CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1369
ever comes later. At this time, no public hearing is 
scheduled. A person may request a hearing no later 
than November 1, 2021 .
The Department of Conservation  has determined 
that the proposed amendments:
1. Impose no mandate on local agencies or school 
districts.
2. Impose no costs or savings on any state agency.
3. Impose no costs on any local agency or school 
district that are required to be reimbursed under 
Part 7 (commencing with Section 17500) of 
Division 4 of Title 2 of the Government Code.
4. Will not result in any nondiscretionary costs or 
savings to local agencies.
5. Will not result in any costs or savings in federal 
funding to the state.
6. Will not have any potential cost impact on private 
persons, businesses or small businesses.
All inquiries concerning this proposed amendment 
and any communication required by this notice should 
be directed to:
Graham St. Michel  
Senior Staff Counsel, Department of Conservation  
(916) 858–9747  
graham.stmichel@conservation.ca.gov
TITLE 22.  DEPARTMENT OF TOXIC 
SUBSTANCES CONTROL
SAFER CONSUMER PRODUCTS 
REGULATIONS — LISTING NAIL PRODUCTS 
CONTAINING TOLUENE AS A  
PRIORITY PRODUCT  
 
DEPARTMENT OF TOXIC SUBSTANCES 
CONTROL REFERENCE NUMBER: R–2019–04
NOTICE IS HEREBY GIVEN  t h at t he D e pa r t me nt 
of Toxic Substances Control (DTSC) proposes to 
amend the California Code of Regulations, title 22 
(22 CCR), Division 4.5, Chapter 55, section 69511.6. 
This proposed amendment pertains to identification 
of a Priority Product under the Safer Consumer 
Products (SCP) regulations, approved by the Office of 
Administrative Law (OAL) and filed with the Secretary 
of State on August 28, 2013 (effective date: 10/01/2013; 
OAL Regulatory Action Number: 2013–0718–03).
WRITTEN COMMENT PERIOD
Any interested person(s) or their authorized 
representative(s) may submit written comments 
relevant to the proposed regulatory action to DTSC in either electronic or hard–copy formats. Written 
comments may be submitted electronically through 
the SCP Information Management System, CalSAFER 
at: https://calsafer.dtsc.ca.gov/ . Please direct questions 
or concerns about CalSAFER to Christine Papagni 
at (818) 717–6541 or Christine.Papagni@dtsc.ca.gov . 
While DTSC prefers that comments be submitted 
through the CalSAFER system, interested persons 
may also submit their comments in an email to: 
SaferConsumerProducts@dtsc.ca.gov .
Written comments may also be submitted 
electronically through the DTSC regulations email 
address at regs@dtsc.ca.gov  o r  p l e a s e  d i r e c t  h a r d –
copy written comments to the Office of Legislation 
and Regulatory Review, as specified below.
The written comment period will close on November 
15, 2021. Only comments received at the DTSC office 
by that date and time will be considered. Any interested 
person(s) or their authorized representative(s) may 
submit written comments relevant to the proposed 
regulatory action to DTSC in either electronic or hard 
copy formats. DTSC will only consider comments 
received on or before this date and time.
PUBLIC HEARING
A public hearing has not been scheduled for this 
rulemaking. However, DTSC will conduct a hearing if 
a written request for a public hearing is received from 
any interested person, or his or her duly authorized 
representative, no later than 15 days prior to the close of 
the written comment period, pursuant to Government 
Code Section 11346.8.
Notice Pertaining to Accessibility and Reasonable 
Accommodation
All documents related to these regulations can be 
made available in alternate format (i.e., Braille, large 
print, etc.) or in another language, as requested, in 
accordance with State and Federal law. Further, to 
ensure the public has equal access to all available 
services and information, DTSC will provide 
disability–related reasonable accommodations and/
or translator/interpreter needs, upon request. For 
assistance, please contact a staff person from office 
below. Note: the range of assistive series available may 
be limited if requests are made less than 10 business 
days prior a public hearing.
Office of Legislation and Regulatory Review  
Department of Toxic Substances Control  
P.O. Box 806  
Sacramento, California 95812–0806  
e–mail: regs@dtsc.ca.gov  
Fax Number: (916) 324–1808
TTY/TDD/Speech–to–Speech users may dial 7–1–1 
for the California Relay Service.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1370AUTHORITY AND REFERENCE
Authority
This regulation is being adopted under the following 
authorities:
● Health and Safety Code (HSC) section 25252 
authorizes and requires DTSC to adopt 
regulations to establish a process to identify and 
prioritize those chemicals or chemical ingredients 
in consumer products that may be considered a 
Chemical of Concern. This section also directs 
DTSC to reference and use available information 
from various sources but does not limit DTSC to 
use only this information.
