Bill Hubbard April 4, 2017

Transcription

1 In the Crosshairs: the Targeting of Building Products by California s Green Chemistry Initiative and Other Regulations Focusing on Environmental Exposure to Toxinss Bill Hubbard April 4, 2017 ATLANTA CINCINNATI CLEVELAND COLUMBUS DAYTON NEW YORK WASHINGTON, D.C.

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5 State Regulations Interest Groups Market and Consumer Demand #

6 Precautionary Principle The principle that if an action or policy might cause severe or irreversible harm to the public or to the environment, in the absence of a scientific consensus that harm would not ensue, the burden of proof falls on those who would advocate taking the action.. -Raffensperger C. & J. Tickner (eds.) (1999) Protecting Public Health and the Environment: Implementing the Precautionary Principle. # 6

7 Labelling and disclosure requirements Alternative assessments #

8 Green Chemistry Regulations Californians should not need a Ph. D. to go shopping. They should feel confident as they walk the aisles of any store that products on the shelves are safe to use and free from toxic chemicals. We want manufacturers to ask: Is it necessary to use a toxic chemical in their consumer product, or is there a safer alternative. DTSC Director Debbie Raphael. Many people assume that because a product is legal to sell, it s safe to use. #

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10 Candidate Chemicals ~153 chemicals #

11 3 Initial Priority Products Children's foam-padded sleeping products that contain the flame retardant TDCPP Rule-making first Quarter 2016 #

12 3 Initial Priority Products Paint and varnish removers, paint and varnish strippers, and surface cleaners that contain methylene chloride #

13 3 Initial Priority Products spray polyurethane foam materials containing diisocyanates two-component pressurized spray polyurethane foam systems containing unreacted methylene diphenyl #

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15 Beauty, personal care, and hygiene products Building products: painting products, adhesives, sealants, and flooring Household, office furniture, and furnishings Cleaning products Clothing Fishing and angling equipment Office machinery (consumable products) #

16 Why the concern for building products? used by virtually all members of society contain a wide range of Candidate Chemicals with known hazard traits use indoors, where air exchange is slow, causes longer exposures to higher levels of certain Candidate Chemicals people who work regularly with building products face even higher risk of exposure clear pathways for exposing children to Candidate Chemicals by ingestion: they release chemicals into household dust, which toddlers ingest when they put their hands in their mouths after crawling on the floor. Therefore, these categories support two of our policy priorities: they include products with clear routes of exposure and products that may impact children incidence of childhood asthma has increased significantly in recent decades and Candidate Chemicals that cause or worsen asthma are found in building products #

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18 Proposition 65 persons doing business in California may not expose individuals to chemicals known to cause cancer and/or reproductive toxicity without first giving clear and reasonable warning, nor discharge such chemicals into drinking water. requires the State to publish a list of chemicals known to cause cancer or birth defects or reproductive harm. #

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21 # Health effects can include nose and throat irritation, a burning sensation of the eyes, wheezing, difficulty in breathing, and can trigger asthma symptoms in those with asthma. Sensitive individuals may experience fatigue, headache, and nausea. Formaldehyde is also a known human carcinogen.

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25 Lumber Liquidators x 130 LL was aware of elevated levels of formaldehyde contained in its Chinese-made laminate flooring, but labelled and marketed the products in a manner that indicated (falsely) that they complied with health and safety standards, including California s CARB emissions standards #

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28 Beyond California: Consumer Demand #

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32 Walmart Priority chemical: priority chemicals are substances with certain hazardous properties that can affect human health, and/or the environment. A priority chemical is defined as a chemical that meets the criteria for classification as a carcinogen, mutagen, reproductive toxicant, or is persistent, bioaccumulative, and toxic; or any chemical for which there is "scientific evidence of probable serious effects to human health or the environment which give rise to an equivalent level of concern #

33 Walmart Walmart Priority Chemicals: a list of authoritative and regulatory lists to identify Walmart Priority Chemicals within the scope of the policy. Walmart High Priority Chemicals: a subset of approximately ten Walmart High Priority Chemicals as a starting point for suppliers. Walmart considers the list proprietary Vendors notified through The Wercs #

34 Transparency As of all suppliers must provide full online ingredient disclosure Beginning 2018 all Walmart Priority Chemicals must be listed on packaging #

35 Safer Formulations Informed substitution - the considered transition from a chemical of particular concern to safer chemicals or nonchemical alternatives Suppliers will be evaluated by amount of Walmart Priority Chemicals eliminated. #

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37 # substances added to plastics to increase their flexibility, transparency, durability, and longevity

38 Consumer Reports Our tests show that very little came out in the air or on the wipes. #

39 # Voluntarily ended use of phthalates in flooring

40 supporting research on building materials and health developing new transparency tools and engaging stakeholders from across the industry #

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44 Intent To encourage the use of products and materials for which life-cycle information is available and that have environmentally, economically, and socially preferable life-cycle impacts. To reward project teams for selecting products for which the chemical ingredients in the product are inventoried using an accepted methodology and for selecting products verified to minimize the use and generation of harmful substances. To reward raw material manufacturers who produce products verified to have improved life-cycle impacts. #

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47 Disclosure Requirements + Increased Detection Limits Class Actions #

48 Rule 23(a) prerequisites (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class # 48

49 Wal-Mart Store, Inc. v. Dukes, 131 S. Ct (2011) # 49

50 Injunctive and declarative relief, punitive damages, and back pay Wal-Mart s alleged discrimination against women in violation of Title VII of the Civil Rights Act of 1964 Local managers exercise discretion over pay and promotions disproportionately in favor of men # 50

51 Common Questions Common Answers Commonality requires a plaintiff to demonstrate that class members have suffered the same injury, and their claims must depend upon a common contention of such a nature that it is capable of class-wide resolution which means that determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke # 51

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