Through its “Green Chemistry Initiative,” the California Department of Toxic Substances Control (DTSC) plans to establish a new framework for chemicals management which would have major adverse implications for all types of industries including the electronics industry. Much worse than RoHS, Green Chemistry would ban many chemicals and mandate the use of so-called “safer alternatives.” Like Prop 65, Green Chemistry would require manufacturers to disclose the substances used in their products based on hyper-inflated risk scenarios.

The California Environmental Protection Agency is holding a public workshop on Friday, April 25, 2008, in downtown Sacramento to identify options to strengthen consumer protection laws as part of its Green Chemistry Initiative. The recommendations will be presented in a report from Linda Adams, Secretary for Environmental Protection, to Governor Arnold Schwarzenegger this summer.

Detailed information about the April 25^th workshop can be found at the DTSC web site. The workshop will also be presented as a webcast. Please go to http://www.calepa.ca.gov/Broadcast/ for directions to listen to the workshop.

All interested parties, including workshop participants and those unable to attend the workshops, are encouraged to post their comments on Strengthening Consumer Protection using the “Conversation with California” green chemistry blog site at http://californiagreenchemistry.squarespace.com/welcome/

If you cannot attend this workshop, another workshop will be held on May 8, 2008, in El Segundo, California on the same topic. For the latest information on upcoming workshops, visit the DTSC web site.

Background

On April 20, 2007, CalEPA Secretary Linda Adams announced that, in the face of recent attention to green chemistry and chemicals management concepts by other governments and academia, as well as increasing interest by the California legislature (more than 50 bills in 2007 alone), the Governor was implementing the Green Chemistry Initiative.California established a public blog and has been holding stakeholder meetings to receive input on four main green chemistry topics, including:

• A framework to design less toxic products;
• How the state should stimulate green chemistry;
• How to design a strategy that encourages manufacturers to assume greater responsibility for products and processes that involve toxic materials; and
• How to develop policies to avoid toxins in products by accident.

In January 2008, a report of options for the Green Chemistry Initiative report was delivered to the CalEPA Secretary. A public draft framework is expected to be released in mid-May. On July 1, 2008, a final report is to be made to the Secretary on recommendations for a statewide green chemistry framework.

The Green Chemistry Initiative is based on the assumption that the presence of certain chemicals, even at extremely low levels, is a de facto risk, and these chemical ingredients should be banned and substituted with other chemicals of allegedly lesser concern. The philosophy underlying this initiative represents a major shift away from the scientific, risk-based approach that has characterized U.S. chemicals regulation policy to embrace the precautionary approach exemplified by European chemicals regulation in REACH. California’s Green Chemistry Initiative would set a negative precedent for chemicals management reform.