Beginning the second half of 2008, the Department of Toxic Substances Control (DTSC) started the process to request information regarding analytical test methods, fate and transport in the environment, and other relevant information from manufacturers of certain chemicals of concern, pursuant to Assembly Bill (AB) 289, which was signed into law in 2006. The term “manufacturers” includes persons and businesses that produce chemicals in California or import chemicals into California for sale. The purpose of these information requests is to identify information gaps and to develop information about the chemicals.
This new authority is contained in the Health and Safety Code, Chapter 699, sections 57018-57020. These code sections are intended to make relevant information on the fate and transport, analysis, and other information on chemicals more available, and to fill information gaps where necessary. The law places the responsibility to provide this information to the Department on those who manufacture or import the chemicals.
Typically, the chemicals that will be the focus of information call-ins will be selected by DTSC because they are in use commercially and because data on analytical methods, toxicity, physicochemical properties, or fate and transport are largely unavailable. The chemical call-ins will help develop the existing body of information on chemicals of concern and will identify gaps in the existing information that could be filled to better protect human health and the environment.
DTSC has begun compiling information on chemicals from publicly available sources, as required by Chapter 699, as well as from a broader search of relevant literature on the Internet. DTSC will post the compiled information for each chemical on the DTSC Web site in the near future and add to it as the Department continues to build on the information base. Developing a useful database is one of the goals of this effort.
Health and Safety Code Section 57019 states that upon request of a state agency, a manufacturer will provide the state agency with the additional information requested for the specified chemical within one year.
In conducting these requests, DTSC and the California Environmental Protection Agency will minimize or eliminate duplicate requests for the same or similar information. DTSC will also coordinate with manufacturers of the same chemical to develop and submit the requested information in an equitable and resource-efficient manner and, to the extent practicable, minimize the cost burden on individual manufacturers.
The law also requires DTSC to:
(1) Post an announcement on the DTSC and Cal/EPA Internet Web sites that seeks information found in subdivision (d), including the chemical for which it seeks information, the type of information it is seeking, and the reason for seeking the information. This announcement fulfills this requirement.
(2) Conduct a search for the information it seeks of all known public sources of information on the chemicals for which an announcement has been posted as stated in paragraph (1). All known public sources include public and electronically searchable databases maintained by the federal and state governments, and intergovernmental organizations.
(3) Make reasonable attempts to contact all manufacturers of chemicals listed for which an announcement has been posted as stated in paragraph (1) to obtain any relevant information that may be held by manufacturers but is not publicly available.
(4) Make reasonable attempts to consult with all manufacturers of chemicals listed for which an announcement has been posted as per paragraph (1) to determine what additional information, if any, those manufacturers need to develop to assist the state agency in evaluating the fate and transport of those chemicals in the relevant matrices.
(5) Make reasonable attempts to consult with all manufacturers to evaluate the technical feasibility of developing the information requested by the agency.
The information that DTSC will request may include, but is not limited to, any of the following:
(A) An analytical test method for that chemical, or for metabolites and degradation products from that chemical, that are biologically relevant in the matrix specified by the state agency.
(B) The octanol-water partition coefficient and bioconcentration factor for humans for that chemical.
(C) Other relevant information on the fate and transport of that chemical in the environment.
Health and Safety Code Section 57020 of the law covers trade secrets. DTSC will, of course, respect trade secrets as required and will work with manufacturers on methods to accomplish that.
