ACC Comments on Release of CA DTSC ‘Priority Products List’ Draft
The draft is part of new state regulations involving unreacted diisocyanates.
WASHINGTON, D.C.–March 13, 2014–The California Department of Toxic Substances Control (DTSC) today released their draft ‘priority products list’ under the state’s Safer Consumer Products Regulations. The American Chemistry Council (ACC) released the following statement in response to today’s announcement:
“Today’s announcement is the first step in a new and, until now, untested regulatory and scientific analysis process designed to determine a product’s risk to consumers and the viability of alternatives. Being included on this list does not mean that the state has determined there is a risk of harm posed by the use of these products.
“We share the goal of chemical safety but are disappointed that today’s announcement included products that are already being actively evaluated by the U.S. Environmental Protection Agency (EPA). Rather than duplicating ongoing federal safety assessments, we urge DTSC to incorporate science-based information from existing sources, including EPA and other authoritative bodies, in order to avoid conflict, gain synergies, minimize costs, and maximize benefits.
“The release of the ‘priority products list’ marks the beginning of a rule making that will include an economic analysis, an environmental assessment and a peer review to determine whether the identified chemicals in products will undergo the alternatives assessment process.
"As implementation proceeds, ACC, our member companies, and other trade associations have continued to express concerns about whether the program in its current form will achieve the Department’s long standing goal of a ‘practical, meaningful and legally defensible’ regulatory program.
“We look forward to our continued engagement with the state to ensure that the program provides consumers access to credible and beneficial information about the products they use and greater confidence in their safety.”
ACC also outlined some important points about the announcement as it relates to spray polyurethane foam systems containing unreacted diisocyanates:
- EPA has stated in their action plan that cured isocyanates are considered to be inert and non-toxic, which is the case once Spray Polyurethane Foam is cured.
- There are several inaccuracies on the DTSC Web site and some misinformation conveyed today during the Webinar about Spray Polyurethane Foam systems containing unreacted diisocyanates. We will work with DTSC to correct that misinformation.
- This is a draft list of products from DTSC. We are confident when DTSC has the correct information, which has been provided to multiple federal agencies including EPA, we will have addressed many concerns underlying today’s announcement.
- Diisocyanates are well-studied and regulatory limits exist for MDI, a diisocyanate, used in spray polyurethane foam.
- The Spray Polyurethane Foam industry has worked for the past several years in collaboration with mulitple federal agencies to increase the best practices for workers who install spray polyurethane foam products. We think this DTSC effort is unnecessary duplication of efforts already underway with the federal government.
- Consumers can and should continue to rely on spray polyurethane foam to help maximize the energy efficiency of buildings where they live, work and play.
About The American Chemistry Council (ACC): The ACC represents the leading companies engaged in the business of chemistry. ACC members apply the science of chemistry to make innovative products and services that make people's lives better, healthier, and safer. ACC is committed to improved environmental, health and safety performance through Responsible Care®, common sense advocacy designed to address major public policy issues, and health and environmental research and product testing. The business of chemistry is a $760 billion enterprise and a key element of the nation's economy. It is the largest exporting sector in the U.S., accounting for 12 percent of U.S. exports. Chemistry companies are among the largest investors in research and development. Safety and security have always been primary concerns of ACC members, and they have intensified their efforts, working closely with government agencies to improve security and to defend against any threat to the nation's critical infrastructure. For more information about the ACC, please use the contact details and links provided below.