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By Lynn L. Bergeson and Carla N. Hutton
 
On July 25, 2023, the U.S. Environmental Protection Agency (EPA) announced an opportunity for public input on the potential expansion of the Safer Choice and Design for the Environment (DfE) programs’ certification to new product categories. EPA notes in its July 27, 2023, Federal Register notice that Safer Choice “helps consumers, businesses, and purchasers find products that perform and contain ingredients that are safer for human health and the environment.” 88 Fed. Reg. 48463. DfE “is a similar program currently used by EPA for the purpose of helping consumers and commercial buyers identify antimicrobial products that meet the health and safety standards of the normal pesticide registration process required by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA),” as well as other rigorous criteria required by EPA. EPA will hold a listening session webinar on August 29, 2023, and request stakeholder comment on which new product categories Safer Choice and DfE could expand into and how the potential expansion could offer significant benefits to human health and the environment. To receive the webcast meeting link and audio teleconference information before the webinar, the notice states that stakeholders must register by 5:00 p.m. (EST) on August 28, 2023. Comments are due September 11, 2023.
 
During the listening session, EPA will present its proposed plans to expand Safer Choice and DfE certification to new product categories. According to EPA, Safer Choice and DfE certifications “would likely not expand to certify materials.” EPA states that “the availability of EPA certified products would help give consumers a choice of products that meet EPA’s high standard for human and environmental health and, as part of meeting these criteria, would not contain intentionally added per- and polyfluoroalkyl substances (PFAS).” After the presentation, there will be time for attendees to submit questions and comments. EPA states that it will respond to the questions and comments as time allows during the listening session. EPA asks for written submission of all comments after the listening session.

Background

EPA states that as part of its human health and environmental mission, the Safer Choice program partners with businesses to help consumers and commercial buyers identify products containing chemical ingredients meeting EPA’s criteria for being “safer” without sacrificing quality or performance criteria set by EPA. The Safer Choice program certifies products containing ingredients that have met the program’s criteria and allows companies to use its label on certified products that contain safer ingredients and perform, as determined by expert evaluation. EPA notes that the Safer Choice program certification “represents a high level of achievement in formulating products made with safer ingredients for people and the environment.” More information is available on the Safer Choice website.
 
EPA currently uses the DfE program to help consumers and commercial buyers identify antimicrobial products that meet the health and safety standards of the typical pesticide registration process required by FIFRA, as well as the DfE certification criteria (as described in the Safer Choice Standard). More information is available on EPA’s website


 

EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) plans to expand its Design for the Environment (DfE) Safer Chemical Ingredients List (SCIL), and invites chemical manufacturers to provide information on their safer chemicals to EPA for review and listing on the SCIL. EPA plans to expand the categories and functional classes of the SCIL. Interested companies can review EPA's "Steps to SCIL Listing" to learn more about the process.

 

 

On July 16, 2014, EPA announced it is soliciting comments on its Design for the Environment (DfE) Program's logo redesign. The Agency will consider the information gathered from this notice and other sources as it selects a logo for the DfE Program that accurately communicates the Program's efforts to advance human and environmental health protection through safer products.


EPA would like the DfE logo redesign to achieve the following:


* Better convey the scientific rigor and benefits of the Program (e.g., safer for human health) with a logo that is easier to display on products, materials, and in digital media;

* Increase consumer and purchaser recognition of products bearing EPA's Safer Product Label; and

* Encourage innovation and development of safer chemicals and chemical-based products.


EPA will hold two listening sessions via webinars on this topic to give the public the opportunity to provide feedback on draft logo designs. The webinars will be held on Monday, August 4, 2014, from 1:00 p.m. to 2:00 p.m. (EDT); and Tuesday, August 5, 2014, from 1:00 p.m. to 2:00 p.m. (EDT). To participate in any of the webinars, you must register no later than 11:59 p.m. (EDT) on Friday, August 1, 2014. To register for the webinars, visit www.epa.gov/dfe/label.


Possible designs that EPA would like comments on are available online. A copy of the notice is available online.
 


 

The U.S. Environmental Protection Agency (EPA) has taken two actions this month to update Design for the Environment's (DfE) Safer Chemical Ingredients List. On January 23, 2014, EPA announced that it is adding 50 chemicals to the list, "bringing the number of safer fragrance chemicals to 150 and the total number of safer chemicals to nearly 650." The list is available online.


On January 29, 2014, EPA announced that it has issued final DfE alternatives assessments for Decabromodiphenyl ether (DecaBDE) and Bisphenol A (BPA). The 901 page report on alternatives for the flame retardant DecaBDE is available online, and the 519 page report on BPA alternatives is available online.
 


 

On November 20, 2013, the United States Environmental Protection Agency (EPA) announced its intent to release for comment proposed Draft Guidelines for Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement (Draft Guidelines). EPA states the Draft Guidelines -- developed by EPA, the General Services Administration (GSA), and other federal agencies following several "listening sessions" with a wide range of stakeholders -- are intended to help federal purchasers identify and select greener products and meet sustainability purchasing goals. Under several federal purchasing mandates, including but not limited to Executive Order 13514 (Federal Leadership in Environmental, Energy and Economic Performance) and the Federal Acquisition Regulation (FAR) 23.103, federal agencies must ensure that 95 percent of their acquisitions and contracts are sustainable, such as by buying environmentally preferable products.

The Draft Guidelines and a pre-publication version of the Federal Register notice announcing the availability of the Draft Guidelines are available online. A 90-day comment period will be set once the Federal Register is published, which is expected in early December 2013.
 

Our full memorandum, with background and analysis, is available on the BRAG website.