US State level chemicals policy

While many federal regulatory initiatives exist, states have traditionally been the innovators in environmental and health policy in the United States. Currently, substances such as lead and mercury are being restricted, as well as some flame retardants, phthalates, and chemicals in everyday products. Many state and local governments are undertaking a variety of different policy efforts and are serving as vital laboratories for shaping sustainable chemicals policy.

The Lowell Center for Sustainable Production has developed a State Chemicals Policy Database in an attempt to catalogue these state and local chemicals policy efforts from all 50 states. Chemicals policy, for the purpose of this database, relates to industrial chemicals used in manufacturing processes and incorporated into products, not including pesticides and pharmaceuticals. This includes state and local legislative and executive branch policies that:

regulate the use of chemicals (restrict certain chemicals or uses, encourage chemical use reduction)
stimulate substitution of problem substances
encourage data collection on properties and uses of chemical substances
promote the dissemination of chemical information to users and consumers of chemicals and products containing chemicals
encourage the purchase of products containing safer chemicals
establish frameworks to manage chemicals and products containing chemicals from cradle to grave
encourage research and development of safer chemical products.

The database includes nearly 700 state and local legislative and executive branch policies collected through interviews, a review of various documents and reports, and policy and legislative research. Although the database attempts to capture policy initiatives of interest since 1990, it is not meant to be a comprehensive guide to legislation and regulations in a given state. For a comprehensive source of legislation and regulations in a given state, always consult the relevant state authorities. For each policy, the database provides a brief description of the policy, the status of the policy, the category of the policy, the specific chemicals and products addressed by the policy, and a link to the full text of the policy. This information is vital to characterizing, understanding, and analyzing the range of chemicals policy efforts occurring at the state and local level.

Below are highlights of some 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, is currently being worked on.

In 2008, California enacted two bills that moved the state on the path toward a comprehensive green chemistry program. A.B. 1879 establishes authority for the Department of Toxic Substances Control to create a process for identifying and prioritizing chemicals of concern and to create methods for analyzing alternatives to existing hazardous chemicals. S.B. 509 creates an online Toxics Information Clearinghouse, a web-based database, to increase consumer knowledge about the toxicity and hazards of thousands of chemicals used in California every day.

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 publication of a list of chemicals of high concern. The Act permits the Commissioner of Environmental Protection to designate a chemical of high concern as a priority chemical, at which time a manufacturer or distributor of a children's product that contains the priority chemical must provide certain information to the state. In addition, the Act includes language for an Interstate Clearinghouse to promote safer chemicals in consumer products.

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.

In 2006 TURA was amended for the first time since it was enacted. These amendments focus on reducing the use of higher hazard chemicals, encourage business to improve their environmental performance, and make reporting more efficient. The Massachusetts Department of Environmental Protection published a summary of the amendments.

Massachusetts Act for Providing Safer Alternatives to Toxic Chemicals

Although this has not yet passed, An Act Providing for Safer Alternatives to Toxic Chemicals would permit the annual designation of 1 to 5 higher hazard substances to be evaluated for the availability of safer alternatives. Following this evaluation, the chemical would be designated as a priority toxic substance, at which time a chemical action plan would be prepared. The Act would also require substitution of a safer alternative whenever it is determined that there are safer alternatives for specific uses of a priority toxic substance. 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 identify high priority chemicals that are of high concern to children found through biomonitoring to be within the human body, present in household dust, drinking water, or otherwise in the home environment by 2009. The Act requires manufacturers of products containing high priority chemicals to provide notice to the state. Children’s products or product categories that may contain these chemicals will be identified. A report will be issued accordingly with policy options for addressing the presence of these chemicals in children’s products.