MASSACHUSETTS H.B. 3997 – Chemical Bans/Restrictions

Sponsor: Joint Committee on Environment, Natural Resources and Agriculture

Summary: Establishes that the Toxics Use Reduction Institute (TURI) may develop recognition programs to promote the priority chemical substance reduction achievements of industry and communities. Establishes that, in consultation with the Science Advisory Board, TURI shall publish a “chemicals of concern” list.

Requires that the advisory council appointed by the administrative council on toxics use reduction, as established in existing statute, (1) must conduct a study and approve recommendations on funding mechanisms for the safer alternatives in products program; and (2) may provide comment to the council on all aspects of the safer alternatives program, including recommendations for chemical substances to be designated as priority chemical substances and comments relative to chemical action plans, safer alternatives assessment reports and the composition of the chemical list. Establishes a technical assistance grant program to assist organizations of consumers or workers focused on the impact of substitutions of safer alternatives in specific products, sectors, or uses.

States that the council shall promulgate regulations that establish processes and procedures for designating priority chemical substances and require notification by businesses to the Department of Environmental Protection (DEP).

Requires manufacturers and users of a priority chemical substance to notify the TURI and the Department of Environmental Protection within six months of the designation of that substance.

Requires manufacturers to file a notice with the Toxics Use Reduction Institute and the Department of Environmental Protection identifying the consumer product, the approximate number of units distributed in the Commonwealth, an estimate of the amount or concentration of the priority chemical substance contained in each unit, the purpose for including the priority chemical substance, and the name, address, and phone number of a contact person, and other relevant information the Department of Environmental Protection may require.

Directs users of a priority chemical substance to file notice with the Toxics Use Reduction Institute and the Department of Environmental Protection identifying the name and address of each facility where the priority chemical substance is manufactured, processed, or otherwise used, the mass of each priority chemical substance manufactured, processed, or otherwise used, the purpose for using the priority chemical substance, and the name, address, and phone number of a contact person, and other relevant information the department may require.

Requires manufacturers of a consumer product containing a priority chemical substance to provide notice to any person who sells, offers to sell, or distributes such product for use in the Commonwealth, identifying the priority chemical substance, its purpose in the consumer product, any measures that should be undertaken to reduce a user’s exposure to the priority chemical substance, and proper management for discarding the consumer product safely at the end of its useful life.

Requires TURI to prepare a Safer Alternatives Assessment Report for each substance designated by the council as a priority chemical substance. Requires DEP to prepare a chemical action plan no later than 18 months after the council identifies priority chemical substance uses, including draft regulations. States that the report must include (1) the uses and functions of the priority chemical substance; (2) whether alternatives are available for those selected uses and functions of the priority chemical substance; (3) whether any of the selected uses of the priority chemical substance are of a clearly unnecessary nature; (4) a qualitative discussion of the economic viability, opportunities and costs associated with adopting and implementing any safer alternatives; and (5) selected uses of the priority chemical substance that do not currently have a feasible safer alternative available and make recommendations for promoting research and development of such alternatives, as well as any interim actions that may be taken to reduce human exposure to the priority chemical substance until a feasible alternative is available, especially if workers and children will be exposed to the chemical.

Requires the DEP, in cooperation with TURI, to develop chemical action plans for cadmium as found in children’s products, trichloroethylene as found in industrial degreasers, and nonylphenol ethoxylates as found in household cleaning products.

Provides that (1) requirements for handling, storage or waste management to reduce exposure to workers and consumers to the chemical substance; (2) consumer product labeling; and (3) limitations on certain continued uses of the chemical substance in specific applications may be included in a chemical action plan where no safer alternative has been found.

Click Here for Full Text of Bill

Status: Introduced; referred to Joint Committee on Health Care Financing 4/2/2014. Text and number of redraft released 4/7/2014. Discharged from Joint Committee on Health Care Financing; referred to House Committee on Ways and Means 5/19/2014.

About PBA Government Affairs
The Professional Beauty Association (PBA) advocates for the rights of every member and is dedicated to tracking, introducing and responding to legislation at both the state and federal levels with potential to affect the beauty industry. Visit probeauty.org/advocacy or contact Bridget Sharpe at bridget@probeauty.org for more information.