Chemical Management Regulation

Transcription

1 Chemical Management Regulation Federal & State Level Update Danielle Iverson Manager Government Relations American Apparel & Footwear Association

2 AGENDA Toxic Substances Control Act (TSCA) Washington State CSPA Washington State Toxic Reduction Package Maine Toxic Chemicals in Children s Products Law Vermont Toxic Free Families Act Minnesota Ban on Formaldehyde in Certain Children s Products Oregon Toxic Free Kids Act Albany County Local Law J

3 TOXIC SUBSTANCES CONTROL ACT (TSCA) Enacted in 1976 Objective of TSCA is to allow EPA to regulate new commercial chemicals before they enter the market, to regulate existing chemicals when they pose an unreasonable risk to health or to the environment, and to regulate their distribution and use.

4 TSCA REFORM: WILL 2015 BE THE YEAR?

5 WASHINGTON CHILDREN S SAFE PRODUCTS ACT (CPSA)

6 WASHINGTON CHILDREN S SAFE PRODUCTS ACT (CPSA) Requires Disclosure of Chemicals of High Concern to Children (CHCC) in Children s Products. 66 CHCCs. Tiered Reporting; Next Reporting Date for Apparel: August Firms with Sales Between $5 Million and $100 Million. For Baby Clothes, Firms with Sales Between $100,000 and $5 Million reports submitted for footwear in 2012 & 2013 by 18 companies; reports for apparel. Can ban products? NO. Can require labeling? NO. Can require fees? Civil penalties for noncompliance.

7 WHAT S ON THE HORIZON WASHINGTON STATE TOXIC REDUCTION PACKAGE Get toxic chemicals out of consumer products. Pass legislation to require industries to look for safer, alternative approaches when a toxic chemical in commerce that threatens health or environment is identified. Authorize the Department of Ecology to ban the use of certain toxic chemicals when the use is creating unacceptable exposure risk and safer alternatives are available. Accelerate green chemistry to advance the availability of safer chemicals in manufacturing processes.

8 MAINE TOXIC CHEMICALS IN CHILDREN S PRODUCTS LAW

9 MAINE TOXIC CHEMICALS IN CHILDREN S PRODUCT LAW Requires Maine s Department of Environmental Protection (DEP) to classify chemicals into three tiers: chemicals of concern (COCs), chemicals of high concern (CHCs), and Priority Chemicals. Businesses selling covered consumer products (children s products) in Maine must report the presence of Priority Chemicals in their products to Maine DEP. Priority chemicals identified: BPA, NP, NPES, Cadmium, Arsenic & Mercury. Formaldehyde, DEHP, DBP, BBP, DEP selected for priority chemical designation Can ban products? YES. Can require labeling? NO. Imposes fees? One time reporting fee proposed, amount not specified.

10 VERMONT TOXIC FREE FAMILIES ACT S. 239

11 VERMONT TOXIC FREE FAMILIES ACT S. 239 Signed into law June Designates 66 Chemicals of High Concern. Authorizes Vermont Commissioner of Health to expand the list each year. Requires reporting by manufacturers or trade associations if any listed chemical: is intentionally added to a children s product. Is present in a children s product as a contaminant at a concentration of 100 ppm or greater. Can ban products: YES. Can require labeling: YES. Imposes fees: YES $200 annually for each noticed required. Effective date: July 1, 2016.

12 MINNESOTA BAN ON FORMALDEHYDE IN CERTAIN CHILDREN S PRODUCTS (HF 458)

13 MN- HF 458 BAN ON FORMALDEHYDE IN CERTAIN CHILDREN S PRODUCTS Law defines children's products as a product primarily designed or intended by the manufacturer to be physically applied to or introduced into a child's (defined as a person under eight years of age) body, including any article used as a component of such a product. AAFA Position: Minnesota Ban on Formaldehyde in Certain Children s Products does not apply to footwear, apparel, or travel goods

14 OREGON TOXIC-FREE KIDS ACT Requires companies to report to Oregon Health Authority (OHA) any products containing chemicals designated by OHA as high priority chemicals of concern Requires reporting by manufacturers if any listed chemical: is intentionally added to a children s product. Is present in a children s product as a contaminant at a concentration of 100 ppm or greater Green chemistry aspect Allows authority to impose civil penalties. Establishes High Priority Chemicals of Concern for Children's Health Fund. Effective January 1, 2016

15 ALBANY COUNTY, NY LOCAL LAW J: TOXIC FREE TOYS ACT Applies to children s products "Children's apparel," defined as any item of clothing that consists of fabric or related material intended or promoted for use in children s clothing. Per the Act, no person shall sell or offer for sale children s products or children s apparel that contain benzene, lead, mercury, antimony, arsenic, cadmium and cobalt within the County of Albany. The Act will be enforced by the Albany County Department of Health, which will work with the Albany County Department of Law to create rules and regulations which will go into effect one year from the law s filing with the Office of the New York State Secretary of State.

16 WHAT S ON THE HORIZON: States that proposed but failed to pass chemical management bills in 2014 directly related to footwear and apparel Connecticut Illinois Iowa New York Massachusetts Minnesota Oregon Pennsylvania Expect for New York and Minnesota to propose chemical management legislation next year, and possibly the others as well.

17 AAFA CHEMICAL MANAGEMENT ADVOCACY Federal Update to nation s federal chemical management laws. State Risk and exposure assessment. Prioritization. Chemical management program exemptions. You have a say...

18 Environmental Committee Product Safety Council Webinars U.S. & International Product Safety & Environmental Compliance Seminars AAFA RESOURCES Restricted Substances List Prop 65 RSL Washington Guidance Maine Primer California Primer Country Profiles Plastic Bag Chart VPEP

19 THANK YOU Danielle Iverson Manager Government Relations American Apparel & Footwear Association