● HSC section 25253 authorizes and requires DTSC 
to adopt regulations that establish a process for 
evaluating Chemicals of Concern in consumer 
products, and their potential alternatives, to 
determine how best to limit exposure to or to 
reduce the level of hazard posed by a Chemical of 
Concern.
● HSC section 58012 (added by Governor’s 
Reorganization Plan No. 1, §146, effective July 17, 
1991) grants DTSC authority to adopt regulations 
to execute its duties.
Reference
This regulation implements, interprets, or makes 
specific the following statutes:
● HSC sections 25252 and 25253.
INFORMATIVE DIGEST
Policy Statement Overview
Background and Effect of the Proposed Regulatory 
Action:
The SCP regulations were adopted in October 2013 
to meet the statutory requirements outlined in HSC 
sections 25252 and 25253. The regulations outline a 
science–based process for evaluating Chemicals of 
Concern in consumer products and safer alternatives 
by:
● Establishing a list of Candidate Chemicals 
and specifying criteria by which these may be 
designated Chemicals of Concern;
● Establishing a process to identify and prioritize 
product and Candidate Chemical combinations 
that may be listed as Priority Products;
● Requiring manufacturers to notify DTSC when 
their product is listed as a Priority Product;
● Requiring manufacturers of a Priority Product 
to perform an Alternatives Analysis (AA) to 
determine how best to reduce exposures to, or the 
level of adverse public health or environmental impacts posed by, the Chemical(s) of Concern in 
the product;
● Requiring DTSC to identify and require 
implementation of Regulatory Responses 
following completion of an AA; and
● Creating a process for persons to petition DTSC 
to add chemicals to the Candidate Chemicals list, 
add or remove Candidate Chemicals lists in their 
entirety, or to add or remove a product–chemical 
combination from the Priority Products List.
DTSC proposes to amend section 69511 and add 
section 69511.6 to Article 11 of the SCP regulations. 
The proposed action will add nail products containing 
toluene as a Priority Product on the Priority Products 
List.
The listing applies to any nail product, including 
nail coatings and nail polish thinners, that is placed 
into commerce in California that contains toluene. 
For the purposes of this regulation, DTSC defines nail 
coatings as any clear or colored paint, polish, lacquer, 
enamel, or gel product marketed or sold for application 
to fingernails or toenails.
There are two types of nail coatings: solvent–based 
nail coatings and UV gel nail coatings.
“Solvent–based nail coatings” are clear or colored 
nail coatings that form a hard coating on nails upon 
evaporation of their solvents. Subproducts include nail 
polishes, lacquers, enamels, base coats, undercoats, 
top coats, and gel nail polishes.
● “Nail polish” is a varnish or paint applied to the 
fingernails or toenails to color them or make them 
shiny.
● “Lacquer” or “enamel” is a coating that dries by 
means of solvent evaporation.
● “Base coat” or “undercoat” is a clear or milky–
colored coating that is used before applying 
other coatings to the nail. It may be marketed for 
strengthening or protecting the nail, restoring 
moisture to the nail, or helping other coatings to 
adhere to the nail.
● “Top coat” is a clear coating that is used after 
applying other coatings to the nail. It may be used 
to protect underlying coatings or to add shine, 
gloss, or matte to the nail.
● “Gel nail polish” or “gel polish” is a gel varnish 
coating with a look and feel similar to UV gel nail 
coatings but that does not require an ultraviolet 
(UV) or a light–emitting diode (LED) lamp to 
dry. Gel nail polish typically contains color but 
can also be a clear nail coating.
“UV gel nail coatings” are clear or colored gel nail 
coatings that are cured or hardened on nails using a 
UV or an LED lamp rather than solvent evaporation. 
Subproducts include UV gel nail polish, UV gel 
topcoat, UV gel base coat, hard gel, and Shellac.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1371
● “UV gel nail polish” or “UV gel” or “Gel” or 
“nail gel” is a premixed coating that is hardened 
using a UV or an LED lamp. UV gel nail polish 
typically contains color but can also be a clear 
coating.
● “UV gel base coat” is a clear coating that is used 
before applying other UV gel coatings to the nail; 
it is cured using a UV or an LED lamp.
