Safer Consumer Products Update Personal Care Products Council Marina del Rey, CA November 14, 2017 Meredith Williams, PhD Deputy Director, Safer Products and Workplaces Program Department of Toxic Substances Control Cal/EPA
For today Regulations refresher Nail products and the Healthy Nail Salon Recognition Program On the horizon 2
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Statutory pitfalls: regrettable substitutes 4
The CA Framework: Producer Responsibility 5
Safer Consumer Products key tenets Avoid regrettable substitutes Not command and control manufacturer responsibility Enforceable Incentivize innovation and the search for safer alternatives Transparent and science-based decision making 6
Safer Consumer Products framework As designated by 23 authoritative bodies DTSC selects Product-Chemical combinations that may cause harm Manufacturer evaluation of alternatives DTSC considers range of possible responses 7 California Code of Regulations, title 22 Chapter 55. Safer Consumer Products Sections 69501 through 69510
Selecting Product-Chemical Combinations People, aquatic, avian or terrestrial animals or plants Potential exposure to the Candidate Chemicals in the product AND Potential for exposures to contribute to or cause significant or widespread adverse impacts Special Consideration for: Sensitive sub-populations Environmentally sensitive habitats Endangered species Priority Products adopted through rulemaking 8
Priority Products to date Initial Priority Product Listing Rules Children s foam-padded sleeping products with TDCPP or TCEP flame retardants listed Spray Polyurethane Foam with unreacted MDI in rulemaking Methylene chloride paint strippers notice anticipated before end of year 9
Priority Product Work Plan Identifies product categories 3 year timeframe Sends market signals 10
2015 2017 Priority Product Work Plan Categories Beauty, Personal Care and Hygiene Products Household/Office Furniture/ Furnishings Cleaning Products Building Products Paint Products, Adhesives, Sealants, Flooring Fishing and Angling Equipment Clothing Office Machinery Consumable Products 11
Work plan products under consideration Products containing nonylphenol ethoxylates (NPEs) with aquatic impacts Perfluoroalkyl and Polyfluoroalkyl Substances (PFASs) in carpets, rugs, indoor upholstered furniture, and their care and treatment products Nail salon products Lead acid batteries 12
Answers key questions Is it necessary? Is there a safer alternative? Key Concepts Manufacturer evaluation Have regrettable substitutes been avoided? Narrative standard Public comment CBI protections
Life Cycle Thinking Chemical Hazard Assessment Exposure Assessment California AA is not traditional risk assessment 14
The challenge to manufacturers: What are the trade offs? What are the company s values and criteria? What information is available? What are the data gaps? What will meet the performance criteria? Does this alternative have a downside? 15
AA Guide Version 1.0 issued in June Will be updated regularly DTSC will work with regulated sectors on technical assistance 16
AA Guide Outreach and Training Surveyed interest/needs of stakeholders Product requirements Decision making and alternatives selection Focus on assistance to Regulated Entities and AA practitioners Training development and delivery Development of pilot AAs and examples Engagement with community of practice 17
No response Additional information to DTSC Additional information to consumer Additional safety measures Restrictions/Prohibitions on sales End-of-life product stewardship Research funding 18
Nail Salon Product Focus 1. Safer Consumer Products 2. Healthy Nail Salon Recognition (HNSR) 19
Nail salon product concerns Nail Salon Workers Long work hours & multiple, simultaneous chemical exposures Sensitive Subpopulation: women at child bearing age, pregnant women Environmental Justice Issue: low-income, minority, non-english speaker Customers Sensitive Subpopulation: young children, adolescents, pregnant women, women of child bearing age
SCP nail salon products evaluation Chemicals including formaldehyde, toluene, DBP March 2017 Workshop Research underway Likely to propose a product under the current work plan (April 2018) 21
AB2125 Healthy Nail Salon Recognition (HNSR) Program Project Plan 1 Stakeholder Consulting Summer, 2017 Phase 1 Stakeholder Engagement Phase 2 Develop Draft Guidelines Phase 3 Finalize Guidelines Phase 4 Develop Outreach Materials Phase 5 Conduct Outreach 2 Stakeholder Feedback Fall, 2017 Publish Guidelines Jan, 2018 Outreach Early 2018 22
HNSR stakeholder engagement Stakeholder Consulting Existing HNSR Program Coordinators San Francisco Alameda Santa Clara Healthy Nail Salon Collaboratives Authoritative Programs BBC Cal/OSHA CARB Santa Monica San Mateo King County, WA CDPH NIOSH Stakeholder Feedback Prospective local government agencies Existing HNSR Program Coordinators Healthy Nail Salon Collaboratives Authoritative Programs 23
Guidelines Overview Local government implementation plan Training topics for salon owners & staff List of chemicals not to be used by healthy nail salons - Nail polishes free from: DBP, toluene, and formaldehyde - Nail polish thinners free from: toluene and MEK - Nail polish removers free from: ethyl acetate and butyl acetate - Artificial nail products free from: MMA Safer work practices - Use of PPE - Handling chemicals - Chemical waste disposal - Improving work habits Engineering controls: proper ventilation Certification requirements Verification of compliance Outreach - local government implementation plan - Training materials for salons - Customer education/awareness 24
Tiers of Certification Tier-1, Silver Certificate Minimum Requirements Compliance with authoritative bodies Training Safer products Safer work practices Proper ventilation (no cost to salon owner) Tier-2, Gold Certificate Additional Requirements Minimum requirements plus: Local exhaust ventilation system installations Ergonomic practices Environmentally friendly practices 26
New Work Plan under development 2018-2020 Initial input solicited (Closed November 6) Draft Work Plan publication February 2018 Comment period March 2018 Final Work Plan release April 2018 27
Personal care products in context 28
Preservatives 29
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Thank you Contact me SCP home page CalSAFER Listserve Meredith.williams@dtsc.ca.gov http://www.dtsc.ca.gov/scp https://calsafer.dtsc.ca.gov/ www.bitly.com/scpupdates 32