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Decisions, Science, and Values: Crafting Regulatory Alternatives Analysis
Timothy Malloy1, Ann Blake1, Igor Linkov1
1University of California, Los Angles, School of Law, Los Angeles, CA, USA.
Prevention-based chemical regulation uses regulatory alternatives analysis (RAA) to find safer alternatives. This analysis integrates private industry design standards with public health and environmental values for effective chemical management.
Area of Science:
- Environmental Science and Policy
- Chemical Risk Assessment
- Public Health
Background:
- Emerging prevention-based chemical regulations aim to reduce toxic chemical use by promoting safer alternatives.
- Jurisdictions like California, Maine, and the EU (REACH) are implementing programs requiring manufacturers to assess alternatives.
- Effective implementation necessitates a robust methodology for comparing chemicals and their alternatives.
Purpose of the Study:
- To introduce regulatory alternatives analysis (RAA) as a key methodology for prevention-based chemical regulation.
- To propose design principles for RAA that integrate private sector product design practices with public values.
- To evaluate RAA methods against both industry standards and public concerns like equity and accountability.
Main Methods:
- Conceptualizing RAA as an extension of product design tools used in private industry.
- Incorporating public health and environmental objectives into the RAA framework.
- Developing and illustrating an integrated set of design principles for conducting RAA.
Main Results:
- RAA serves as a critical tool for evaluating chemicals and their safer alternatives.
- An effective RAA methodology must balance private industry design considerations with public values.
- The proposed design principles provide a framework for evaluating and implementing RAA.
Conclusions:
- Prevention-based chemical regulation relies on effective RAA to identify and adopt safer alternatives.
- RAA must be designed to reflect both private sector needs and public values such as legitimacy and equity.
- This article provides a foundational perspective for developing and assessing RAA methodologies.
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