Safer Alternatives for Chemicals in Consumer Products

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1 Safer Alternatives for Chemicals in Consumer Products California Green Chemistry Program 2009 Western Pollution Prevention and Sustainability Conference Wednesday, October 28, 2009 Donald Owen, P.E. State of California

2 What is Green Chemistry? Benign by Design Protecting public health and the environment during design of products and processes Cradle to Cradle A fundamentally new approach to environmental protection Cal/EPA Page 2

3 The Opportunity: Shape global debate on products and chemicals Restore California s leadership in innovation and economic growth Grow our share of multi-trillion dollar global chemical and consumer products market Cal/EPA Page 3

4 Global Chemical Production Doubling Every 25 Years Cal/EPA Page 4 Wilson, et. al. UCB (2007)

5 Increase Share of $635 Billion US Chemicals Market CA Chemicals = Only $7.2 billion Cal/EPA Page 5 LAO (2006): California Exports

6 Green Jobs and Investment Cal/EPA Page 6

7 Green Chemistry grows Cal/EPA Page 7

8 The Challenges: Toxics found in consumer products Businesses and consumers lack information to select less toxic products Existing cradle-to-grave framework is inadequate Little control or ability to influence design of products made overseas Cal/EPA Page 8

9 California Laws Banning Sale of Toxics in Products Ban on lead in jewelry Ban on toxics in packaging Ban on mercury in certain devices RoHS ban on covered electronics Cal/EPA Page 9

10 Current Approach: Cradle-to-Grave Single compartment (medium: air, water, land) Focus on end-of-pipe or after product use Discharges Emissions Wastes Cal/EPA Page 10

11 THE LEGACY: Billions in Long-Term Costs to California Taxpayers $157 Million Collected $1.2 Billion Needed

12 The Problem: Two million plastic beverage bottles are discarded every five seconds in the U.S. Only 3% of plastic is recycled in U.S.

13 The Problem: 60,000 plastic bags are used and discarded every 5 seconds in U.S.

14 The Problem: 426,000 cell phones retired each day in U.S.

15 Childhood Exposure from Chemicals in Products (Average numbers of chemicals per day, by age group) Cal/EPA Page 15

16 Public Health Effects Autism Prostate Cancer Cryptorchidism Breast Cancer Sperm Density Cal/EPA Page 16 Madsen, Kucher, and Olle (June 2004)

State Policy Framework Six Recommendations: 1. Expand Pollution Prevention 2. Develop Green Chemistry Education, Workforce, Research, and Tech Transfer Infrastructure 3.

17 State Policy Framework Six Recommendations: 1. Expand Pollution Prevention 2. Develop Green Chemistry Education, Workforce, Research, and Tech Transfer Infrastructure 3. Create Online Product Ingredient Network 4. Create Online Toxics Clearinghouse 5. Accelerate Quest for Safer Alternatives 6. Move Toward Cradle-to-cradle Economy Final Report Cal/EPA Page 17

18 Two Recent Laws: Chapter 559 (Assembly Bill 1879): develop framework for addressing chemicals of concern, evaluating alternatives, and moving toward safer consumer products Chapter 560 (Senate Bill 509): increase information about toxicity and other hazard end-points for chemicals via an online portal Cal/EPA Page 18

Accelerate the Quest for Safer Alternatives Develop systematic processes to: Identify and prioritize chemicals of concern in consumer products Assess alternatives

19 Accelerate the Quest for Safer Alternatives Develop systematic processes to: Identify and prioritize chemicals of concern in consumer products Assess alternatives using life cycle Apply appropriate regulatory response Actions: California Health and Safety Code section et. seq. Rule development now underway Cal/EPA Page 19

20 Overview: Rule Concept Three entry paths: Nine categories of consumer products Specified list of chemicals of concern Chemicals identified pursuant on other governmental and authoritative body lists ( lists of lists ) Hazard categories and prioritization: Toxicity, organ damage, sensitization, bioaccumulation, etc. Exposure potential Cal/EPA Page 20

21 Conceptual Flow Diagram Manufacturer determines if product or chemical is within scope Manufacturer generates data for categorization Manufacturer enters hazard information into Toxics Information Clearinghouse Manufacturer determines whether chemical(s) have specified hazard end-points Yes Cal/EPA Page 21 Manufacturer retains documentation, provides to DTSC upon request No No AA required; supply chain Documentation required Manufacturers prioritize chemicals based on risk of exposure or release AA and Response Action

22 Alternatives Assessment General Principles: Relevance Completeness Consistency Accuracy Transparency Tiered Approach: Qualitative Statutory Attributes Various Tools Cal/EPA Page 22

23 Alternatives Assessment Life Cycle: Determine scope and system boundaries Define unit processes or process description Information collection Assess ecological, human health, resource depletion, and economic impacts Document results and conclusions Cal/EPA Page 23

24 Regulatory Responses Cal/EPA Page 24 Self-implementing Labeling End-of-life management Additional notifications Prohibiting the chemical of concern State authorized Additional information Restrictions on use Research and development Funding Green Chemistry Other

25 Issues Roles and Responsibilities First versus third party? Decision rules? Transparency? Scale and Scope Chemicals versus products? Broad or narrow? Hazard traits? Alternatives? Cal/EPA Page 25

26 Please participate! Browse our website, join the online dialogue, offer comments, attend workshops, or call and write! GREEN CHEMISTRY Donald Owen

Green Chemistry Initiative

Green Chemistry Initiative LA County Metropolitan Transportation Authority Sustainability Summit and Spring Green Fair Yolanda Garza, Acting Chief, Public Participation, DTSC May 6, 2009 What is Green