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US State level chemicals policy

While many federal regulatory initiatives exist, the American states have traditionally been the innovators in environmental and health policy in the United States.  For the most part state level chemicals regulation, including taxation is permitted, despite the existence of federal policy in this area.  Substances such as lead and mercury are being restricted, as well as some flame retardants and phthalates.

A full database of passed and pending state level chemicals legislation happening across the country is coming soon!

Below are highlights of key chemicals policies in the states.

California Green Chemistry Initiative

In 2007 the California Department of Toxic Substances Control, part of the California Department of Environmental Protection began a Green Chemistry Initiative, a partnership between government and industry.  The mission of the Initiative is to work collaboratively to fill gaps in chemical safety information and promote the use of green chemistry to find alternatives to harmful chemicals currently in use.  This program is modeled after the approach taken in the European Union, and focuses on renewable feedstocks, recycling elements used in production for reuse, and on eliminating waste altogether as opposed to finding an appropriate disposal method once waste has been generated. The Initiative has two phases: phase 1 took place in 2007 and resulted in collaborative brainstorming of ways to fill information gaps ; while phase 2, an analysis of these options, will conclude in June of 2008.

Maine: Act to Protect Children’s Health and the Environment from Toxic Chemicals In Toys and Children’s Products

Maine enacted the “Act to Protect Children’s Health and the Environment from Toxic Chemicals in Toys and Children’s Products” in April of 2008.  The Act calls for the identification of 100 chemicals of high priority, at which time producers or manufacturers of these chemicals will have 180 days to register their use with the state.  The Act also includes language for an Interstate Clearinghouse of information on alternatives to these high priority chemicals.

Massachusetts Toxic Use Reduction Act

Massachusetts passed the Toxics Use Reduction Act (TURA) in 1989 to promote the Massachusetts economy through clean production manufacturing.  The Toxics Use Reduction Institute was established as part of the Act which assists Massachusetts firms with reducing and eliminating their need for toxics during production.  TURA set the challenge of reducing the amount of toxic waste generated statewide by 50% by 1997 without limiting the ability of business to succeed.  TURA has shown to be effective in meeting this challenge; since 1990 more than 1,000 firms have participated in toxic use reduction activities, many of them no longer needing assistance after eliminating the use of toxic substances all together.

Massachusetts Act for Providing Safer Alternatives to Toxic Chemicals

An Act Providing for Safer Alternatives to Toxic Chemicals prioritizes 10 priority chemicals for phase-out and replacement with safer alternatives.  The bill would promote research and design of more and better alternatives to these and other toxic substances, and would provide for the transition of workers who might be impacted by these activities.  The bill has the support of a broad coalition of labor, environmental, and public health groups known as the Alliance for a Healthy Tomorrow.

Michigan Green Chemistry Executive Directive

In 2006 Michigan Governor Jennifer Granholm signed an Executive Directive mandating that the Michigan Department of Environmental Quality (DEQ) to coordinate a state-wide effort to increase economic development and prevent pollution through green chemistry initiatives.  Specifically, the directive calls for increased research, promotion, and development of less-toxic or non-toxic chemical alternatives to hazardous chemicals currently in use. 

Washington Children’s Safe Products Act

The state of Washington passed the Children’s Safe Products Act of 2008 which calls for the virtual elimination of phthalates, lead, and cadmium in children’s products.  Children’s products includes cosmetics, jewelry, toys, and other products intended for or marketed to children under the age of 12.  The Act also calls for the state to develop an inventory of potentially harmful chemicals found through biomonitoring to be within the human body, present in household dust, drinking water, or otherwise in the home environment by 2009.  A list of children’s products containing substances included in this inventory will then be generated and evaluated.  A report will be issued accordingly with policy options for addressing the presence of these chemicals in children’s products.