There will be a public review and comment period following publication of the Priority Products list. It has been widely speculated that nail polish, formaldehyde-based hair straighteners, carpet adhesives and furniture seating foam are among the possible Priority Products that may be identified first by DTSC.
Once a product is identified as a Priority Product, manufacturers or other responsible entities (including importers, assemblers and even retailers) will be required to notify DTSC that their product is a priority product. The manufacturer or other responsible entity then has some unpleasant options: It can remove the product from sale, reformulate to remove or replace the chemical of concern in the product, or perform a complex “Alternatives Analysis” to retain the chemical in the product. The Alternatives Analysis report must be submitted to DTCS for evaluation to determine if there are adverse environmental or public health impacts associated with the product that can be remedied by regulatory responses. The regulatory responses could require product warnings to consumers, restrictions on the use of the chemical during manufacture, place of sale restrictions, administrative controls, further research regarding alternative ingredients, end-of-life disposal requirements, or even a ban on sales of the product in California.
Manufacturers, retailers, importers and assemblers of consumer products for sale or distribution in California should diligently keep informed about developments in the DTSC’s “Candidate Chemicals” list (currently 1,060 chemicals), as well as the development of the Priority Products list. Manufacturers should also consider whether reformulation of their products to exclude the priority chemicals from the “Initial Candidate Chemicals” list is possible. In addition, it is important that businesses establish clear agreements among manufacturers, importers, distributors, retailers and others in the supply chain specifying who will be responsible for complying with California’s tough new regulatory program, including responding to DTSC if a product is identified as a priority product. Conkle, Kremer & Engel’s lawyers stay current on the latest developments, and guide the firm’s clients through the thicket of expanding regulatory issues affecting their businesses.
The 164 chemicals found on the “Initial Candidate Chemicals” list, from which the Priority Products will be identified by DTSC, are:
| 1,1,1,2-Tetrachloroethane | 1,1,1-Trichloroethane; Methyl chloroform | |
| 1,1,2,2-Tetrachloroethane | 1,1,2-Trichloroethane | |
| 1,1-Dichloroethane | 1,2,3-Trichloropropane | |
| 1,2-Diphenylhydrazine; Hydrazobenzene | 1,2-Epoxybutane | |
| 1,3-Butadiene | 1,3-Propane sultone; 1,2-Oxathiolane 2,2-dioxide | |
| 1,4-Dioxane | 2,2-Bis(bromomethyl)propane-1,3-diol | |
| 2,4,6-Trinitro-1,3-dimethyl-5-tert-butylbenzene; musk xylene | 2,4,6-Tri-tert-butylphenol | |
| 2,4.6-Trinitrotoluene (TNT) | 2?Acetylaminofluorene | |
| 2-Methylaziridine (Propyleneimine) | 2-Methylphenol, o-Cresol | |
| 2-Nitropropane | 3-Methylphenol; m-Cresol | |
| 4,4′-Methylenedianiline; 4,4’-Diaminodiphenylmethane (MDA) | 4-Bromophenyl phenyl ether, Bromophenyl Phenyl Ether | |
| 4-Nitrobiphenyl | 4-Tert-Octylphenol; 1,1,3,3-Tetramethyl-4-butylphenol | |
| Acetaldehyde | Acetamide | |
| Acrylamide | Acrylonitrile | |
| Allyl chloride | Aluminum | |
| Aniline | Aromatic amines | |
| Aromatic Azo Compounds | Arsenic and inorganic arsenic compounds | |
| Asbestos (all forms, including actinolite, amosite, anthophyllite, chrysotile, crocidolite, tremolite) | Benzene | |
| Benzene, Halogenated derivatives | Benzotrichloride | |
| Benzyl chloride | Beryllium and Beryllium compounds | |
| Biphenyl-3,3′,4,4′-tetrayltetraamine; Diaminobenzidine | Bisphenol A | |
| Bisphenol A diglycidyl ether polymer; [2,2′-bis(2-(2,3-epoxypropoxy)phenyl)-propane] | Bisphenol B; (2,2-Bis(4-hydroxyphenyl)-n-butan) | |
