DTSC to Release Second AB 1879 Draft Regulatory Proposal
The California Department of Toxic Substances Control ("DTSC") anticipates releasing today its second draft regulatory proposal implementing AB 1879. The proposal will establish the framework for the identification of chemicals of concern ("COCs") in consumer products by:
- identifying specific product categories for further health and environmental end-point evaluation and possibly safer alternatives analysis. Product categories will include products intended for use by children; products intended for use in K-12 schools; furnishings; clothing; and products intended to be applied to the body;
- identifying specific chemicals as COCs. These include lead, arsenic, bisphenol A and perfluorooctanoic acid; and
- identifying chemicals identified in other lists, such as California's Proposition 65, or by other jurisdictions (e.g., Canada) as presenting health and/or environmental concerns.
The draft regulatory proposal also establishes the basis for prioritizing COCs for safer alternatives assessments. For example, it identifies as a top priority those COCs that have been detected in humans through human biomonitoring programs. With respect to possible response actions following any safer alternatives assessment, if the assessment concludes that no alternatives to the COC exist, the product will be banned five years thereafter.
The proposal is a pre-decisional document not subject to formal public notice and comment. Nevertheless, DTSC will be inviting comments to this second draft proposal, thereby providing further opportunities for stakeholders to shape the regulation. Businesses wishing further information about the proposal or how to submit comments to DTSC should contact Ann Grimaldi.