Update on California’s Green Chemistry Rules

It’s been almost two years since we first reported on California’s Department of Toxic Substances Control’s (“DTSC”) then-fledgling Green Chemistry Initiative. At that point, DTSC had just released their first set of proposed regulations that would have added Chapter 53, “Safer Consumer Product Alternatives,” to Division 4.5, Title 22, of the California Code of Regulations. However, in August of 2011, DTSC withdrew the draft regulations (following “intense criticism of the regulations by both environmental and industry stakeholders,” according to Morrison Foerster).

Fast forward to last week, and, well, DTSC is giving it another go. This time, however, they’ve at least made it to the final draft stage. The newly proposed regulations would add Chapter 55, “Safer Consumer Products,” to the same Division and Title of the California Code of Regulations, and, as before, would require manufacturers to seek alternative (and less toxic) ingredients for “chemicals of concern” in widely used products. This latest version of the proposed regulations (as compared with an October 2011 Informal Draft) aims to address – yet again – more concerns from environmental and industry groups.

A summary of the changes from prior drafts can be found here, and in an even easier-to-digest format in this blog post from law firm Jenner & Block.

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