Presented by the National Pollution Prevention Roundtable.

Transcription

1 Presented by the National Pollution Prevention Roundtable

2 2025 Safer Chemistry Challenge Program The Safer Chemistry Challenge Program is designed to motivate, challenge, assist, and recognize companies as they identify safer alternatives to the use of toxic chemicals of concern to human health and the environment. To sign up!

3 Toxic Chemicals in Children s Products Law Chemical Prioritization, Reporting, and Regulation in Maine MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION Protecting Maine s Air, Land and Water

4 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Tiered Listing Approach Chemicals of Concern Chemicals of Concern Chemicals of High Concern 49 Priority Chemicals 2 Chemicals of High Concern Priority Chemicals MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

5 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Identified by an authoritative governmental entity on the basis of credible scientific evidence as: Chemicals of Concern a carcinogen, reproductive or developmental toxicant (CMR) or an endocrine disruptor; persistent, bioaccumulative and toxic (PBT); or Very persistent and very bioaccumulative. 38 M.R.S.A. 1693(1) MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

6 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Chemicals of High Concern Strong credible scientific evidence that the compound meets the listing criteria as a chemical of concern and meets one or more of the following: found through biomonitoring to be present in human blood, breast milk, urine, or other bodily tissue/fluids; found in household dust, indoor air, drinking water, elsewhere in home environment; or has been added to or present in consumer product used or present in the home. 38 M.R.S.A A(2) MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

7 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Priority Chemicals Current Priority Chemicals 1) Bisphenol A 2) NP/NPE Nonylphenol / Nonylphenol ethoxylates A chemical promoted from the list of Chemicals of High Concern which becomes regulated by the Department. Provides the Department the authority to facilitate the gathering of information about the use of priority chemicals in consumer products. Includes the authority to require alternative assessments. 38 M.R.S.A. 1694(1) MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

8 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Priority Chemical Designation 1) Facilitates gathering of information on the use of the chemical in children s products and the extent to which children may be exposed to that chemical; 2) Facilitates gathering of information on the safety and availability of alternatives to the priority chemical; and 3) Facilitates the consideration of a ban on the sale of a children s product to which the priority chemical has been intentionally added when a safer alternative is available. Reporting Submission for Infant Formula and Baby Food Containers containing intentionally added BPA (Ch A) Manufactuer: Contact Person: Address: Address: City: City: Product Data Number Units of Units Sold Sold Where Baby/Infant Formula (Shelf Stable) State: State: Zip: Zip: Phone: Phone: Web Address: Web Address: GPC GPC Segment GPC Family GPC Class GPC Brick Category Code Prepared/Pr eserved Baby/Infant Foods Foods/Beverages Food/Beverage/T obacco Product Brand Name Product Brand Name BPA Amount in Product Unit >=PQL and <100 ppm (0.01%) BPA Function Protective coating <50,000 Within Maine MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

9 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Reporting Results Bisphenol A 18 Manufacturers Reported 305 Categories/Products NP/NPE 14 Manufacturers Reported 399 Categories/Products C 15 H 16 O 2 C 15 H 24 O MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

10 Maine Chemical Reporting Toxic Chemicals in Children s Products Review of Prioritization Process Contact Information Kerri Malinowski Safer Chemicals Program kerri.malinowski@maine.gov MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

11 State Profiles in Chemical Policy Implementation May 15, 2013

12 The required development of two chemical lists 1 2 Chemicals of Priority High Concern Chemicals but there are no associated regulations

13 The Minnesota calls for shared responsibility Department of Health Develops lists 1. Chemicals of High Concern 2. Priority Chemicals Pollution Control Agency Prepared recommendations for implementing chemicals policy in legislative report (January 2010) Minn. Statutes

14 1 Chemicals of High Concern Minn. Statutes Identifying Identified based on credible scientific evidence by state, federal or international agency

15 1 Chemicals of High Concern Minn. Statutes Basis Suspected to 1. Harm the normal development of a fetus or child or cause other developmental toxicity 2. Cause cancer, genetic damage, or reproductive harm 3. Disrupt the endocrine or hormone system 4. Damage the nervous system, immune system, or organs, or cause other systemic toxicity 5. Be persistent, bioaccumulative, and toxic 6. Be very persistent and very bioaccumulative

16 1 Chemicals of High Concern Minn. Statutes Developing the list first step Maine s list published summer 2009 MN Department of Health 1. Retrieved list: 1739 chemicals 2. Reviewed 3. Removed 320 pharmaceuticals per exclusions (Minn. Statutes , Subd. 7)

17 1 Chemicals of High Concern Minn. Statutes Developing the list second step MN Dept of Health List Add High Production Volume chemicals meeting CHC statutory criteria: Manufactured or imported at >1 million pounds/yr HPV chemicals are named by EPA (MDH used EPA Inventory Update Reports from past 20 years to identify)

18 1 Chemicals of High Concern Minn. Statutes Developing the list third step 2006 EPA Inventory Update Reports = 2892 chemicals IUR inventories: 1990, 1994, 1998, 2002 (appears in 3 of the 4 inventories at >1M lbs) = 2538 HPV chemicals

19 1 Chemicals of High Concern Minn. Statutes Developing the list third step 2006 EPA Inventory Update Reports = 2892 chemicals Potential HPV chemicals for the CHC = 1895 IUR inventories: 1990, 1994, 1998, 2002 (appears in 3 of the 4 inventories at >1M lbs) = 2538 HPV chemicals

20 1 Chemicals of High Concern Minn. Statutes Developing the list third step MN Dept of Health Reviewed Potential HPV chemicals for the CHC = 1895

21 1 Chemicals of High Concern Minn. Statutes Developing the list third step MN Dept of Health Reviewed Potential HPV chemicals for the CHC = HPV chemicals added (July 1, 2010)