● “UV gel top coat” is a clear coating that is used 
after applying other UV gel coatings to the nail; 
it is cured using a UV or an LED lamp.
● “Hard gel” is a premixed coating with high 
solvent resistance; it is hardened using a UV or an 
LED lamp. It can be applied directly onto natural 
nails to provide additional strength or sculptured 
using nail enhancements.
● “Shellac” is the brand name for a nail product 
created by Creative Nail Design. It is a hybrid 
which is a combination of nail polish and gel. 
Shellac is applied directly onto natural nails, and 
it is cured through UV light.
Nail coatings include “nail art paint,” which is any 
decorative paint including various solvent–based or 
UV gel nail coating overlays of nail polish, UV gel, or 
hybrid coatings like Shellac or airbrush paint applied 
to fingernails, toenails, or both by any technique. 
“Airbrush nail art paint” is a subcategory of “nail art 
paint.”
● “Airbrush nail art paint” means a nail art paint 
that is designed or intended to be sprayed onto 
the nail by a device using compressed air. This 
product may also be labeled as ink, polish, paint, 
or pigment for airbrush nail art.
“Nail polish thinner” is defined as any liquid 
product that is marketed or sold for the use of reducing 
viscosity of nail coatings. It is also included in this 
regulation when marketed for the use of increasing the 
fluidity or restoring the consistency of nail coatings. 
Following extensive review of the scientific literature 
and analysis of the known hazard traits of toluene, 
DTSC determined there is potential for workers and 
consumers to be exposed to toluene in nail products. 
This exposure contributes to or causes significant or 
widespread adverse impacts including neurotoxicity, 
developmental toxicity, neurodevelopmental toxicity, 
respiratory toxicity, nephrotoxicity, dermatotoxicity, 
immunotoxicity, ocular toxicity, and ototoxicity. 
DTSC based this determination on an evaluation of 
available, reliable scientific information pertinent to 
the regulatory criteria.
Benefits of the Proposed Regulatory Action
A primary goal of the SCP regulations is to mitigate 
widespread adverse health and environmental impacts 
of toluene in commerce, as well as the overall costs 
of these impacts to the State of California. By listing nail products containing toluene as a Priority Product, 
DTSC encourages manufacturers to evaluate whether 
toluene is necessary in nail products or whether there 
are functionally safer alternatives that would reduce 
human exposure to toluene during manufacturing, 
use, or disposal of nail products containing toluene. 
Reduction of toluene in consumer products and the 
environment means safer homes, workplaces, and a 
more sustainable environment. Reducing exposure to 
toluene could reduce nervous system effects, adverse 
effects of developing fetuses, respiratory tract effects, 
harm to the kidney toxicity, impacts to the immune 
system, and vision and hearing impairment in the 
general population of California. Expanded use and 
development of new, safer alternatives benefits 
California’s entire population and environment.
Another primary goal of the SCP regulations is 
to protect public health by reducing exposures to 
potentially harmful chemicals. By listing nail products 
containing toluene as a Priority Product, DTSC sets 
in motion a strategy to reduce human exposure to 
toluene from the manufacturing, use, and end–of–life 
of this product category. A reduction in exposure to 
toluene from nail products could benefit the health of 
California’s residents and wildlife. The development 
of safer alternatives benefits California workers, 
consumers, employers, and environment.
DTSC cannot pre–determine the alternatives 
that each manufacturer will propose; therefore, 
it is impossible to accurately predict or quantify 
the full range of potential benefits associated with 
their development. DTSC will maximize the use 
of alternatives of least concern and give preference 
to those that provide the greatest level of inherent 
protection. In general, economic benefits to California 
workers and business owners may include expanded 
employment opportunities in the fields of consulting, 
worker and consumer education, and marketing. 
Additional benefits may accrue because of increased 
research and product development collaboration 
between manufacturers and California–based 
research entities. Institutional and corporate financial 
support of chemical and material science programs 
focused on developing safer alternatives to toluene 
could advance the field. These research initiatives 
could provide manufacturers with employees that are 
highly skilled in the research and design of products 
for newly emerging global markets.
Existing Laws and Regulations
The SCP regulations established a unique approach 
to regulating Chemicals of Concern in consumer 
products that grants DTSC authority to take actions to 
protect people and the environment when such actions 
are outside the scope of other regulatory programs. 
