Recent State Agency Actions in Maine, Oregon and Washington to Regulate Consumer Product Ingredients

The state of Washington’s Department of Ecology has proposed an amendment to its Children’s Safe Products Reporting Rule. The amendment would add tris(1,3-dichloro-2-propyl)phosphate(TDCPP)(CAS #13674-87-8) to its chemical of high concern to children(CHCC) list. TRIS is a flame retardant, and is on other state’s chemicals of concern lists. The amended rulemaking was initiated in response to a petition filed to add TDCPP to the CHCC list. The Department of Ecology’s Director decided to proceed with this rule making based on two pieces of criteria:

1. Clear evidence that the chemical in question, TDCPP, meets the relevant criteria to be considered a Chemical of High Concern to Children.

2. Exemption criteria 3(d), “necessary to protect public health, safety, and welfare or necessary to avoid an immediate threat to the state’s natural resources,” outlined by Office of Financial Management.

This comes on top of Washington preparing for the first reporting cycle of the Children’s Safe Product Reporting Rule coming at the end of August, which we recently wrote about here.

Maine also moved forward recently as The Maine Department of Environmental Protection(DEP) met a deadline set by the legislature to release a list of chemicals of high concern by July 1, 2012. The list was put together by Maine’s DEP, the Maine Department of Health and Human Services(HHS) and the Maine Center for Disease Control and Prevention(CDC). The list contains 49 chemicals of high concern that are present in every day products and considered dangerous to children. The DEP was allowed to include up to 70 chemicals on the list. The DEP is open to adding or subtracting chemicals to the list, one just has to file a petition on a specific chemical for it to be addressed. For more information on visit our previous blog.

And in Oregon, the Department of Environmental Quality is exploring new regulations and is currently receiving comment until August 24, 2012 on “Materials Management in Oregon: 2050 Vision and Framework for Action.” Part of the plan calls for the Department of Environmental Quality to adopt a Toxics Reduction Strategy, which will include a priority list of toxic chemicals and 25 actions to reduce and assess toxics in Oregon. The plan states that products or packaging which currently contain toxics can impede recycling and harm public health. It also notes that current investment in green chemistry research, development and education is limited.