State PFAS Rules Continue to Proliferate

As we previously reported, many states are regulating the use of per- and polyfluoroalkyl substances (PFAS) chemicals this year.  Below are important updates from the past two weeks on the dozens of developments we are tracking:

PFAS Treatment Regulation Becomes Effective April 1, 2022

Effective April 1, 2022, treatments containing PFASs for use on converted textiles or leathers become a priority product under the Safer Consumer Products Program in California.  The regulation includes products that contain PFASs marketed or sold in California for the purpose of eliminating dirt or stains or repelling stains, dirt, oil, or water from textile or leather products such as carpets, rugs, upholstery, clothing, and shoes.

Manufacturers of treatments for use on textiles or leathers that contain any member of the class of PFAS that sell those products in California must submit a notification for those products by May 31, 2022 to the Department of Toxic Substances Control (DTSC). The notification must name all the manufacturer’s products that both contain PFASs and are sold in California. After submitting the notification, manufacturers will have the option to remove the chemical, replace it or submit a preliminary alternatives analysis report to DTSC.

Bill Introduced to Prohibit PFAS in Textiles, including Bedding

AB 1817 would prohibit the use of PFAS in textiles, including apparel, furnishings and bedding at intentionally added levels.  The bill would go into effect January 1, 2024.  The Assembly Committee on Environmental Safety and Toxic Materials has announced it will hear the bill on March 22, 2022.

Regulations for PFAS Waste

Connecticut has adopted final waste regulations requiring companies that release PFAS contaminated chemicals into sewers to report such releases to the Department of Energy and Environmental Protection.  This regulation goes into effect immediately.

Hearing on Juvenile Products PFAS Bill

Minnesota HF 3571 would prohibit the use of PFAS in children’s products, which includes toddler and crib mattresses.  The bill specifically excludes adult mattresses.  The bill was heard today in the Preventive Health Policy Committee.

Please let us know if these or other PFAS measures affect your business.  As we continue to track these measures, member input is invaluable to focusing our attention on those bills that matter most to our industry.