There are no equivalent federal or state regulations 
that require product manufacturers to determine if the CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1372chemical in their product is necessary and whether 
there is a safer alternative, with the goal of protecting 
consumers and the environment from adverse effects 
associated with a product throughout its lifetime.
Nails products, as cosmetics, are regulated by 
the U.S. Food and Drug Administration (FDA), 
and toluene is regulated by the U.S. Environmental 
Protection Agency (EPA), the U.S. Occupational 
Health and Safety Administration (OSHA), the 
California Division of Occupational Safety and Health 
(Cal/OSHA), and the California Department of Public 
Health (CDPH), California Safe Cosmetics Program. 
The proposed regulation does not duplicate or conflict 
with any of these regulations, which are discussed 
below.
U.S. Food and Drug Administration
The U.S. Food and Drug Administration (FDA) is 
authorized by the Federal Food, Drug, and Cosmetic 
Act (FDCA) to oversee the safety of food, drugs, and 
cosmetics. The FDCA does not authorize the FDA to 
require safety testing of cosmetics, and there is no 
approval process for cosmetics products prior to sale 
in the U.S. (except for color additives). However, the 
FDA can and does inspect cosmetics manufacturing 
facilities to ensure that cosmetics are not adulterated.
While cosmetic product manufacturers are legally 
responsible for ensuring the safety of their products, 
neither the FDCA nor FDA regulations require specific 
tests to demonstrate the safety of individual products 
or ingredients, and manufacturers are not required to 
share their safety information with the FDA. However, 
the FDA can pursue enforcement action against 
products on the market that it determines are not in 
compliance with the FDCA or the Fair Packaging and 
Labeling Act (FPLA), or against firms or individuals 
who violate these laws.
Federal Food, Drug, and Cosmetic Act
The FDCA is a set of laws passed by Congress 
in 1938 giving authority to the FDA to oversee the 
safety of food, drugs, and cosmetics. The FDCA 
defines cosmetics as “articles intended to be rubbed, 
poured, sprinkled, or sprayed on, introduced into, or 
otherwise applied to the human body ... for cleansing, 
beautifying, promoting attractiveness, or altering 
the appearance.” As noted above, the FDA does not 
pre–approve cosmetic products. However, cosmetic 
products must be properly labeled and safe for 
consumers under labeled or typical conditions of use. 
The FDCA prohibits the marketing of adulterated or 
misbranded cosmetics in interstate commerce, and 
the FDA can remove cosmetics from the market that 
contain unsafe ingredients or that are mislabeled.
Fair Packaging and Labeling Act
The Fair Packaging and Labeling Act (FPLA) 
requires each package of household consumer products (including cosmetic products) to bear a label 
that includes a statement identifying the commodity 
(detergent, sponge, etc.); the name and place of 
business of the manufacturer, packer, or distributor; 
and the net quantity of contents in terms of weight, 
measure, or count (in both metric and English units). 
The FPLA is designed to facilitate value comparisons 
and to prevent unfair or deceptive packaging and 
labeling of many household consumer commodities.
The specific labeling requirements for cosmetic 
products are specified in regulation in Title 21 of 
the Code of Federal Regulations, parts 701 and 740. 
Cosmetic products produced or distributed for retail 
sale to consumers for their personal care are required 
to bear an ingredient declaration. Cosmetic products 
not typically distributed for retail sale (e.g., nail 
products used by professionals on customers at their 
places of work) are exempt from this requirement 
provided these products are not also sold to consumers 
at professional establishments or workplaces.
U.S. Environmental Protection Agency
Toluene is listed under the Toxic Substances 
Control Act (TSCA) of 1976, which was enacted by 
Congress to test, regulate, and screen all chemicals 
produced in or imported into the United States. TSCA 
requires any chemical that reaches the consumer 
marketplace to be tested for possible toxic effect 
prior to commercial manufacture. Under Section 
8, TSCA requires reporting and record keeping by 
persons who manufacture, import, process, and/or 
distribute chemical substances in commerce. Under 
Section 8(e), any person who manufactures (which 
includes importing), processes, or distributes in 
commerce a chemical substance or mixture and who 
obtains information which reasonably supports the 
conclusion that such substance or mixture presents a 
substantial risk of injury to health or the environment 
should immediately inform the U.S. Environmental 
Enforcement Agency (EPA), except in situations 
where EPA has been adequately informed of such 
information.
Toluene is listed as a hazardous air pollutant under 
the Clean Air Act.
