University of California

COEH Bridges

March 2008

California’s Opportunity to
Reconsider Chemicals Policy

The problem of exposure to toxic chemicals in our everyday environment has been highlighted recently by high-profile media stories about lead and phthalates in toys made in China. This is a longstanding problem that has especially impacted low-wage workers and the low-income communities of color which are often near ports, railroad yards, distribution warehouses, power plants, refineries, and manufacturing facilities.

Efforts by the European Union (E.U.) to change the paradigm of chemicals policy have spurred governmental leaders in California to consider new changes to reduce exposures to toxic chemicals. Rather than wait for post-market reports of adverse health effects and governmental agency testing before taking action to control a toxic chemical, the E.U.’s Registration, Evaluation, and Authorization of Chemicals (REACH) program requires industry to do pre-market product testing for potential toxicity. Companies must register chemicals in a central database to give users in the supply chain the safety information they need. The E.U. is the world’s largest economic bloc, so REACH is creating global changes in industrial practice. The initiation of REACH provides California with a historic opportunity to assume leadership in developing green technological solutions and the possibility to improve state regulation of toxic chemicals.

In 2004, State Senator Byron Sher requested that the UC California Policy Research Center (CPRC) provide the legislature with technical assistance in the area of chemicals policy in response to the challenge of REACH for the California economy. California companies exporting products to the E.U. must abide by REACH requirements. The CPRC established an advisory committee that included multiple members of COEH. Michael Wilson, COEH research scientist, was the principal author of a report to the legislature that highlighted several gaps in California chemicals policy: the data gap (chemical producers do not provide information about production volume, uses, or toxicity); the safety gap (governmental agencies have insufficient tools to identify, prioritize, and mitigate chemical hazards); and the technology gap (companies have inadequate incentives to develop less toxic alternatives). The release of this report added to the mounting public attention to the need to reduce toxic chemicals in our environment.

In 2007, the Department of Toxic Substances Control (DTSC), under the leadership of Director Maureen Gorsen, took up the challenge of closing the gaps identified by the CPRC report and earned Governor Schwarzenegger’s support to launch a Green Chemistry Initiative. To help the initiative gain momentum, DTSC asked COEH faculty at UCLA and UC Berkeley to produce a high-profile publication showing UC faculty’s support of the state’s effort to promote less toxic alternatives to hazardous chemicals in products and processes. Michael Wilson and Meg Schwarzman from UC Berkeley and Timothy Malloy, Elinor Fanning, and Peter Sinsheimer from UCLA were the authors of “Green Chemistry: Cornerstone to a Sustainable California” that was signed by 127 distinguished UC faculty from seven of the campuses (see page 11 for story and a link to download the complete report). When it was released in January 2008, Linda Adams, California’s Secretary for Environmental Protection (Cal/EPA) praised the report, further indicating that UC is an important partner in the agency’s efforts to develop a comprehensive policy for managing toxic chemicals in products. She stated, “California has the opportunity to lead the nation in creating safer substitutes that today’s global markets demand, creating new jobs and products that improve the state’s economy.”

Currently, Chinese toy manufacturers often make two versions of a toy: a phthalate-free version for the E.U. market and a slightly cheaper version for the U.S. market that contains phthalates. The U.S. cannot continue to hide its head in the sand about the dangers of toxic chemicals in products. We must push our governmental leaders at both the state and national levels to take action to remedy the woeful inadequacies of current chemicals and product safety policies. To this end, I am pleased to report that UC Berkeley Chancellor Birgeneau provided the Cornerstone report to E.U. Ambassador John Bruton and signed a memorandum of understanding to work together on green chemistry, energy efficiency, and climate change. COEH will continue to participate in the public dialogue about “greening” California’s chemicals policy.