ENVIRONMENTAL LEGAL BLOGS

The Office of Environmental Health Hazard Assessment has announced that it is proposing a notification level for perfluorobutane sulfonic acid, one of the chemicals in the PFAS category. As OEHHA's announcement reads:

[OEHHA proposes a] notification level (NL) ... of 0.5 parts per billion (ppb), based on thyroid toxicity, for perfluorobutane sulfonic acid (PFBS) in drinking water. PFBS is a member of a large class of chemicals known as per- and poly-fluoroalkyl substances (PFAS) that are used in numerous commercial products for their water- and stain-repellent properties. An NL is the concentration of an unregulated drinking water contaminant that does not pose a significant health risk but warrants notification when exceeded.

The technical support document for this recommendation can be found at https://oehha.ca.gov/media/downloads/water/chemicals/nl/pfbsnl121820.pdf

EPA ADDS TO PFAS REPORTING OBLIGATIONS

Effective July 1, 2021 companies must report their use of additional designated PFAS chemicals under the Toxic Release Inventory program.  The list of all specific chemicals requiring reporting can be found at https://www.epa.gov/toxics-release-inventory-tri-program/list-pfas-added-tri-ndaa.

 

There is a reporting threshold of 100 pounds  and de minimis exceptions to reporting, ranging from 0.1% for PFOA and 1% for other PFA's.  See https://www.epa.gov/pfas/basic-information-pfas  for EPA's general information discussion on PFA's.

 

DTSC ANNOUNCES POSTPONEMENT OF HEARING ON PFAS/PFOS IN RUGS AND CARPETS

DTSC has just announced a postponement on a hearing designed to discuss making pfas/pfos in rugs and carpets a priority:

"OnFebruary 28, 2020, notice was given that that the Department of Toxic Substances Control (DTSC) proposes to adopt regulations listing Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances as a Priority Product. Due to the threat of COVID-19, the public hearing for this regulation, originally scheduled for April 13, 2020, is being postponed and will be conducted as a virtual hearing. The comment period for these proposed regulations also will be extended through the date of the virtual hearing. Within the next ten days, DTSC will announce the date, time, and specifics of the virtual hearing. 

"* Please refer to the original public notice that was sent to you on February 28, 2020. You may also view the original notice on our website at:

https://dtsc.ca.gov/regs/proposed-regulation-pfass-in-carpets-and-rugs/ **"

 

DTSC GIVES PRIORITY TO REGULATING PFAS IN CARPETS

The DTSC has announced proposed revisions to Title 22, California Code of Regulations, Sections 66260.11, 69511 and has announced proposing the addition of Section 69511.2. 

Collectively, should these changes become effective, manufacturers of residential or commercial carpeting containing PFAS would have to remove the carpeting from sale in California or conduct an analysis to determine if safer options are available.  "PFAS" refers to per- and polyfluoroalkyl substances; these substances have the benefit of, among other things, being stain and oil resistant.

 

However, the chemicals are suspected of causing, among other things, cancer, cardiovascular problems and developmental problems.  The comment period set by DTSC expires on April 13, 2020. You can submit a comment by going to https://calsafer.dtsc.ca.gov/cms/commentpackage/?rid=12751 and at the right-hand bottom of the screen clicking "Submit a Comment".