The Department of Toxic Substances Control commonly known by acronym DTSC applies to the California Safer Consumer Products.
The California Green Chemistry Law of 2008 authorized and required DTSC to adopt regulations to establish a process to identify and prioritize chemicals in consumer products, and evaluate chemicals of concern in consumer products and their potential alternatives. The resulting California Safer Consumer Products Regulations established the following four-step, iterative process:
(1) Identify Chemicals – Establish a list of Candidate Chemicals (~1,200) based on existing information, and specify a process for DTSC to identify additional chemicals to add to this list.
(2) Products – DTSC must evaluate and prioritize product/Candidate Chemical combinations in order to develop a list of “Priority Products” for which Alternatives Analyses must be conducted. A
Candidate Chemical that is the basis for a product being listed as a Priority Product is designated as a Chemical of Concern (COC) for that product.
(3) Alternatives Analysis – Responsible entities (manufacturers, importers, assemblers, and retailers) must notify DTSC when their product is listed as a Priority Product and perform an Alternatives Analysis (AA) for the product and the COCs in the product to determine how best to limit exposures to, or the level of adverse public health and environmental impacts posed by, the COCs in the product.
(5) Regulatory Responses – DTSC must identify and require implementation of regulatory responses designed to protect public health and/or the environment, and maximize the use of acceptable and feasible alternatives of least concern. DTSC may require regulatory responses for a Priority Product (if the manufacturer decides to retain the Priority Product), or for an alternative product selected to replace the Priority Product.
In April 2014, DTSC published an Initial Priority Products List which included three products:
1. Spray Polyurethane Foam (SPF) Systems containing unreacted diisocyanates
2. Children’s Foam Padded Sleeping Products containing Tris(1,3-dichloro- 2-propyl) phosphate or TDCPP
3. Paint and Varnish Strippers, and Surface Cleaners with methylene chloride
Once this initial Priority Products list is adopted in regulations, manufacturers of Priority Products will be required to notify DTSC and begin the Alternatives Analysis (AA) process. DTSC expects to initiate rule making to codify the initial Priority Products list in regulations in the latter part of 2014, a process that may take up to one year.