California Releases Alternatives Analysis Guide for SCP Programme

California’s Department of Toxic Substances Control (DTSC) has released the first version of the alternatives analysis guide that will be used to support its Safer Consumer Products (SCP) programme.

The document comes after more than a year and a half of development. It is intended to guide manufacturers of priority products through the regulatory alternatives analysis (AA) process, to help them identify safer alternatives to hazardous ingredients in certain consumer products.

During consultation on the document, industry groups raised concerns that the guide lacks specificity to ensure compliance with the SCP regulations, but the DTSC says it has not made changes regarding this.

"The regulations allow flexibility for the responsible entity in conducting an AA," reads a document addressing stakeholder comments. "The department will not prescribe arbitrary thresholds for AA decision-making processes. The burden lies with the responsible entity."

Meredith Williams, deputy director of the programme for DTSC, added: "We have compiled resources and tools that we believe will help manufacturers conduct those evaluations. Manufacturers have the flexibility to integrate those tools that best align with their own business processes so they can be innovative in their approach to identify substitute chemicals."

The scope of the guidance is also unchanged. Although stakeholders questioned whether it exceeds what is required under the SCP programme, the department says it has taken care to ensure the guide does not impose additional requirements nor create new legal obligations.

The DTSC did, however, follow stakeholder recommendations to include detailed reference and guidance documents. It has also added a discussion on how it will treat confidential business information (CBI).

The department says the guide will continue to evolve, and additional tools will be developed, to support regulated parties.

Under the SCP, manufacturers of products designated by the agency as "priority products" must develop an AA. Completed analyses will inform the DTSC's regulatory response to the specified chemicals of concern.

An initial draft of the first phase of the AA guidance was issued in September 2015, with the full draft released for public comment in December 2016.

It has been finalised shortly ahead of the designation of the first priority product – the regulation to designate children’s foam padded sleeping mats containing the flame retardants TDCPP or TCEP is set to take effect from 1 July.

The public comment period on the second priority product – spray polyurethane foam (SPF) containing MDI – ended on 6 June. Regulations to list paint strippers containing methylene chloride are also under development.