22 1 Chemicals of High Concern Minn. Statutes Published July 1, 2010 Maine List of CoC s minus pharmaceuticals HPV chemicals + Other Chemicals MDH added (listed by other agencies/states) 1756 Chemicals

23 2 Priority Chemicals Selected from List of Chemicals of High Concern High production volume (HPV) chemical named by EPA; AND Found in: human tissue household dust, indoor air, drinking water, or elsewhere in the home environment; OR fish, wildlife or the natural environment

24 2 Priority Chemicals Selection from List of CHCs 1. MDH screened 443 HPV chemicals added to CHC list to eliminate chemicals on PC list of exclusions 2. Considered other statutory requirements (e.g. presence in human tissue, dust, etc.) 3. Considered intent of statute Children s products Consumer products to which pregnant women or children likely have contact or use (i.e., in home environment) 4. Consulted sources of toxicity information

25 2 Priority Chemicals Minnesota 9 Priority Chemicals selected by MDH in consultation with MPCA published January 31, Bisphenol A 2. Cadmium 3. Decabromodiphenyl ether (decabde) 4. Formaldehyde 5. Hexabromocyclodo-decane (HBCD) 6. Lead 7. Butyl benzyl phthalate(bbp) 8. Dibutyl phthalate (DBP) 9. Di(2-ethylhexyl) phthalate (DEHP)

26 1 Chemicals of High Concern July 1, freekids/chclist/mdhchc1010.xls 2 Priority Chemicals January 31, freekids/pclist/pcsummaries.pdf

27 Minnesota Report by MPCA with MDH Recommend ways to Reduce and phase out PCs in children s products Promote safer alternatives Promote product design that uses Green Chemistry principles

28 Key recommendations Require manufacturers to report re: children s products that contain PCs State agencies develop materials to educate Minnesotans about PCs MPCA and MDH to participate in the Interstate Chemicals Clearinghouse Authorize MPCA and MDH to participate in States initiatives supporting TSCA reform Promote Green Chemistry with existing resources, and establish MPCA GC policy

29 2013 MN legislative activity Bill Add regulatory authority to the, including reporting requirements and PC phase out; no longer active Bill Ban formaldehyde in children s products passed; awaiting Governor's signature Bill Expand restrictions on use of BPA in certain children s products in progress

30 Related state agency activities Pollution Control Agency P2 grants for PCs in products - product investigation and improvement: Formaldehyde and flame retardant HBCD in building products Bisphenol A in thermal paper receipts move to paperless & other Green Chemistry & Design Projects Department of Health Contaminants of Emerging Concern (CEC) program Information Sheets containing health-based guidance for three Minnesota PCs have been developed to date PCs include BPA, dibutyl phthalate and benzyl butyl phthalate; Guidance for di(2-ethyl hexyl) phthalate is in progress

31 Alister Innes on Green Chemistry Minnesota Pollution Control Agency Cathy O'Dell, PG Minnesota Pollution Control Agency David Bell Minnesota Department of Health

32 Chemical Policy Implementation in Washington Carol Kraege WA Dept of Ecology May 15, 2013

33 Washington State Product Laws Passed RCW WAC Description of prohibition Effective Dates Lead, mercury, cadmium, and G hexavalent chromium in packaging July Mercury in most products Jan decabde in mattresses Jan 2008 residential furniture and electronics, after an alternatives assessment Jan Children's products reporting law July Lead in wheel weights Jan BPA in baby bottles and sippy cups July 2011 sports bottles July Copper in brake pads Jan Jan 2012/ Coal tar sealants sale/use July 2013

34 Children s Safe Product Act Washington Legislation Passed in April 2008 Limited concentrations of lead, cadmium and phthalates in children s products Substantially pre-empted by federal CPSIA Requires reporting of Chemicals of High Concern to Children (CHCCs)

35 Covered Products Children s products Toys Children s cosmetics Children s jewelry Children s clothing Child car seats Products intended to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child Long list of excluded products

36 Chemicals of High Concern for Children Toxicity Potential for Exposure Governor said about 50 Potential CHCCs

37 CSPA Report Requirements Who reports Manufacturer, importer, distributor, trade org. What to report Intentional use above detection limit Contaminant above 100 ppm What s in report Chemical Function (from list) Material (from list) Concentration in ranges Highest concentration for a component in a brick (industry classification)

38 CSPA reports- function No function - Contaminant Coloration/Pigments/Dyes/Inks Plasticizer /Softener Preservative Component of plastic resin or polymer process Stabilizers

39 Top 20/34 chemicals reported

40 What s Next for CSPA Analyze reporting data Supply chain Opportunities for safer alternatives Ongoing compliance efforts Product testing Recent BPA report Develop database Update chemical list Toxicity Potential for Exposure

41 More of What s Next Individual chemicals in products Flame retardants (HB1294) PCBs in pigments Safer Alternatives Green Chemistry Systemic change Toxics Reduction Strategy Work Group White paper out for comments until March 11 Federal reform PCBs Lead Phthalates

42 Contact/Links Carol Kraege Reducing Toxic Threats Toxics Reduction Strategy Work Group Children s Safe Products Act

43 Contact Information Kerri Malinowski Catherine O Dell catherine.odell@state.mn.us Carol Kraege carol.kraege@ecy.wa.gov

44 Just Released: NPPR Chemicals Policy Report State Chemicals Policy: Trends and Profiles Describes recent state legislative and policy efforts to prevent hazards and risks associated with toxic chemicals, or chemicals of concern. Highlights state actions to advance needed reforms of federal chemicals policy.

45 Upcoming Events September 25-26, 2013: GreenScreen training with Indiana and NPPR Pollution Prevention Conference Late October: GreenScreen training workshop, Buffalo, NY