Safer Consumer Products: Listing Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances as a Priority Product in Regulation (Regulation Refere
Summary
SCH Number
2021080404
Public Agency
Department of Toxic Substances Control
Document Title
Safer Consumer Products: Listing Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances as a Priority Product in Regulation (Regulation Refere
Document Type
NOE - Notice of Exemption
Received
Posted
8/20/2021
Document Description
The Department of Toxic Substances Control (DTSC), pursuant to authority granted by Health and Safety Code Sections 25252, 25253, and 58012, approved a regulatory amendment to amend sections 66260.11 and 69511 and add section 69511.4 to Article 11, Chapter 55, Division 4.5 of Title 22, California Code of Regulations. The action will add one new Priority Product, Carpets and Rugs Containing Perfluoroalkyl or Polyfluoroalkyl Substances, to the Priority Products List (Article 11 of the Safer Consumer Products regulations).
Contact Information
Name
Simona Balan
Agency Name
DTSC, Senior Environmental Scientist
Contact Types
Lead/Public Agency
Phone
Email
Location
Counties
Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, Yuba
Regions
Statewide
Cross Streets
Statewide
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Feasibility or Planning Study [14 CCR § 15262]; Data Collection [14 CCR §15306]
Reasons for Exemption
This Priority Product listing requires notifications from any manufacturer of the Priority Product if its product is sold in California and possibly the creation of reports that evaluate alternatives to the Priority Product. DTSC cannot anticipate how individual manufacturers will choose to comply with the regulation, or mandate any particular response.
For instance:
· Any number of manufacturers may elect to stop selling their product in California once the rule is final, or even before.
· Any number of manufacturers may elect to stop producing a particular formula of a suite of products that they currently manufacture to avoid using the named Chemical of Concern.
· Any number of manufacturers may elect to complete an Abridged Alternatives Analysis.
· Any number of manufacturers may elect to complete a two-stage Alternatives Analysis and propose to adopt an alternative product.
· DTSC may need to evaluate Alternatives Analysis Reports and determine if one or more regulatory responses are necessary to address remaining potential exposures or adverse impacts based on the outcome of the reports.
It would therefore be speculative to predict how many (or if any) manufacturers would choose a particular compliance pathway. Further regulatory action is not legally compelled or presumed by DTSC’s decision to list the Priority Product.
DTSC finds that the Alternatives Analysis process meets the definition of a feasibility or planning study for possible future action that has not yet been approved, adopted, or funded (14 CCR § 15262).
Any regulatory response that DTSC may impose following its review of an Alternatives Analysis Report will be subject to CEQA requirements at the point of determination. Such regulatory responses cannot be determined until after the Alternatives Analysis has been completed.
Additionally, DTSC has no evidence of potential direct or indirect physical change to the environment that would result from the required notifications, creation of Alternatives Analysis Reports, or the two automatic regulatory responses that would be triggered by the submittal of an Abridged Alternatives Analysis Report. DTSC has no evidence that this regulation would result in a change in any of the physical conditions within California, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.
Attachments
Notice of Exemption
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