| Bromate | Butylbenzyl phthalate and metabolite | |
| Cadmium and cadmium compounds | Captan | |
| Carbon monoxide | Carbon tetrachloride; CCl4 | |
| Catechol | Chlorendic acid | |
| Chlorinated Paraffins | Chlorine dioxide | |
| Chlorite | Chloroalkyl ethers | |
| Chloroethane; ethyl chloride | Chloroprene; 2-chlorobuta-1,3-diene | |
| Chromium hexavalent compounds (Cr (VI) | Chromium trioxide | |
| Cobalt metal without tungsten carbide (including dust and cobalt compounds) | Cresols, Cresol mixtures | |
| Cumene, [ isopropylbenzene] | Cyanide and Cyanide compounds | |
| Cyclotetrasiloxane; Octamethylcyclotetrasiloxane (D4) | Diazomethane | |
| Dibromoacetic acid | Dibutyl phthalate and metabolites | |
| Dichloroacetic acid | Dichloroethylenes | |
| Dichloromethane; methylene chloride | Dicyclohexyl phthalate and metabolite | |
| Diesel engine exhaust | Diethanolamine | |
| Diethyl hexyl phthalate and metabolites | Diethyl phthalate and metabolite | |
| Diisobutyl phthalate and metabolite | Di-isodecyl phthalate and metabolite | |
| Di-isononyl phthalate and metabolites | Dimethyl sulfate | |
| Dimethylcarbamoyl chloride | Dinitrotoluenes | |
| Di-n-Octyl Phthalate and metabolites | Dodecamethylcyclohexasiloxane (D6) | |
| Emissions, Cokeoven | Epichlorohydrin; 1-Chloro-2,3-epoxypropane | |
| Ethyl acrylate | Ethylbenzene | |
| Ethylene dichloride; 1,2-Dichloroethane | Ethylene Glycol | |
| Ethylene oxide; oxirane | Ethylene Thiourea | |
| Ethyleneimine, Aziridine | Ethyl-tert-butyl ether | |
| Formaldehyde | Fuel oils, high-sulfur; Heavy Fuel oil; (and other residual oils) | |
| Gasoline (automotive, refined, processed, recovered, and other unspecified fractions) | Glutaraldehyde | |
| Glycol ethers | Glycol ethers acetate | |
| Hexabromocyclododecane (HBCD), and mixed isomers | Hexachlorobuta1,3-diene | |
| Hexachloroethane | Hexamethylene-1,6-diisocyanate | |
| Hexamethylphosphoramide | HMX | |
| Hydrazine, Hydrazine compounds and salts | Hydrogen sulfide | |
| Jet Fuels, JP-4, JP-5, JP-7 and JP-8 | Lead and Lead Compounds | |
| Maleic anhydride | Manganese and manganese compounds | |
| Mercury and mercury compounds | Methanol | |
| Methyl chloride | Methyl isobutyl ketone, Isopropyl acetone; (MIBK) | |
| Methyl isocyanate | Methylene diphenyl diisocyanates | |
| Methylhydrazine and its salts | Methylnaphthalene; 2-Methylnaphthalene | |
| Mineral Oils: Untreated and Mildly Treated | N,N-dimethylformamide; dimethyl formamide | |
| N,N-Dimethylhydrazine | Naphthalene | |
| n-Hexane | Nickel and Nickel Compounds; Nickel refinery dust from the pyrometallurgical process | |
| Nickel oxides | Nickel, metallic and alloys | |
| Nitrate+Nitrite | Nitrobenzene | |
| Nitrosamines | Nonylphenol, nonylphenol ethoxylates (NP/NPEs) (and related substances) | |
| Parabens | Pentabromophenol | |
| Perfluorochemicals | Petroleum; Crude oil | |
| Phthalic anhydride | Polybrominated diphenyl ethers (PBDEs) congeners | |
| Polychlorinated biphenyl (PCB) congeners | Polychlorinated dibenzo-p-dioxins (PCDDs) | |
| Polychlorinated dibenzo-p-furans (PCDFs) and Furan Compounds | Polycyclic Aromatic Hydrocarbons (PAHs) | |
| Propylene oxide | Quinoline and its strong acid salts | |
| Silica, Crystalline (Respirable Size) | Stoddard solvent; Low boiling point naphtha – unspecified; | |
| Strong Inorganic Acid Mists Containing Sulfuric Acid | Styrene and derrivatives | |
| Sulfur dioxide | Tetrabromobisphenol A (TBBPA) | |
| Tetrachloroethylene; Perchloroethylene; (PERC) | Thallium | |
| Toluene | Toluene Diisocyanates | |
| Trichloroethene (TCE) | Trihalomethanes | |
| Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) | Tris(2,3-dibromopropyl) phosphate | |
| Tris(2-chloroethyl)phosphate (TCEP) | Vanadium pentoxide | |
| Vinyl acetate | Vinyl Bromide, Bromoethylene | |
| Vinyl chloride; chloroethylene | Xylenes; [o-xylene (95-47-6), m-xylene(108-38-3)and p-xylene (106-42-3)] |
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