Today, the California Department of Toxic Substance Control(DTSC) released their proposed “Safer Consumer Product Regulations.” The proposed regulations have narrowed down the set of applicable chemicals to 1200, down from the recent 3000. Included in this draft, the DTSC announced that they will only select 5 products to go through this onerous regulatory process in the first work plan. How they will select the 5 products remains unclear, but they will be selected within 6 months of the effective date of the regulations.
This is the 8th iteration of the draft regulations to implement the green chemistry laws passed in 20008. There will now be a 45 day public comment period to challenge the regulations. Two notable vulnerabilities are they have issued themselves an exemption from CEQA (you may recall that the AB 32 regulations were held up for their failures to comply with CEQA ), and prepared a flimsy economic analysis. The comment period ends on September 11, 2012. A public hearing will be held on the regulations on September 10, 2012.
We issued an advisory on the previously released regulations in November 2011.