Toluene is listed as an organic hazardous air pollutant 
under Federal Code of Regulations 40 C.F.R., Section 
63, Subpart F, National Emission Standards for 
Organic Hazardous Air Pollutants from the Synthetic 
Organic Chemical Manufacturing Industry.
U.S. Occupational Health and Safety Administration
The U.S. Occupational Health and Safety 
Administration (OSHA) has set a permissible exposure 
limit (PEL), an enforceable limit to protect workers 
against the health effects of exposure to hazardous 
substances, of 200 parts per million (ppm) for toluene 
in air averaged over an eight–hour workday. OSHA 
acknowledges that many of its PELs are outdated and CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1373
inadequate to ensure protection of worker health. Most 
of OSHA ’s PELs were issued shortly after adoption of 
the Occupational Safety and Health Act in 1970 and 
have not been updated since then. The OSHA PEL for 
toluene was set in 1971.
Nevertheless, as noted above, changes to 
occupational exposure limits for a chemical are not 
among the regulatory response options that DTSC 
might eventually impose for toluene–containing nail 
products.
California Division of Occupational Safety and 
Health, Cal/OSHA
In 2012, the California Division of Occupational 
Safety and Health (DOSH), also known as Cal/OSHA, 
set a PEL for workers of 10 ppm (37.6 mg/m3) for 
toluene in air averaged over an eight–hour workday. 
Listing toluene–containing nail products as a Priority 
Product would not affect existing occupational 
exposure limits like the PEL. DTSC might eventually 
impose one or more regulatory responses on 
manufacturers of toluene–containing nail products. 
However, regulatory responses must be selected from 
among seven options described in Article 6 of the SCP 
regulations; changes to occupational exposure limits 
for a chemical are not among these options.
California Department of Public Health, California 
Safe Cosmetics Program
The California Department of Public Health 
(CDPH) created the California Safe Cosmetics 
Program (CSCP) in response to the passage of the 
California Safe Cosmetics Act. Beginning in 2009, 
cosmetic manufacturers with aggregate sales greater 
than $1 million must report to CSCP products they 
sell in California which have intentionally added 
chemical ingredients identified as known or suspected 
carcinogens or reproductive or developmental 
toxicants by authoritative bodies.
While the intention of the Safe Cosmetics Act is 
to improve access to information about potentially 
harmful ingredients in cosmetics and to influence 
the reformulation of some products toward safer 
alternatives, it does not duplicate the SCP regulations. 
The Safe Cosmetics Act requires manufacturers to 
report certain chemical ingredients in products, but 
it does not require manufacturers to evaluate those 
products for safer chemical alternatives.
Comparable Federal Regulation or Statute
This regulation is not based on, identical to, or in 
conflict with any federal regulations.OTHER APPLICABLE REQUIREMENTS 
PRESCRIBED BY STATUTE
California Environmental Quality Act (CEQA) 
Compliance
DTSC has determined that this rulemaking would 
be exempt from CEQA (Public Resources Code 
Section 21000, et seq.) under the “feasibility or 
planning study” and “data collection” exemptions 
outlined in California Code of Regulations, title 14, 
sections 15262 and 15306, respectively. A draft Notice 
of Exemption (NOE) is available for review during 
the public comment period upon request and will be 
filed with the State Clearinghouse if the regulation is 
finalized.
California Environmental Policy Council Review
Under the provisions of HSC section 25252.5, the 
California Environmental Policy Council (CEPC) 
reviewed the framework SCP regulations prior to their 
adoption in October 2013 (the CEPC Resolution may 
be viewed at: http://www.calepa.ca.gov/cepc/ ). Under 
HSC Section 25252.5(f), the CEPC determined that the 
proposed regulations would not have any significant 
adverse impact on public health or the environment 
and could be adopted by DTSC without undergoing a 
multimedia life cycle evaluation.
DTSC determined that further review by the CEPC 
is not warranted for this rulemaking because the 
requirements of HSC section 25252.5 apply only to the 
creation of the SCP program and not regulations that 
may be required to implement this program.
Peer Review
DTSC requested an external scientific peer review of 
the scientific basis of the proposed regulation pursuant 
to Health and Safety Code section 57004. The result of 
the external scientific peer review is posted to DTSC’s 
rulemaking website at: https://dtsc.ca.gov/regs/ .
MANDATE ON LOCAL AGENCIES OR 
SCHOOL DISTRICTS
DTSC determined that adoption of this regulation 
will not result in costs or savings for any local agency 
or school district required to be reimbursed pursuant to 
Part 7 of Division 4, commencing with section 17500 
of the Government Code, or other nondiscretionary 
costs or savings imposed on local agencies.
