The 2014 legislative session was challenging, as states debated the merits of banning chemicals in consumer products—especially products used by children. While Congress continued its good faith effort to reform the federal Toxic Substances Control Act (TSCA), it was not enough to hold back state legislatures from attempting reform within their own borders. From Oregon to Vermont, state legislators took on the issue and were met with some success.

Enacted in 1976, TSCA established a number of mechanisms for the U.S. Environmental Protection Agency (EPA) to manage chemical risks. Those include the screening of new chemicals, testing existing chemicals, and restricting activities involving substances that present unreasonable health or environmental risks. Approximately 84,000 chemicals are listed on the TSCA inventory, and the EPA requires testing on more than 200 of these. Rules to ban or limit certain chemicals have been issued, yet there have been no major changes to the statute in the past 38 years, and no changes are likely this year.

In the continued absence of any major push to overhaul the federal chemicals management laws, states have stepped in. States continue to ramp up efforts to consider and enact new policies intended to monitor and regulate the production, labeling, use, and disposal of chemicals and a wide range of products containing chemicals. The states will redouble their efforts in 2015.

During the past decade, the states have gained momentum to address the issue of chemicals in commerce. Three themes have emerged since 2002, when states began looking to regulate chemicals. They include banning further use of individual chemicals, broad-based initiatives representing mini-TSCA’s that would ban or restrict the use of classes of chemical compounds, and publishing lists of priority chemicals and participating in an interstate clearinghouse of information on chemicals of concern.

Maine, Washington, California and Minnesota enacted broad chemicals initiatives in 2008 and 2009. Of these initiatives, California’s is the most sweeping. Commonly referred to as “Green Chemistry,” the state recently released the final regulations governing the Safer Consumer Products Act and identified three priority product candidates for further rulemaking. The candidates are: children’s foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP); spray polyurethane foam (SPF) systems containing unreacted diisocyanates; and paint and varnish strippers and surface cleaners containing methylene chloride. Food contact materials may be next, even though they are fully regulated by the U.S. Food and Drug Administration.

In the past year, Oregon, Connecticut, Minnesota, Vermont, Massachusetts, New York, and Florida entertained their own proposals, with mixed results. Vermont enacted legislation while the others came close. On the heels of the 2014 fall elections, states will begin the process of pre-filing legislation in anticipation of the start of the 2015 legislative session. Expectations are that more chemical regulatory schemes will be unveiled, not only in the states listed above, but others as well. Unlike in the previous five years, state revenues are up and budget coffers are once again replete. As a result, states will likely spend on legislative “wants” or new programs that are believed feasible.

SPI supports the safe manufacture of all products, and the regulation of product materials at the federal level. When each state passes this type of individual law, product safety is not necessarily improved, and compliance becomes unwieldy and costly to consumers and manufacturers.