California’s Draft 2024-2026 Priority Product Work Plan Targets Paints and Microplastics in Safer Consumer Products Program

On May 16, 2024, the California Department of Toxic Substances Control (DTSC) released the draft 2024-2026 Priority Product Work Plan detailing the items to be investigated under the Safer Consumer Products (SCP) program. This plan which focuses on paints and microplastics, continues to build on previous years’ assessments. The draft Work Plan is open for comment until July 1.

Introduction:

The California Department of Toxic Substances Control's (DTSC) Safer Consumer Products (SCP) Program is recognized worldwide for reducing hazardous chemicals in consumer goods. SCP identifies and regulates Chemicals of Concern from a list of Candidate Chemicals that are known to have one or more hazard traits, compelling manufacturers to seek safer alternatives or remove them from products, benefiting homes, workplaces, and ecosystems.

The Work Plan outlines seven consumer product categories to be evaluated between 2024 and 2026. Four categories are carried over, largely unchanged from the 2021-2023 plan:

• Beauty, Personal Care, and Hygiene Products
• Cleaning Products
• Building Products and Materials Used in Construction and Renovation
• Children’s Products

Two categories are carried over and expanded:

• Food Packaging (expanded to Food Contact Articles)
• Motor Vehicle Tires (expanded to Motor Vehicle Parts, Accessories, Maintenance, and Repair Materials)

And the Work Plan includes two new categories:

• Paints (carved out of the Building Products and Materials Used in Construction and Renovation category)
• Products that Contain or Generate Microplastics

Starting with the 2024-2026 edition, Work Plans must incorporate certain additional details, such as information DTSC has on the chemicals that may be of concern within each product category or subcategory, any additional ingredient information needed to evaluate the safety of consumer products, information on how DTSC plans to fill data gaps and timelines for collecting and finalizing the information.

Paints

The rationale for singling out paints in the current Work Plan stems from their widespread use and potential exposure to harmful chemicals, raising concerns about adverse impacts on various groups, including workers, children, and the environment. Chemicals found in paints, such as formaldehyde, acrylic acid, styrene, BPA, benzene, toluene, xylenes, and PFASs, are associated with serious health risks, including reproductive toxicity, developmental toxicity, neurotoxicity, endocrine disruption, respiratory toxicity, etc. Additionally, the release of microplastics and toxic chemicals from degraded paint coatings poses a threat to aquatic life and public health, requiring a thorough evaluation of these risks and mitigation strategies.

Products that Contain or Generate Microplastics

Microplastics fall into two main categories: primary microplastics, such as microbeads, that are intentionally added to products, and secondary microplastics that result from the breakdown of larger plastic items.

Consumer goods such as plastic packaging, synthetic textiles, and even paints can release microplastics during their lifecycle. Recognizing their ubiquitous, persistent, and mobile presence, and their potential harm to both humans and ecosystems, initial investigations into products that release microplastics has been launched, complementing the efforts to include them on DTSC’s Candidate Chemicals List.

Implementation Priorities and Considerations

For the 2024-2026 Work Plan, the Agency’s priorities include:

• Promoting environmental justice, with a focus on how Candidate Chemicals impact vulnerable communities near manufacturing sites.
• Protecting the health of children and workers from potential chemical exposures in consumer products.
• Minimizing releases of Candidate Chemical into indoor air and dust from consumer products.
• Reducing microplastic pollution throughout the lifecycle of consumer goods.
• Protecting California's water resources and aquatic ecosystems from chemical contamination.
• Collaborating with other state agencies to strengthen regulatory efforts.