Proposed Product Regulations Poses Challenges

In comments filed with the state’s Department of Toxic Substances Control (DTSC), ACI acknowledged the agency for improvements to the regulations that will improve the Department’s ability to implement the regulation. Those changes include:

·A new definition which makes the distinction between an intentionally added ingredient and a contaminant. This distinction will allow DTSC to focus the Alternatives Analysis process on the most relevant aspects of product design and development.

·Focusing the Department’s resources on a robust subset of chemicals that is not so broad as to dilute its importance. The desired effects would send important signals to the market and add a measure of predictability to the process.

·Replacing the “Chemical of Concern” terminology with the “Candidate Chemical” designation, which provides added certainty and clarity to the regulation without diminishing its impact.

Still, ACI is “greatly concerned and dismayed” at the Alternatives Analysis threshold set for contaminants at their detection limit, which ACI believes is “completely arbitrary.”

“The notion of conducting an Alternatives Analysis on a contaminant is nonsensical… contaminants by their definition are unnecessary, so an Alternatives Analysis is not required,” noted Dr. Paul DeLeo, ACI senior director, Environmental Safety. “These regulations should be strictly focused on intentionally added ingredients which are determined to be Chemicals of Concern in Priority Products.”