COST OR SAVINGS TO STATE OR LOCAL 
AGENCIES OR SCHOOL DISTRICTS  
SUBJECT TO REIMBURSEMENT
DTSC determined that adoption of this regulation 
will not result in costs or savings for any local agency 
or school district required to be reimbursed pursuant to 
Part 7 of Division 4, commencing with section 17500 CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1374of the Government Code, or other nondiscretionary 
costs or savings imposed on local agencies.
Costs or Savings to Any State Agency
DTSC will absorb additional costs associated with 
reviewing Notifications, Abridged AA Reports, or 
two–stage AA Reports submitted by manufacturers 
of nail products containing toluene by reallocating 
staff to this new task. DTSC estimates that the total 
fiscal costs to state government for reviewing all 
Notifications, Abridged AA Reports, and two–stage 
AA reports submitted by manufacturers will range 
from $653,269 to $2,367,735.
Local Agencies
DTSC determined that adoption of this regulation 
will not impose a local mandate or result in costs or 
savings for any local agency subject to reimbursement 
pursuant to Part 7 of Division 4, commencing with 
section 17500, of the Government Code or other 
nondiscretionary costs or savings to local agencies.
School Districts
DTSC determined that adoption of this regulation 
would not result in costs or savings for any school 
district required to be reimbursed pursuant to Part 7 
of Division 4, commencing with section 17500 of the 
Government Code.
Federal Funding to the State
DTSC determined that adoption of this regulation 
would not result in costs or savings in federal funding 
to the state. DTSC determined that no fiscal impact to 
federal funding or state program exists.
DETERMINATION OF NO SIGNIFICANT 
STATEWIDE ADVERSE ECONOMIC IMPACT
DTSC determined the proposed regulatory action 
has no significant statewide adverse economic impact 
directly affecting business. Following a review of 
available nail products market data and survey of 
affected manufacturers and industry organizations, 
DTSC determined the proposed regulation is not a 
major regulation and is unlikely to have a significant 
adverse impact on business.
Types of Businesses Affected: Manufacturers of 
nail products containing toluene have the principal 
duty to comply with the notification and reporting 
requirements.
Projected Reporting, Recordkeeping, or other 
Compliance Requirements: In accordance with 
Government Code sections 11346.3(c) and  
11346.5(a)(11), DTSC found that the reporting 
requirements of the proposed regulatory action, which 
apply to businesses, are necessary for the health, safety, 
and welfare of the people of the State of California. 
The specific reporting requirements and forms are:
● Priority Product Notification [section 69503.7]● Removal/Replacement Notifications:
 ○ Chemical of Concern Removal Intent 
Notification [section 69505.2]
 ○ Chemical of Concern Removal Confirmation 
Notification [section 69505.2]
 ○ Product Removal Intent Notification [section 
69505.2]
 ○ Product Removal Confirmation Notification 
[section 69505.2]
 ○ Product–Chemical Replacement Intent 
Notification [section 69505.2]
 ○ Product–Chemical Replacement Confirm-
ation Notification [section 69505.2]
 ○ Product Cease Ordering Notification [section 
69501.2(b)(2)(B)]
● AA Notifications and Reports:
 ○ AA Threshold Notification [section 69505.3]
 ○ AA Extension [section 69505.1(c)]
 ○ Preliminary AA Report [section  
69505.4(a)(2), section 69505.5, section 
9505.1(b)(2)(A), section 69505.7]
 ○ Final AA Report [section 69505.4(a)(3), 
section 69505.6, section 69505.1(b)(2)(B), 
section 69505.7]
 ○ Abridged AA Report [section 69505.4(b)]
 ○ Alternate AA Work Plan [section 69505.4(c)]
 ○ Previously completed AA [section 
69505.4(d)]
The reports and forms that will be submitted by a 
manufacturer depend on several factors including the 
Priority Products produced, the availability of viable 
alternatives, and business decisions made by the 
manufacturer.
The reporting requirements applicable to 
manufacturers may be fulfilled by a consortium, 
trade association, public–private partnership, or other 
entity acting on behalf of, or in lieu of, one or more 
manufacturer. This does not apply to the Priority 
Product Notification or AA Threshold Exemption 
Notification requirements [section 69501.2(a)(2)].
