After numerous attempts, California is once again moving forward with regulations to implement its Green Chemistry Initiative. As directed by the 2008 Green Chemistry law, the California Department of Toxic Substances Control proposed regulations in 2010, only to face vehement opposition each time from either the business community, environmentalists or both. Now, almost a year after its last attempt, DTSC on Oct. 31 issued an “informal” draft regulation, named the “Safer Consumer Products Regulation.” Compared to the last proposal in November 2010, the most recent proposal is in many ways much broader and far-reaching than its predecessor.
Enacted in September 2008 through two companion bills, Assembly Bill 1879 (titled the “Safer Consumer Product Alternatives”) and Senate Bill 509, the Green Chemistry Initiative is designed as a new regulatory approach to pollution prevention, which ultimately requires the design of chemical products and processes that reduce or eliminate the use and generation of hazardous substances. Under the law, DTSC was to adopt regulations on or before Jan. 1 to establish a process for identifying and evaluating “chemicals of concern in consumer products and their potential alternatives.”
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