

Guidance Developm ent  Prelim Stage Draft Guide- available for public com m ent next w inter – w orkshops  Second Phase Draft- available for public com m ent next sum m er  Anticipated Final Guide circa Decem ber 2 0 1 4 22

Approach Rigorous AA evaluations scientifically assess the presence or release of harmful substances through production, use, and end-of- life phases, as well as account for impacts to a variety of media and endpoints. Identify burden shifting of an environmental impact from one stage in a product chain to another, from one hazard endpoint to another, from one impact category to another, between impacts and resource efficiency, between media or between countries or different times, etc. Making the data sources, assumptions made and decision-making methods transparent and well documented is fundamental to completion of a quality AA. 23

Purpose of the guidance The purpose of this document is to provide useful methods and tools to assist responsible entities in fulfilling the requirements of Alternatives Analysis. Overall, the intention is to equip users with the background they need to effectively integrate life cycle thinking and safer design into product development processes. Here, Life Cycle Thinking (LCT) takes into consideration all relevant environmental interactions associated with a product from a process chain perspective. This is in contrast to focusing only on site-level impacts (i.e., manufacturing facility environmental foot-print) or on single environmental impacts (such as carbon foot-print). 24

W hen is it good enough? Effort should lead to being able to discrim inate betw een alternatives and the base product, and to justify conclusions = inform ed com parison Decision m aking; relative to corporate value system - com panies m ake decisions now … so tell us how you did it.