DTSC has made an initial determination that the 
adoption of this regulation will not exert a significant, 
statewide adverse economic impact directly affecting 
business, including the ability of California businesses 
to compete with businesses in other states. DTSC has 
considered proposed alternatives that would lessen 
any adverse economic impact on business and invites 
interested parties to submit proposals. Submissions 
may include the following considerations:
i. The establishment of differing compliance or 
reporting requirements or timetables that take 
into account the resources available to businesses.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1375
ii. Consolidation or simplification of compliance 
and reporting requirements for businesses.
iii. The use of performance standards rather than 
prescriptive standards.
iv. Exemption or partial exemption from the 
regulatory requirements for businesses.
COST IMPACTS ON REPRESENTATIVE 
PRIVATE PERSONS OR BUSINESSES
DTSC relied on a variety of sources to estimate the 
number of California–based manufacturers potentially 
impacted by this proposed regulation. DTSC searched 
lists of manufacturers provided in D&B Hoovers 
and United States Census Bureau County Business 
Patterns for manufacturers of nail products containing 
toluene. DTSC then searched manufacturers’ websites 
and safety data sheets (SDS) to refine the list of 
companies manufacturing these products. Based on 
the data collected from these sources, DTSC estimates 
there are 11 manufacturers of nail products containing 
toluene in California that would be potentially 
affected by this regulation. DTSC estimates that 
costs could range from $112,960 to $304,960 for 
individual manufacturers to fulfill the SCP regulatory 
requirements to submit a Priority Product Notification 
and complete an Alternatives Analysis report. Total 
estimated costs to California–based businesses range 
from $1,242,000 to $3,354,560.
RESULTS OF THE ECONOMIC  
IMPACT ASSESSMENT
Creation of New Businesses or Elimination of 
Existing Businesses
DTSC determined that it is:
● Unlikely that this proposal will eliminate or 
create businesses or jobs in the manufacturing of 
nail products;
● Possible that this proposal could create an unknown 
number of businesses to assist manufacturers 
of nail products containing toluene in meeting 
regulatory obligations including consulting 
services, chemical and material science research 
services, and product development support;
● Possible that this proposal could create an 
unknown number of public or private sector 
jobs in consulting services, product research and 
design, chemical and material science research 
and support and marketing.
Expansion of Businesses Currently doing Business
DTSC determined that it is possible that this 
proposal could result in the expansion of businesses 
currently doing business within the state, particularly 
those engaged in regulatory consulting services, chemical and material science research and support, 
product research and design and marketing.
Effect on Housing Costs
DTSC has made a determination that the proposed 
regulation will have no significant effect on housing 
costs.
Effect on Small Businesses
DTSC made an initial determination that the 
adoption of this regulation may affect small businesses. 
DTSC estimates that 8 of the 11 potentially impacted 
manufacturers are small businesses. Costs to submit 
Priority Product Notifications and AA Reports are 
expected to be the same for all impacted businesses. 
Moreover, DTSC estimates that it will take each 
manufacturer a maximum of 16 hours at $60/hour 
to complete a Priority Product Notification, or a 
total of $960. DTSC estimates that the cost to each 
manufacturer for the Priority Product Notification, AA 
report, and responding to DTSC’s AA report review 
will be $112,960 to $182,960 for an Abridged AA, and 
$139,960 to $304,960 for a two–stage AA. These are 
one–time notification and reporting requirements that 
manufacturers are expected to complete within one 
year of adoption of the proposed regulation; therefore, 
there are no ongoing costs.
Benefits of the Regulation on the Health and 
Welfare of California Residents, Worker Safety, 
and the State’s Environment
DTSC made an initial determination that the adoption 
of this regulation may positively affect the health and 
welfare of California residents, worker safety, and 
the State’s environment. A reduction in exposure 
to toluene could benefit the health of California’s 
residents. The development of safer alternatives 
benefits California workers, consumers, employers, 
and the environment. DTSC cannot predetermine 
the alternatives that each manufacturer will propose; 
therefore, it is impossible to accurately predict or 
quantify the full range of potential benefits associated 
with their development. DTSC will maximize the use 
of alternatives of least concern and give preference 
to those that provide the greatest level of inherent 
protection. In general, economic benefits to California 
workers and business owners may include expanded 
employment opportunities in the fields of consulting 
and marketing. Additional benefits may accrue because 
of increased research and product development 
collaboration between manufacturers and California–
based research facilities. Institutional and corporate 
financial support of chemical and material science 
programs focused on developing safer alternatives to 
toluene in nail products could advance the field. These 
research initiatives could provide manufacturers with 
employees that are highly skilled in the research and 
design of products for newly emerging global markets.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 40-Z
1376CONSIDERATION OF ALTERNATIVES
DTSC must determine that no reasonable alternative 
it considered or that has otherwise been identified 
and brought to the attention of DTSC would be more 
effective in carrying out the purpose for which the 
action is proposed, would be as effective and less 
burdensome to affected private persons than the 
proposed action, or would be more cost–effective 
to affected private persons and equally effective in 
implementing the statutory policy or other provision 
of law.
