(February 11, 2009) State regulators at the Department of Toxic Substances Control (DTSC) are busy preparing to start a formal rule­making process to implement California’s new green chemistry program.

The program was authorized by the enactment of 2008 legislation, AB 1879 (Feuer; D-Los Angeles) and SB 509 (Simitian; D-Palo Alto).

These bills provide DTSC with authority to identify chemicals of concern, study them, prioritize chemicals of concern, and regulate certain products that contain these chemicals. According to the statute, DTSC can require labels, ban the use of chemicals in specific products, require reformulation of products, and much more.

Capturing Comments Via Web

Although the formal rulemaking process is slated to begin next month with three workshops, DTSC has started the process of capturing input from stakeholders by creating a “wiki” website. The “wiki” is a website that allows users to respond to questions posed by DTSC, as well as the postings of other users.

The website is essentially a single-page document that is open to the public for editing. When the site was first launched, it simply contained questions posted by DTSC. Since the site’s launch, users have answered questions posed by DTSC, posed some new questions, and posted information they deem to be relevant to the rulemaking process.

Open to Editing

Although the “wiki” site is simply an information-gathering tool for DTSC, some stakeholders have expressed concern about this new tool:

It is difficult for new users of the wiki to determine which questions were originally posted by DTSC so the users can focus their input on issues that DTSC believes to be vital to the rulemaking process.

Content may be deleted or changed anonymously. Unfortunately, this means that the ideas presented are not protected.

Despite these concerns about the integrity of information posted on the site, the CalChamber is urging its members to visit the wiki and look at the information that has been posted. The rulemaking process for California’s green chemistry program will have a profound impact on how consumer products are made and sold in California.

Questions to Answer

Here is a sample of some of the questions:

• Should the process allow for chemicals to be “nominated” by external parties for consideration? 
• Can a chemical identified as a chemical of concern later be “de-selected” based on new or additional information or by filling data gaps? 
• What factors should be considered in assessing performance of a chemical in a product? 
• Should testing be required by manufacturers to demonstrate compliance as a precondition for selling or offering for sale? If so, who would conduct laboratory analytical testing of consumer products? Under what conditions?

Businesses Need to Participate

The wiki is the first step in a regulatory process that will have a significant impact on the California business community. California will soon be in the business of telling companies how to formulate their products. It is vitally important for companies to engage in this process.

The California Chamber of Commerce is a founding member of the Green Chemistry Alliance, an informal group of business associations and companies that are advocating an approach to implementation that values sound science and economic sustainability.

The CalChamber is urging members to visit the wiki and post answers to the questions posed by DTSC. The website is at http://cagreenchem.wikidot.com/start.