Green Chemistry Initiative

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In 2008, California took a bold step toward creating a comprehensive, science-based system for identifying and regulating the chemicals in consumer products. California’s Green Chemistry Initiative is the largest and most complex effort undertaken anywhere to examine chemical ingredients in consumer products and, where appropriate, substitute safer materials. The Green Chemistry Initiative provides the Department of Toxic Substance Control (DTSC) with authority to identify chemicals of concern, study them, prioritize them and regulate certain products that contain these chemicals. According to the statute, DTSC can require labels, ban the use of chemicals in specific products, require reformulation of products and much more.

Full implementation of the Green Chemistry Initiative could have serious implications on food processors’ ability to use all types of chemicals.

CLFP continues to be an active member of the Green Chemistry Alliance, an organization that includes the state’s major manufacturers, retailers and trade associations. The Green Chemistry Alliance is committed to creating a science-based framework for state regulation that will enhance customer safety and inspire innovation and investment. It provides the data and perspective that can lead to balanced, science-based regulations that are workable. The Green Chemistry Alliance believes that if the regulatory process is allowed to drift from its commitment to science, it has the potential to inflict severe damage on the state economy and budget, which already are struggling.

Unfortunately, DTSC’s efforts to draft regulations to implement the Green Chemistry Initiative were ultimately unsuccessful under the Schwarzenegger Administration. There was no agreement amongst the stakeholders in the environmental and business communities and the regulations were tabled in December 2010.

The environmental community insisted that DTSC not prioritize its work. In other words, they argued that DTSC should identify and regulate absolutely every chemical used in commerce today as if each posed an equal threat to consumers. The Green Chemistry Alliance maintained that meaningful regulations must reflect the reality that exposure and risk vary significantly depending on the product, how it is used and who uses it. Thus, regulations should screen out products with a low likelihood of harm. The Green Chemistry Alliance argued that by prioritizing its work to focus on the greatest risks of exposure and by protecting confidential business information, DTSC could create regulations that fulfill the requirements of the Green Chemistry Initiative and deliver real benefits to California consumers.

Work on drafting regulations to fully implement the Green Chemistry Initiative is continuing under Governor Brown’s Administration. The DTSC has assured the Green Chemistry Alliance that the new program will be more modest in scope and allow for a more focused listing of chemicals of concern.

The Green Ribbon Science Panel (GRSP), established in statute, is made up of experts to provide advice on scientific matters, chemical policy recommendations and implementation strategies with regard to the Green Chemistry Initiative. The GRSP will meet in Sacramento on July 14-15, 2011 to focus on alternative assessment methodologies. In preparation for this meeting, the GRSP has established three subcommittees that will be meeting in June, including:

• Alternative Assessment Subcommittee (Meeting June 1 and 7)
• Tiered Alternative Subcommittee (Meeting June 2 and 14)
• Quality Assurance Alternative Assessments (Meeting May 31 and June 16)

The Office of Emergency Health Hazard Assessment (OEHHA) is responsible for drafting regulations to specify the hazard traits, environmental and toxicological end-points, and other relevant data that are to be included in the state’s Toxics Information Clearinghouse to assist DTSC in identifying Chemicals of Concern. The Green Chemistry Alliance has been actively engaged in working with OEHHA in drafting these regulations. OEHHA received comments on its proposed draft in September 2010 and will likely make a revised draft available for public review and comment in July 2011. The final adoption of the hazard traits regulation is scheduled for December.

CLFP continues to be an active member of the Green Chemistry Alliance and monitors the activities of the GRSP, DTSC and OEHHA.

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