June 24, 2010
When Gov. Arnold Schwarzenegger signed legislation launching the state's "Green Chemistry" initiative two years ago, he touted it as the most comprehensive approach ever in regulating toxic chemicals in consumer goods.
Now, state officials say they plan to "start small" in implementing the landmark legislation, and some environmental groups complain the effort doesn't go far enough.
"If no changes are made to this, this is going to be a disappointment to the environmental community," said Renee Sharp, director of the California office of the Environmental Working Group.
The state Department of Toxic Substances Control on Wednesday unveiled 61 pages of rules and regulations to carry out the initiative, which aims to create a system for regulating chemicals found in everyday household goods.
Under the new regulations, which take effect next year, manufacturers of products that use toxic materials could be required to carry warning labels, have their products recalled or be asked to replace harmful materials with safer alternatives.
In some cases, the state could ban the sale of products.
DTSC also will be charged with identifying and analyzing harmful chemicals and will compile a list of problem materials.
Acting director Maziar Movassaghi said the state will initially evaluate hundreds of consumer products. Those used by children, pregnant women, the elderly and other high-risk groups will be a priority, he said.
"We're probably going to start small," he said.
According to Sharp, the state had indicated in workshops held earlier this year that it would look at a wider range of products.
The more expansive approach fits with the Schwarzenegger administration's plans to regulate toxic substances much more broadly than past attempts to ban harmful chemicals on a case-by-case basis, she said.
Bill Magavern, director of Sierra Club California, said state officials initially cast a wider net for evaluating hazardous products but encountered resistance from manufacturers.
Magavern said the state's latest plan will "ignore "thousands of other (harmful) chemicals in our products."
Magavern was also critical of the amount of time it would take to remove a harmful product from store shelves under the current framework.
"Californians should be able to go into a store sure in the knowledge that the products will be safe for their families," said Magavern.
The program, he said, "was supposed to offer comprehensive protection."
DTSC's Movassaghi said it would be impractical to evaluate the uses of 80,000 to 100,000 chemicals, given the state's budgetary constraints.
"We don't have the capacity to handle information about 100,000 chemicals," he said.
The Green Chemistry initiative began in 2008, when Schwarzenegger signed AB 1879 and SB 509, which aimed to create a science-based process for evaluating potential toxics used in consumer goods.
Some business groups believe this approach brings rationality to an often politicized process.
"What's unique is that this applies scientific criteria to the process," said John Ulrich, co-chairman of the Green Chemistry Alliance.
Sharp said the rules aren't stringent enough when it comes to allowable levels of harmful chemicals.
Under the plan, products with toxic content of less than 0.1 percent would not come under government scrutiny.
Federal standards for items such as lead in paint or toxins in cosmetics are much more stringent, she said.
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