Georgia Industrial Growth & the Environment

Chemical Regulatory Updates

October 24, 2013

Angela Levin Troutman Sanders LLP (404) 885-2622 [email protected]

Topics

• Congressional TSCA Reform Efforts • EPA’s Proposed Formaldehyde Standards • California Green Chemistry Initiative

C

HEMICAL

S

AFETY

I

MPROVEMENT

A

CT

(CSIA)

CSIA Provisions

• Safety Standard:

No unreasonable risk of harm from exposure under intended conditions of use

• Prioritization of New and Existing Chemicals • Preemption of State Law (Prop 65) • Role of Alternatives

CSIA Critiques

• Breadth of Preemption • No set timelines for EPA action • Insufficient protection of vulnerable populations • Product liability litigation bar

CSIA Status & Next Steps

• 25 co-sponsors, bipartisan support • Senate and House hearings recently held • Markup by Boxer and/or Vitter

F

ORMALDEHYDE

R

ULES

Background

• In 2010, Congress passed Formaldehyde Standards for Composite Wood Products Act • Set formaldehyde emission limits for composite wood products – Based on CA standards – Apply even if materials incorporated into a finished good

Status & Scope

• Proposed regulations issued June 10 • Comment period closed October 9 (after 2 extensions) • Applies to manufacturers, retailers, and importers of composite wood products and of finished goods that incorporate composite wood products (28+ industrial sectors) • Generally tracks California standards, with exceptions – Certain laminated products are not exempted – Different third-party certification process

C

ALIFORNIA

S

AFER

C

ONSUMER

P

RODUCTS REGULATIONS

Background

• Regulatory process started with 2008 legislation • Requires manufacturers to seek alternative safer chemical ingredients in widely used products

Scope & Status

• Regulations approved on August 28, take effect on October 1 • DTSC has published initial list of 150 Candidate Chemicals • Must publish initial list of 5 Priority Products by April 1, 2014 • Triggers alternatives analysis by products’ manufacturers

Takeaways for Georgia Industry

• Green chemistry is the future • Increasing regulation of products • Preemption is important aspect of national reform