Green Chemistry Alliance Opposes DTSC Rules Proposal
Contends Rules Too Seriously Flawed - Recommends They be Withdrawn - Posted 11/05/10
On November 1st, the industry coalition know as the Green Chemistry Alliance (GCA) gave oral testimony and submitted 169 pages of legal and technical comments and exhibits opposing the DTSC's proposed Safer Consumer Product Alternatives (SCPA) regulations. GCA, which until now has been proactively supportive of DTSC's efforts to promulgate final rules for implementation of the Green Chemistry legislation (AB 1879 and SB 509; 2008) has expressed that it is "incredibly dismayed" at the manner in which DTSC has so sharply deviated from the track they were on when the draft regulation was released in June 2010. GCA contends that, "These [newly] proposed regulations if adopted will have very serious and detrimental impacts on the regulated community and the state's economy." Read complete GCA comments.
In concluding its comments, GCA writes:
"The Green Chemistry
Earlier, GCA submitted comments and testified before the CalEPA Environmental Policy Council (EPA) to make the point that the all encompassing nature of the rules and their lack of clarity regarding how DTSC might implement the rules leave every industry vulnerable to the whims of future regulators. Given the uncertainty of the rules GCA testified the EPC could not, as required by AB 1879, "conclusively determine" that the regulations "will not have any significant adverse impact" on public health or the environment. The EPC, comprised of the Secretary of CalEPA and the six heads of the Boards, Offices and Departments of CalEPA (Water, Air, Recycle, OEHHA, DPR, DTSC) nevertheless summarily dismissed industry's comments and proceeded to make such a ruling thereby assuring a legal challenge if the rules proceed to final promulgation in their current form. See GCA comments to EPC.
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