The US Environmental Protection Agency (EPA) has  released a summary of public comments received on its proposed expansion of its Safer Choice and/or Design for the Environment (DfE) programs to certify products in additional categories beyond cleaners and disinfectants.

The Agency received 1,528 comments. Approximately 99% of commenters expressed support for expanding the Safer Choice and/or DfE programs.

Of the 1528 comments, 42 were from organizations, 169 from private citizens, and 1,310 were from four mass mailing campaigns, said EPA.

About 69% of the comments received were in support of expansion of the Safer Choice program into cosmetics.

About 26% of comments requested EPA certify fertilizers, and about 2% of comments requested EPA certify pesticides under the Safer Choice and/or DfE programs.

Additional products mentioned in contributor submissions included wipes, paints and coatings, other cleaning products and more.

Insight from Submissions

While most commenters did not explicitly state a preference for expanding Safer Choice versus DfE, commenters generally focused on the Safer Choice program. A few commenters explicitly referenced their support of an expansion of the DfE program for specific product categories.

One commenter noted expanding the Safer Choice program would make it easier to identify and purchase safer products, while enabling brands to market their products to consumers who are increasingly concerned about the safety of ingredients and wary of greenwashing, said EPA.

Another commenter expressed appreciation for the voluntary nature of the Safer Choice program and the simultaneous focus on product performance, ingredients, and packaging, noted EPA.

EPA noted that another commenter noted expansion of the Safer Choice program would allow state and local agencies to leverage the program to advance chemical policies and environmentally preferable purchasing.

According to EPA, a few commenters suggested EPA avoid using the DfE logo in new product categories and instead use the Safer Choice label because it’s more effective for consumer recognition. One commenter also requested EPA use the Safer Choice label on disinfectant products, which are currently eligible to carry the DfE logo. Another commenter recommended EPA use the Safer Choice label for all product categories, except disinfectants. The commenter stated Safer Choice more clearly communicates the benefits of certified products, versus DfE.

nother commenter noted the Safer Choice program does not have congressional authorization and lacks long-term stability and funding authorization. The commenter suggested EPA work with Congress to secure the program’s future given the support for the Safer Choice program from chemical companies, brands, formulators, institutional purchasers, and retail consumers.

The EPA said it is considering all responses to the July 24 request for comment as it continues to explore a potential expansion of the programs. The summary is meant to represent the comments and does not reflect EPA positions, said the Agency.

EPA says it is weighing several factors when determining which sectors to pursue, including:

• Potential human health and environmental impact of the sector;
• Potential to advance environmental justice1 in the sector;
• Potential to address per- and polyfluoroalkyl substances (PFAS) in the sector;
• Functional uses of chemicals typically used in the sector (e.g., colorants, surfactants);
• Number of chemicals used in the sector included in EPA’s Safer Chemical Ingredients List (SCIL); and
• Disposal and other life-cycle considerations.

EPA solicited public input through a Federal Register notice (88 Fed. Reg. 48463) on July 24, 2023, and held a public webinar on August 29, 2023.

As EPA makes determinations on the expansion of the Safer Choice and/or DfE programs, EPA said it will, at a minimum, make stakeholders aware of the change through the Safer Choice or DfE websites.

Comments on Pesticides

Many commenters recommended EPA expand the Safer Choice and/or DfE programs to certify pesticide products.

One commenter noted including pesticides in the Safer Choice and/or DfE programs would benefit consumers by enabling them to identify pesticides that pose the least risks and would help drive innovation in the pesticide industry to develop effective products with safer ingredients, according to EPA’s report.

One commenter recommended EPA expand DfE’s scope to include all pesticides, with a specific focus on products most used in or around the home and in places where children are more likely to be exposed. The commenter requested EPA include criteria designed to protect children most vulnerable to pesticide exposures, consider the likelihood of increased exposures in response to the climate crisis, and include climate criteria for pesticide products.

One commenter recommended EPA expand the DfE program to include adjuvants, chemicals designed to improve the performance of a pesticide that are sold separately and mixed with the pesticide prior to application.

Two commenters recommended EPA expand the DfE program to include “minimum risk pesticides.”3

One commenter noted concerns regarding human and environmental health impacts from pesticides, particularly in underserved communities that experience disproportionate human health or environmental burdens. A commenter stated DfE certification of minimum risk pet pesticide products would give pet owners more opportunity to find and select products that keep their pets healthy as well as meet stringent EPA criteria for efficacy and human and environmental health.

Microbial-based Cleaning Products

A few commenters recommended EPA expand the Safer Choice program to certify microbial-based cleaning products.

