CRI Participates in Review of California Green Chemistry Proposal

Carpet and Rug Institute Participates in Review of California Green Chemistry Proposal. Frank Hurd, CRI Director of Government Issues, Says New Law Will Affect Carpet Industry.

New legislation in California that would establish sweeping new regulations for every manufacturer of a product offered for consumer use in California took CRI Government Affairs Director Frank Hurd and Technical Issues Director Ken McIntosh to Sacramento for a Green Chemistry workshop sponsored by the California Department of Toxic Substances Control (DTSC).

The workshop, held October 21st, 2009, was to review the draft proposal for implementation of AB 1879 – the so-called Green Chemistry bill that seeks to regulate and eventually ban all chemicals of concern from products offered for sale in California.

Frank Hurd agreed to help me clarify some of the main points of the bill for CRI Blog readers.

BR: How is California Green Chemistry bill different from California’s regulations on chemicals in the past?

FH: The Green Chemistry legislation marks a move away from chemical-by-chemical legislation to deal with a broader list of “chemicals of concern”. Ken McIntosh and I reviewed a draft of the bill that identifies 16 primary chemicals of concern, but the legislation also would include any chemical identified on a list of 29 national and international references. Very few chemicals produced would not be affected.

BR: What would the bill require of manufacturers?

FH: The draft regulation requires any manufacturer of a consumer product that contains one or more of the listed chemicals of concern to:

• Identify the respective hazard for the chemical(s) of concern and the possible routes of exposure

• Provide notice that this product is subject to the alternatives analysis required – which means the manufacturer must look for a “safer” chemical replacement.

• Conduct an alternative analysis as prescribed by the draft regulation and provide the CA DTCS with a date as to when the alternative analysis will be completed.

• If the manufacturer determines there is not a “safer” alternative, the manufacturer would be required to conduct an alternative analysis every two years.

• Even if an alternative chemical is identified and used, it will be subject to the same criteria if listed on the chemicals of concern lists.

• It should be noted that all chemicals of concern will eventually be put on a timetable to be banned (2-20 Years) regardless if a safe alternative can be found.

BR: And California’s Green Chemistry bill would cover everything manufactured in California?

FH: No – it would apply to everything offered for sale in California – wherever it’s manufactured. The only exemption is for consumer products that are available in California for the sole purpose of redistribution, sale or lease outside of California

BR: When would it go into effect?
FH: California’s Department of Toxic Substances Control is planning to put the final draft guidelines out by the first quarter of 2010 with an implementation date of 2011.

BR: Will the Green Chemistry bill impact the carpet industry? How much?
FH: The regulations that will come in response to AB 1879 will significantly add to the cost of doing business in California. As it is currently outlined, there is no way a manufacturer will be able to comply without incurring significant expense. Manufacturing jobs in California will most likely be lost due to this legislation. While the carpet industry will not be affected as much some other industries, there is no doubt it will affect us. CRI will continue to monitor and work with manufacturers to try and make sure the regulations that come out of this process are based on reason, sound science and are the least intrusive they can be.

Thank you, Frank.

~Bethany

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