Georgia Industrial Growth & the Environment Chemical Regulatory Updates October 24, 2013 Angela Levin Troutman Sanders LLP (404)

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