André Algazi, Chief Consumer Products Section. Technology Department of Toxic Substances Control

Transcription

1 State Legislation on Hazardous Chemicals in Products California s Experience André Algazi, Chief Consumer Products Section Office of Pollution Prevention and Green Technology Department of Toxic Substances Control

2 Since 2001, a Series of California Laws on Toxics in Products... Mercury vehicle switches Mercury fever thermometers Mercury-added novelties Mercury thermostats Mercury-containing containing devices and materials for use in K-12 Schools Mercury-containing containing motor vehicle light switches Mercury relays

3 Since 2001, a Series of California Laws on Toxics in Products... Mercury psychometers Mercury manometers Mercury pyrometers Mercury sphygmomanometers Mercury thermometers PentaDBE in products OctaBDE in products Toxic metals in electronics Cell phones

4 And New Laws in Cadmium in Children s Jewelry SB 929: limits cadmium to <300 ppm Brake Pads: SB 346: Phased-in limits on metals, asbstiform fibers Glass Beads: AB 1930: Restricts lead and arsenic in glass beads used for sand blasting

5 A Variety of Approaches for Regulating Toxics in Products... Restrict the chemical Phase out the chemical Ban use of the chemical outright Impose extended producer responsibility (EPR)

6 Challenges of Implementing Legislative Bans and Restrictions Understanding the law Informing stakeholders Monitoring compliance/detecting violations Enforcement

7 Challenges: a few Examples RoHS Mercury Thermometers Lead in plumbing

8 Challenges: RoHS California legislation has made parts of European Union legislation, Directive 2002/95/EC of on the restriction of the use of certain hazardous substances in electrical and electronic equipment applicable to certain products sold in our State As amended The EU law has been regularly amended, requiring California to track a moving target

9 RoHS in Electronics Four of the EU s six substances restricted Mercury, Lead, Cadmium, Hexavalent Chromium In homogeneous materials (one device = hundreds or thousands of homogeneous materials) Only certain devices are subject to RoHS in California: video display devices tested/listed Challenges: Complex, slow, expensive lab testing Huge number of constantly changing products

10 RoHS in Lighting Applies to California-specific category General Purpose Lights Challenge: determining what s included in the term Nine EU exemption categories may apply to a General Purpose Light California s has additional exemptions and phase- ins Challenge: what substances are restricted? Which products? When do the restrictions take effect?

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12 Challenges: Mercury Thermometer Ban Assembly Bill 1415 (2005) bans sale of a long list of mercury devices, including thermometers A clinical laboratory contacted DTSC: does the ban apply to highly accurate, precise NIST thermometers, which are used to calibrate other equipment, including non-mercury thermometers? Challenge: banning a broad product category may inadvertently affect a niche product without good alternatives

13 Challenges: Lead in Plumbing Senate Bills 1334 and 1395 (Stats. 2008) ban introduction into commerce of plumbing fixtures that are not lead-free For plumbing fixtures, "lead free" means <0.25 percent lead in wetted surfaces as determined by a weighted average Challenges: Determining whether after-market replacement parts (e.g., for a faucet) meet the standard d One agency (DTSC) responsible for testing data provided to other state/local agencies (DPH) for enforcement follow up, at their discretion

14 Successes: a Few Examples Lead in Jewelry Law Toxics in Packaging Prevention Act Lead Wheel Weigh Ban

15 Success: Lead in Jewelry X-Ray Fluorescence Spectroscopy (XRF) has proven to be a quick, inexpensive screening tool DTSC has detected violations, some of them egregious, taken enforcement, and pulled products from the shelves Challenges: Complexity of law, with its variety of materials and lead level restrictions For sellers are jewelry/components certified or labeled as lead free really lead free?

16 Success: Toxics in Packaging Prevention Straightforward law restricting 4 metals Relatively simple products that lend themselves to XRF screening Manufacturers/suppliers must provide certificates of compliance to purchasers of packages/components Interstate coordination: 19 states have similar laws, of which 10 are TPCH members. Image: Credit: FLICKR/MARC E MARC

17 Success: Ban on Lead Wheel Weights Simple product, single chemical, finite universe of sellers Readily available, less toxic substitutes DTSC discusses alternatives ti on its web site and concerns about aquatic toxicity of zinc without endorsing or condemning any product Survey of manufacturers and distributors: ib t Were prepared for the ban Provided easy exchange of Pb inventory for Zn or steel. Car manufacturers were already using the alternatives, so compliance is believed to be high

18 The Future? Safer Alternatives Regulations... A systematic approach with a flexible set of regulatory responses Encourages manufacturers to design out chemicals of concern Challenges: Long process from beginning to end; it may take 6+ years to implement the first regulatory response Meanwhile, issues keep popping up...

19 Will these Regulations be the end of Product-by-Product Legislation? Probably not... We don t always know we need to act until it s urgent and there s no time for lengthy deliberation Even with the best fire protection strategy (building codes, sprinklers, alarms, etc.) we still need the fire department

20 Some Lessons Learned in California Simple, clear requirements are easiest to understand, explain, verify, and enforce Defining the affected product category carefully avoids restricting unusual (but important) uses Quick screening (e.g., XRF) is great for certain chemicals Clear enforcement authority needed There are pitfalls to linking to other states or countries legislation

21 Thank you... André Algazi Consumer Products Section Toxics in Products Branch Office of Pollution Prevention and Green Technology Department of Toxic Substances Control ca gov (916)