U.S. Toxic Substances Control Act Reform
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1 U.S. Toxic Substances Control Act Reform States leadership on formulating and reforming chemicals policy Ken Zarker, P2 Section Manager Washington State Department of Ecology American Chemical Society Science and the Congress Project September 29, 2009
2 Comprehensive States Chemicals Policy Initiatives Pollution prevention & toxics use reduction Single chemical bans Multiple chemicals approach Regulation of products Right-to-Know Alternatives assessment Biomonitoring Green Chemistry It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. Supreme Court Justice Brandeis
3 State Priority Toxic Substances Legislation CA enacted legislation to create rule for identifying and prioritizing chemicals of concern. Five states (CA, CT, MA, NY, VT) have proposed legislation for prioritizing toxic substances. Sources: NPPR, Lowell Center US Chemicals Policy data base
4 States Safe Children s Products Act Legislation Four states (CT, ME, MN, WA) enacted legislation to identify and prioritize chemicals of concern in children s products. Nine states (AL, IL, IN, MI, OR, PA, RI, SC, WI) have proposed safe children s products legislation. Sources: NPPR, Lowell Center US Chemicals Policy data base
5 Washington State Children s Safe Products Act Implementation 1. Create a list of high priority chemicals of high concern for children (CHCC). 2. Report to Legislature. 3. Rules development. Issues: Data Reporting Product Testing Compliance We can t wait any longer for the federal government to take action. Governor Chris Gregoire signing HB April 1, 2008
6 Washington State Children s Safe Products Act Implementation High Priority Chemicals: Chemicals from authoritative sources Chemicals with specific toxicities Exposure Lists: Chemicals found in: Humans Indoor Air and Dust Drinking Water Products Potential Chemicals of High Concern to Children (CHCCs): Intersection of two groups
7 Maine is a leader in protecting our children from harmful chemicals Governor John E. Baldacci signing LD 2048 May21, 2008 Maine chemicals of concern list published July Approximately 1,700 chemical entries.
8 Michigan Green Chemistry Action Plan - Milestones September 2009 First Green Chemistry Conference Green Chemistry Awards Program. Governor Jennifer M. Granholm
9 Source: Michael P. Wilson, UC Berkeley - COEH 9
10 Policy Positions for the Jurisdiction of the Environment Committee Act on the Harmful Chemicals First and Promote Safer Alternatives Ensure Broad Access to Mandatory Safety Data on All Chemicals Ensure Environmental Justice Protect All People, and Vulnerable Groups, Using the Best Science States Rights
11 Interstate Chemicals Clearinghouse Goals Avoid duplication and enhance efficiency and effectiveness of state initiatives on chemicals through collaboration and coordination. Build state capacity to identify and promote safer chemicals and products. Ensure that states, businesses, and the public have ready access to high quality and authoritative chemicals data.
12 Collaboration with the States Most states acknowledge the need for a strong federal chemical regulation system. Authority to regulate chemicals of concern should be a shared responsibility with the federal government. Effective state-federal partnerships would include federal grants to the states, data sharing, compliance monitoring and technical assistance. States are in a critical position to provide costeffective pilots and demonstration projects for comprehensive chemicals safety, toxics reduction and product stewardship programs.
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