One commenter stated microbial-based cleaners use active microbes and bacteria to target and break down dirt and grime and can also actively clean for up to seven days after application. The commenter also noted other third-party certification programs have set standards to allow microbial products within certain conditions. The commenter stated the use of microbial cleaning products instead of petrochemicals would further the Biden Administration’s goal for the bioeconomy.

Another commenter emphasized the importance of microbial cleaners since they can achieve desirable cleaning performance through biological processes.

Industrial Cleaners, Degreasers, Air Fresheners

Two commenters recommended EPA expand the Safer Choice and/or DfE programs to certify industrial degreasers and cleaners, noting these products are hazardous to human and environmental health. Both commenters noted products in this category expose low-income workers and residents in surrounding disadvantaged communities to toxic materials and that substituting these products would provide an environmental justice benefit.

Two commenters recommended EPA expand the Safer Choice and/or DfE programs to certify air fresheners. One commenter noted the complete ingredients in air fresheners are not disclosed to the public due to trade secret protections for fragrances, so it is difficult for consumers to assess chemical exposure from these products.

Disinfectants in Salons

Two commenters noted the use of disinfectants in salons. One commenter requested the DfE program help salon workers identify safer disinfectants that meet their state board’s regulations. The commenter stated most of the common disinfection products found in salons nationwide are either based on chlorine bleach or quaternary ammonium compounds and that these chemicals pose considerable health hazards, which are compounded by the other chemical exposures in salons. The commenter noted providing safer disinfectant recommendations specific for salon worker audiences would be a well- used resource that could reduce harmful chemical exposures in the salon.

One commenter urged EPA to transition antimicrobial products from the DfE logo to the Safer Choice label. The commenter noted EPA’s work to rebrand most product categories as Safer Choice benefits all stakeholders. The commenter noted many consumers do not know the difference between the Safer Choice and DfE logos and may be confused by two logos for similar products. In addition, the commenter noted institutional purchasers may not realize they must specify two different logos when creating specifications for janitorial and cleaning product contracts, inadvertently eliminating safer antimicrobial products from the scope of their contracts.

Laundry Packs and Sheets

Two commenters recommended EPA expand the Safer Choice and DfE programs to certify liquid laundry packets and dissolvable laundry sheets. One commenter noted liquid laundry packets are efficient and sustainable because they decrease raw materials and water used for product formulation and ensure consumers are using the correct measurement of detergent because packets are pre-measured. Another commenter suggested expanding the programs to certify detergent sheets, which are waste-reducing alternatives to plastic bottles of liquid detergent. One commenter suggested EPA evaluate laundry sizing agents because they are used by small businesses and workers.

Wipes

One commenter recommended EPA expand the Safer Choice program to certify sustainable cleaning wipes that are either flushable or biodegradable. The commenter stated this could address problems related to single use wipes that create waste and pollution and clog sewage systems.

Considerations for the SCIL

Two commenters recommended EPA modify the Safer Choice program to allow a higher concentration of acetone in certified cleaning products, such as aerosol brake cleaners and other industrial products. One commenter proposed removing the SCIL functional use class “Specialized Industrial Chemicals” and requested EPA categorize chemicals in this category in a more descriptive class applicable to their use.

Another commenter urged EPA to exclude breast cancer-relevant chemicals from the SCIL, including over 900 that will be identified in a forthcoming scientific publication authored by the commenter. The commenter also suggested the SCIL only include chemicals if they have been tested for inducing of hormone synthesis and estrogen receptor activity and do not show evidence for increasing estradiol or progesterone synthesis or activating the estrogen receptor. In addition, the commenter also stated chemicals should be screened in the complete Organisation for Economic Co-operation and Development (OECD) battery of genotoxicity tests. The commenter noted genotoxicity should be used as a flag for hazard potential since there are gaps in chemical hazard screening and since it is not possible to conduct cancer bioassays on all chemicals under consideration.

Fragrances

Several commenters discussed health concerns with products containing fragrances, especially for vulnerable populations. One commenter noted fragranced products, such as air fresheners and cleaning products, can cause headaches, respiratory problems, eye irritation, and rashes and can emit VOCs that negatively impact the environment, people, and pets. Two of the commenters noted fragrance ingredients are considered proprietary and are not disclosed. Some commenters suggested EPA impose stricter requirements for products that contain fragrances. Specifically, some of these commenters urged EPA to require full ingredient disclosure of all fragrance components in a product to the public, while other commenters suggested EPA only certify fragrance-free products in the Safer Choice program.

One commenter noted the role which fragrance plays within many products and recommended EPA use the International Fragrance Association (IFRA) standards for any potential expansion by the Safer Choice and DfE programs into new product categories to help consumers’ confidence in the safe use of fragrances.