Chemical Information Call-In FAQs

What Is The Intent Of Chapter 699 of The Health and Safety Code?

Health and Safety Code Chapter 699, Sections 57018-57020 were added as a result of the adoption of Assembly Bill (AB) 289 (2006).  They are intended to make relevant information on the fate, transport, analysis and other information on chemicals more available in order to better assure that workers, the public and the environment are adequately protected from possible harm from chemicals. The law places the responsibility for this information on those who manufacture or import the chemicals.

What Companies Are Affected?

The law applies to companies or individuals who produce a chemical in California or those who import a chemical into the state for sale in California.

What Chemicals Are Covered By The Law?

Chemicals include any organic or inorganic substance of a particular molecular identity (from the definition of “chemical substance” in Section 2602 of Title 15 of the United States Code.) Mixtures, pesticides, tobacco, nuclear material, food, food additives, drugs, cosmetics and certain other chemicals are excluded.

What Chemicals Will DTSC Focus On Initially?

The first chemical DTSC intends to call-in information on is carbon nanotubes (CNT) – an important emerging nanotechnology material.  Other chemical classes to be considered for information call-in during 2008/2009 include: members of the methyl siloxanes (i.e., decamethylcyclopentasiloxane); members of the brominated flame retardants; and other nanomaterials such as nanometals and quantum dots.  Additional chemicals will be chosen in the future, based on the need for information about their fate and transport, analytical test methods, and other relevant information.

Why Were These Initial Chemicals Chosen?

These chemicals are of interest to DTSC because they are in use commercially and because there are important data gaps on analytical methods, toxicity, physicochemical properties, or fate and transport, or other key environmental and/or health parameters.

What Type of Information Will Be Requested?

The information needs will be determined after consultation with manufacturers of each chemical, and others. AB 289 specifically identifies certain types of information about the chemicals that may be requested by the Department, including but not limited to: Analytical test methods (including for metabolites and degradation products for the chemical in relevant matrices); the octanol-water partition coefficient and bioconcentration factors for humans for the chemical; and information on the fate and transport of the chemical in the environment.  In order to develop a complete understanding of the issues associated with a specific chemical, information regarding the manufacture, materials flow, and product application may also be needed.

Why is the Information Needed? 

It is not enough just to say that the chemicals we make or use are safe. Experience has shown that information on fate, transport and our ability to detect the chemicals all play an important role in the ultimate safety of the chemicals in commerce. In the case of nanomaterials, we need to begin early, before widespread use of the materials leads to unintended consequences. In the past, important technical revolutions like the silicon chip industry have moved forward ahead of understanding about how to deal with wastes or the effects of the chemicals used in manufacturing on workers or the environment. Silicon Valley has seen its groundwater polluted with solvents and the industry has spent hundreds of millions of dollars responding to over 20 superfund sites over the past several decades. Had information about fate, transport and detection in the environment been available, it is likely that much of that could have been avoided.

How Does This Relate to The Department's Green Chemistry Initiative?

The Green Chemistry Initiative is based on the belief that there is a need to develop information on the hazards posed by chemicals, find ways to reduce exposure to dangerous substances, identify approaches that encourage cleaner and less polluting industrial processes, and that manufacturers should take greater responsibility for the products they produce. Collaboration between government, industry, universities and others to assure that information on chemicals, such as contemplated by the new law, is necessary for this to happen.

How Will The Department Minimize Inefficient Duplication of Effort in Gathering the Information?

To help minimize the burden of gathering information, companies are urged to participate in the discussions through this chemical call-in process. DTSC will facilitate by providing on-line resources, meetings and other methods. We encourage your ideas as well. We will also consult with manufacturers about technical feasibility of developing requested information. Cal/EPA will assure that there are not multiple requests for similar information.

How Will Manufacturers Know What Information the Department Already Has?

Pursuant to 57019 (c)(2), we have begun compiling information on some of the initial chemicals, including information from publicly available sources in state, federal and intergovernmental databases as required by Chapter 699, as well as from a broader search of relevant literature on the Internet. We will post the information we have already compiled in the near future and add to it as we continue to build on the information base. Developing a useful database is one of the goals of this effort.

What If The Information Is Not Currently Available?

Section 57019 (d)(2) states that upon request of a state agency, the manufacturer, within one year, shall provide the state agency with the additional information requested for the specified chemical.

How Will Trade Secrets Be Protected?

DTSC understands that some of the information we will request may be considered “confidential business information” (CBI).  When the manufacturer believes information requested should be considered confidential, the Department will review the confidentiality claim and, if appropriate, keep the information out of the public domain. We want to explore innovative methods of maintaining CBI with manufacturers.