Regulating PFAS as a Chemical Class under the California Safer Consumer Products Program

Abstract

BACKGROUND: Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a group of manmade chemicals containing at least one fully fluorinated carbon atom. The widespread use, large number, and diverse chemical structures of PFAS pose challenges to any sufficiently protective regulation, emissions reduction, and remediation at contaminated sites. Regulating only a subset of PFAS has led to their replacement with other members of the class with similar hazards, that is, regrettable substitutions. Regulations that focus solely on perfluoroalkyl acids (PFAAs) are ineffective, given that nearly all other PFAS can generate PFAAs in the environment. OBJECTIVES: In this commentary, we present the rationale adopted by the State of California's Department of Toxic Substances Control (DTSC) for regulating PFAS as a class in certain consumer products. DISCUSSION: We at the California DTSC propose regulating certain consumer products if they contain any member of the class of PFAS because: a) all PFAS, or their degradation, reaction, or metabolism products, display at least one common hazard trait according to the California Code of Regulations, namely environmental persistence; and b) certain key PFAS that are the degradation, reaction or metabolism products, or impurities of nearly all other PFAS display additional hazard traits, including toxicity; are widespread in the environment, humans, and biota; and will continue to cause adverse impacts for as long as any PFAS continue to be used. Regulating PFAS as a class is thus logical, necessary, and forward-thinking. This technical position may be helpful to other regulatory agencies in comprehensively addressing this large class of chemicals with common hazard traits.

The True Cost of PFAS and the Benefits of Acting Now

“…Class-based regulation of all PFAS is needed, 15 and California’s recent action to regulate PFAS as a class in consumer products demonstrates that class-based restrictions are possible and desirable. 16 …”

The P-Sufficient Approach: A Strategy for Regulating PFAS as a Class

“…In addition, the authors wrote that other chemical classes may lend themselves to the P-sufficient approach, including nonylphenol ethoxylates in laundry detergents and microplastics. 3 Although many environmental scientists believe a P-sufficient approach is a step in the right direction when it comes to PFAS, 7 it does not completely solve the problem of regrettable substitutions. "Just because something is nonpersistent, doesn't mean that it is safe," Cousins says.…”

“…1 In a commentary published in Environmental Health Perspectives, members of the Safer Consumer Products Program at the California Department of Toxic Substances Control (DTSC) elucidated the scientific rationale for a novel regulatory approach-regulating PFAS chemicals as a class. 3 PFAS are a group of manmade chemicals that have been used widely over the past several decades in industrial applications, commercial household products, and food packaging. 4 Numerous studies suggest that exposure to certain PFAS may be harmful to human health and the health of other organisms, although much remains to be learned.…”

“… 1 In a commentary published in Environmental Health Perspectives , members of the Safer Consumer Products Program at the California Department of Toxic Substances Control (DTSC) elucidated the scientific rationale for a novel regulatory approach—regulating PFAS chemicals as a class. 3 …”

“…In addition, the authors wrote that other chemical classes may lend themselves to the P-sufficient approach, including nonylphenol ethoxylates in laundry detergents and microplastics. 3 …”