The Green Chemistry Clearinghouse Conference held on September 16, 2014, in San Francisco included several interesting panels discussing topics including California Safer Consumer Products Regulations' (SCPR) recently released Work Plan, the future of Toxic Substances Control Act (TSCA) reform, and the increasing push by retailers to require information from the supply chain.

Jim Jones, EPA's Assistant Administrator at the Office of Chemical Safety and Pollution Prevention (OCSPP), spoke regarding several EPA activities under TSCA, including but not limited to the schedule for risk assessments of Work Plan chemicals, the recently released proposal to redesign EPA's Design for the Environment (DfE) label, and the ChemView database providing access to health and safety data on chemicals regulated under TSCA. Jones stated EPA will be revising its list of Work Plan chemicals based on recent data indicating that production volumes of certain chemicals have decreased sufficiently to warrant EPA removing these substances for risk assessment and instead selecting other substances.

There also was discussion about another draft bill to reform TSCA to be released shortly, perhaps even this week, that many are hopeful will bridge the gaps in sections of prior bills that have been particularly contentious, including but not limited to the scope of preemption. As discussed at the Conference, the new legislation rumored to be under consideration in the Senate may have significant bipartisan sponsors. This would not increase any likelihood of action this year (zero), but definitely will put an important marker down for the starting point of future attempts to craft a bipartisan bill in 2015. According to trade press reports, last ditch efforts to draft a bipartisan bill cratered in the Senate Wednesday night. Certain environmental groups, specifically the Environmental Working Group, were reported to reject the revised measure claiming it was no better than current law. Whether the bipartisan group intends to surface a Senate bill without Senator Barbara Boxer's (D-CA) support remains to be seen.

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On September 12, 2014, the California Department of Toxic Substances Control (DTSC) released its much anticipated draft Initial Priority Product Work Plan under SCPR. The Regulations require that DTSC, by October 2014, develop an Initial Priority Product Work Plan that describes product categories it will use to evaluate and identify product-chemical combinations to be added to the Priority Products. The Work Plan is available online and more detailed memoranda from BRAG affiliate Bergeson & Campbell, P.C. (B&C®) about the Regulations and the Work Plan are available online.

DTSC is seeking comments on its Work Plan, which can be submitted using the California Safer Products Information Management System (CalSAFER) until October 13, 2014. DTSC also is holding two workshops, one in Sacramento on September 25, 2014, and one in Cypress on September 29, 2014.

BRAG's full memorandum on the draft Initial Priority Product Work Plan and the seven Priority Products Categories identified is available online. The Work Plan will be discussed in detail at the upcoming 5th Annual Safer Consumer Products Summit -- more information below.
 

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With the draft initial Priority Product Work Plan now released, it is important for manufacturers, importers, and retailers of consumer products in the categories listed by DTSC in the Work Plan to understand and address any issues. The upcoming Safer Consumer Products Summit, of which BRAG is a proud sponsor, will bring together DTSC staff, brand owners, chemical companies, and industry associations to discuss these developments in sessions including:

* "Strategies and Tactics in Response to Initial Priority Products and Work Plan for Future Priority Products"

* "Alternatives Assessments: Where Are We?" -- an interactive roundtable on approaches

* "Managing the Chemical Data, Confidentiality and Trade Secret Challenge"

* "Supply Chain Transformation in Response to Chemical and Safer Products Regulations"

The one and one-half-day summit will feature federal and state decision makers including Meredith Williams, Deputy Director, Safer Products and Workplaces Program, California DTSC; Bob Boughton, Senior Hazardous Substances Engineer, Safer Consumer Products Program, California DTSC; John Katz, Pollution Prevention Coordinator, Region 9, EPA; Alex Stone, Senior Chemist, Washington State Department of Ecology; and Kerry Malinowski, Manager, Safer Chemicals in Children's Products Program, Maine Department of Environmental Protection, as well as major brand owners, chemical companies, and consumer industry associations. The Summit Chair is Lynn L. Bergeson, Managing Partner of B&C, and Of Counsel with BRAG.

BRAG members and friends are eligible for a 15 percent discount on registration for the Safer Consumer Products Summit by using discount code: 141611. For more information and registration details click here.
 

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