Regulatory Response

Depending on the results of the Alternatives Analysis, DTSC requires regulatory responses when necessary to protect public health or the environment. Regulatory responses are actions DTSC may require, based on the outcome of an Alternatives Analysis, to prevent or manage potential adverse impacts to human health or the environment. As detailed in California Code of Regulations, Title 22, Chapter 55, Article 6, we may choose one or more of the following regulatory responses:

• Supplemental Information and Regulatory Response Revisions – We may require that responsible entities provide additional information that we will use to select and ensure implementation of one or more regulatory responses. We may also require that a responsible entity provide information to fill gaps identified in the Alternatives Analysis Report, if needed to revise one or more initial regulatory responses. Examples include requiring more information about end-of-life management differences between alternatives or information that fills data gaps on toxicological endpoints of the selected alternative.
• Product Information for Consumers – If after the Alternatives Analysis the products retain Chemicals of Concern or contain replacement Candidate Chemicals, product information must be made available for consumers. Examples of information that must be made available include the common names of Chemicals of Concern that remain in the product or of the replacement Candidate Chemicals, known information about toxicological hazards, safe handling and storage procedures, and adverse impacts associated with the product as identified in the Alternatives Analysis Report.
• Use Restrictions on Chemicals and Consumer Products – We may determine that use restrictions on Priority Products or the alternative product that contains replacement Candidate Chemicals are necessary to reduce the potential for the product to contribute to adverse impacts. Examples of use restrictions include reducing the concentration of the Chemical of Concern or allowing only people who have met certain training requirements to purchase the product.
• Product Sales Prohibition – If an alternative is not selected for a Priority Product or if no safer alternative exists that is functionally acceptable, technically feasible, and economically feasible, we may seek extra documentation from the responsible entity. This supplementary documentation must demonstrate that the Priority Product’s benefits outweigh its costs and that administrative or engineering restrictions will adequately protect public health and the environment. We may prohibit the sales of a Priority Product if these requirements are not met.
• Engineered Safety Measures or Administrative Controls – We may require additional safety measures or administrative controls to limit exposure to the Chemical of Concern or replacement Candidate Chemicals, thus reducing the potential for adverse impacts. An example may include installing an air filtration system in a facility where Priority Products are manufactured.
• End-of-Life Management Requirements – In cases where a Priority Product is required to be managed as hazardous waste in California at the end of its useful life, an End-of-Life Management Program may be required. This program must include a product stewardship plan that complies with applicable California state, federal, and local laws pertaining to the management of hazardous waste.
• Advancement of Green Chemistry and Green Engineering – In circumstances where no alternative exists that is functionally acceptable, technically feasible, and economically feasible, or the use of Candidate Chemicals cannot be eliminated, we may require the responsible entity to initiate research and development or to fund a grant relevant to the Priority Product. The research should use green chemistry or green engineering principles to design a safer alternative, improve the performance of a safer alternative, decrease the cost of a safer alternative, or increase the market penetration of a safer alternative.
• No Regulatory Response – No regulatory response may be required in cases where we grant an exemption submitted by the responsible entity. This may occur if we determine that a regulatory response is not necessary to further protect public health and the environment.

The SCP framework emphasizes hazard reduction more than risk management. Therefore, we give preference to regulatory responses that reduce or avoid adverse impacts rather than those that simply control exposures or releases of a Chemical of Concern. In addition, we consider public health and environmental protection, as well as cost to responsible entities or government.