1. CHEMICALS IN PRODUCTS ECOLOGY’S DATA AND POLICY EFFORTS June 2014 Joshua Grice Research Analyst Reducing Toxic Threats Washington State Department of Ecology (360) 407-6786 joshua.grice@ecy.wa.gov

2. Prevention Benign design Kids & environment protected Manufacturers share the responsibility Safer Alternatives Green Chemistry Phase out PBTs Averting toxic exposures and avoiding future costs is the smartest, cheapest and healthiest approach. Identify Chemicals of Concern Gather data Bans, Limits, Reporting

3. Ecology’s Efforts >>>BANS >>> DATA COLLECTION >>> STAKEHOLDER PROCESSES Bisphenol A in children’s bottles/cups, sports bottles Copper in brake pads, boat paint Toxics in packagingCoal tar sealants PBDEs, including deca-BDE in certain products Chemical Action Plans for Persistent, Bioaccumulative Toxics (PBTs) Children’s Safe Product Act reporting rule Product testing Alternatives assessment guidance Green Chemistry Center Brake pad law Lead in wheel weights

4. Children’s Safe Product Act http://vimeo.com/77732818

5. Children’s Safe Products Act  Passed in 2008  Established limits for lead, cadmium and phthalates in children’s products  Substantially preempted by CPSIA  Requires reporting on Chemicals of High Concern to Children (CHCCs) in children’s products  Law: RCW 70.240  Reporting Rule: WAC 173-334

6. Children’s Safe Product Act Definition of “children’s product” Toys Children’s Cosmetics Children’s Jewelry Children’s Clothing Child car seats Products intended to help a child with sucking or teething, to facilitate sleep, relaxation, or the feeding of a child

7. Development of the CHCC list

10. CSPA – phased-in reporting Manufacturer Categories (US Aggregate Gross Sales) Product Tier 1 Intended to be put in mouth Intended for on skin Mouthable & for under 3 Product Tier 2 Intended for prolonged skin contact (>1hr) Clothing, jewelry Product Tier 3 Intended for short skin contact (<1 hr) Toys Largest ($1 billion+) August 2012February 2013August 2013 Larger ($250 million- $1 billion) February 2013August 2013August 2014 Medium ($100 million- $250 million) August 2013August 2014August 2015 Small ($5 million - $100 million) August 2014August 2015August 2016 Smaller ($100,000- $5 million) August 2015August 2016August 2017 Tiny (>$100,000) August 2016August 2017August 2018

11. Manufacturers report presence of CHCCs by product category and product component. CSPA – reporting framework SegmentExample bricks Arts/crafts/needlework Artists paints/dyes, Artists pastels/crayons, Jewelry craft materials, Sand art supplies Baby care Pacifiers/teething rings, Baby bath safety products, Baby changing mats, Baby furniture/transportation/safety Beauty/personal care Cosmetic aids/accessories, Fragrances, Hair- shampoo, Dental cleansing, Lip Balms Clothing Handwear, Headwear, Skirts, Socks, Trousers/Shorts, Sleepwear Variety Packs Footwear Athletic footwear, Boots, Shoes Household Cushions, Bed sheets/valances, Pillow cases Personal accessories Anklets, Earrings, Necklaces, Rings, Tiaras Toys/games Board games, Practical jokes, Puppets, Developmental/educational toys, Outdoor games, Toy vehicles, Role play – kitchen toys

12. Manufacturers report presence of CHCCs by product category and product component. CSPA – reporting framework Bio-based Materials (Animal or Plant based) ex. leather, horn, silk, wool Glass, Ceramic and Siliceous material Homogenous Mixtures (gels, creams, powders, liquids, adhesives, synthetic fragrances) Inks/Dyes/Pigments Metals (Including alloys) Surface coatings (paints, plating, waterproofing etc.) Synthetic Polymers (synthetic rubber, plastics, foams etc.) Textiles (synthetic fibers and blends) Other

13. Manufacturers report presence of CHCCs by product category and product component. CSPA – reporting framework M ETAL ZIPPERS WITH RUST - PROOF COATING S YNTHETIC CANVAS WITH WATERPROOF TREATMENT P LASTIC CLIPS S YNTHETIC STRINGS WITH FRAY - PROOF COATING F OAM INSULATION FOR LAP - TOP P LASTIC L INER Image: FRUS, Ecovaluate

14. Manufacturers must report the function of the CHCC and in what amount it is present. CSPA – required information AcceleratorDispersantManufacturing additive Solvent AdhesiveEmulsifierMold/press releaseSource contaminant AntioxidantFlame retardantNo function – contaminant Stabilizer Antistatic agentFlavoringpH adjustmentStain prevention Binding agentFragrancePhysical characteristicsSurfactant CatalystGermicidalPlasticizer/softenerTexture Coloration/Pigments/ Dyes/Inks HardeningPreservativeUV stabilizer/ absorber Component of plastic resin or polymer process Inactive ingredientProtective coatingWater proofing Conductive materialLubricantReinforcement/strength

15. Manufacturers must report the function of the CHCC and in what amount it is present. CSPA – required information Reporting Ranges Range 1: = PQL Range 2: = 100 ppm Range 3: = 500 ppm Range 4: = 1000 ppm Range 5: = 5000 ppmRange 6: >= 10000 ppm

16. Children’s Safe Product Act As of April 1, 2014 411 companies have registered in the CSPA reporting database. All listed chemicals have been reported at least once.

17. Reports per chemical

18. Reports per chemical (<100)

19. Reports per segment

20. Reports over time

21. Reports per function

22. Reports per function minus contaminants

23. Top chemicals by function

24. Reports per concentration category

25. Top 5 chemicals in each concentration

26. Phthalates by function

27. Phthalates by segment

28. RED – federal permanent ban in toys & child care articles Still a majority of reports. ORANGE – federal provisional ban in mouthable toys & child care articles GREEN – not restricted

29. Compliance Assurance  Purchase and test products  Compare our results to what has been reported  Provide opportunity for the responsible party to explain any discrepancy  No further action if the agency accepts the explanation  Issue administrative penalty if the explanation in unacceptable including press release  Appeal provisions available

30. Ecology Studies 2011 XRF Screening Tool StudyXRF Screening Tool Study 2012 BPA in Baby BottlesBPA in Baby Bottles 2013 Tier 3 products Phthalates and MetalsTier 3 products Phthalates and Metals 2014 Metals, Phthalates, and Solvents in Clothing Tier 1 &2 Products o Phthalates, metals Phthalates, metals o Parabens, metals Parabens, metals o VOCs, metals VOCs, metals Toxics in Packaging PBDEs and Flame Retardants in Products PBDEs and Flame Retardants in Products BPA Substitutes in Baby Bottles PCBs in various products EAP W2R, HWTR

31. Product Testing Database

32. Next Steps  Analyze reported information  Opportunities for safer alternatives  Ongoing compliance efforts  Product testing  Database deployment

33. Blog Series

34. June 2014 Joshua Grice Research Analyst Reducing Toxic Threats Washington State Department of Ecology (360) 407-6786 joshua.grice@ecy.wa.gov RESOURCES Children’s Safe Product Act: http://www.ecy.wa.gov/programs/swfa/cspa/ RCW 70.270 http://apps.leg.wa.gov/RCW/default.aspx?cite=70.240 WAC 173-334 http://apps.leg.wa.gov/WAC/default.aspx?cite=173-334 Listserv: http://listserv.wa.gov/cgi-bin/wa?A0=CHILDRENS-SAFE-PRODUCTS Search data on children’s products: http://www.ecy.wa.gov/programs/swfa/cspa/search.html