CONTACT PERSONS
Inquiries regarding technical aspects of the proposed 
regulations or CEQA documents may be directed to 
Ms. Christine Papagni of DTSC at (818) 717–6541 or, 
if unavailable, Nancy Ostrom of DTSC at (916) 445–
3077. However, such oral inquiries are not part of the 
rulemaking record.
A public comment period for the rulemaking has 
been established commencing on October 1, 2021 
and closing on November 15, 2021. Statements, 
arguments, or contentions regarding the rulemaking 
and/or supporting documents must be submitted in 
writing or presented orally or in writing at a public 
hearing, if a hearing is requested, in order for them to 
be considered by DTSC before it adopts, amends, or 
repeals these regulations.
DTSC will accept statements, arguments or 
contentions, and/or supporting documents regarding 
this rulemaking submitted in writing either through 
CalSAFER or by mail, or they may be presented 
orally or in writing at a public hearing, if a hearing is 
requested.
AVAILABILITY OF TEXT OF  
PROPOSED REGULATIONS, INITIAL 
STATEMENT OF REASONS AND OTHER 
RULEMAKING DOCUMENTS
Copies of the Notice of Proposed Action, Initial 
Statement of Reasons, all the information upon which 
its proposal is based, and the express terms of the 
proposed regulation (also known as the proposed 
regulatory text) are posted to DTSC’s Internet website 
at https://dtsc.ca.gov/regs/ .
After the close of the comment period, DTSC 
may adopt the proposed regulation. If substantial, 
sufficiently related changes are made to the regulatory 
text, the modified full text (with the changes clearly 
indicated) will be made available for comment for 
at least 15 days prior to adoption. Only persons who 
request the specific proposed regulation, attend a 
public hearing, if a hearing is requested, or provide written comments on this specific regulation will 
be sent a copy of the modified text if substantial, 
sufficiently related changes are made.
Once DTSC finalizes the regulatory text, DTSC will 
prepare a Final Statement of Reasons that updates the 
Initial Statement of Reasons, summarizes how DTSC 
addressed comments, and includes other materials. A 
copy of the Final Statement of Reasons will also be 
posted on DTSC’s Internet site at https://dtsc.ca.gov/
regs/, along with the date the rulemaking is filed with 
the Secretary of State and the effective date of the 
regulation.
ALL OTHER QUESTIONS/COMMENTS/
INQUIRIES/UPDATES
Please direct all written comments, procedural 
inquiries, and requests for documents by mail, e–mail, 
or fax to Office of Legislation and Regulatory Review, 
as specified above. To be included in this regulation 
package’s mailing list and to receive updates of this 
rulemaking, please visit https://dtsc.ca.gov/dtsc–e–
lists/  and subscribe to the applicable E–List or e–mail: 
regs@dtsc.ca.gov .
 
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND 
WILDLIFE
FISH AND GAME CODE SECTION 1653 
CONSISTENCY DETERMINATION  
REQUEST FOR  
Horse Creek Off–channel Alcove Project  
(Tracking Number: 1653–2021–082–001–R1)  
Siskiyou County
California Department of Fish and Wildlife (CDFW) 
received a Request to Approve on September 15, 2021, 
that U.S. Fish and Wildlife Service (Service) proposes 
to carry out a habitat restoration or enhancement 
project pursuant to Fish and Game Code section 1653. 
The proposed project involves constructing an alcove 
off Horse Creek and adding one engineered log jam 
to create fish refugia. The proposed project will be 
carried out on Horse Creek, approximately 1.5 miles 
from the confluence with the Klamath River near 
Hamburg, Siskiyou, California.
On July 27, 2021, the North Coast Regional Water 
Quality Control Board (Regional Water Board) 
received a Notice of Intent (NOI) to comply with the 
terms of, and obtain coverage under, the General 401 
Water Quality Certification Order for Small Habitat 