Nov 19, 2010
Author: Peter Duchesneau
On November 16, 2010, the California Department of Toxic Substances Control (“DTSC”) issued revisions to its proposed Safer Consumer Product Alternatives regulations. In response to comments, DTSC made a number of significant changes to its draft Green Chemistry regulations and has solicited additional public comment until December 3, 2010.
As reported in our earlier Newsletter, on September 14, 2010, DTSC proposed regulations to establish a comprehensive new system for requiring safer alternatives to consumer products and chemicals as prioritized by DTSC based upon the relative degree of threat posed to public health and the environment, availability of reliable information to substantiate the threat, and DTSC resources.
Despite two years of stakeholder feedback prior to proposing its regulations, in response to comments, DTSC not only substantially rearranged certain sections of the regulations, but also revised its draft regulation by:
Despite these changes, it is unlikely that these revisions will satisfy and alleviate the concerns of many stakeholders. Still yet, since the regulation was initially proposed, a significant shift has occurred with regard to funding of California environmental programs. In light of the passage of Proposition 26 this month, DTSC’s Green Chemistry program, which is essentially not funded, could be in jeopardy should it need to look to the Legislature to establish a fee-based program as it would likely require passage by two-thirds vote.
Craig A. MoyerPartner
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