OFFICE OF THE SECRETARY OF STATE  
SHEMIA FAGAN  
SECRETARY OF STATE
CHERYL MYERS  
DEPUTY SECRETARY OF STATE
ARCHIVES DIVISION  
STEPHANIE CLARK  
DIRECTOR
800 SUMMER STREET NE  
SALEM, OR 97310  
503-373-0701
NOTICE OF PROPOSED RULEMAKING
INCLUDING STATEMENT OF NEED & FISCAL IMPACT
CHAPTER 333
OREGON HEALTH AUTHORITYFILED
10/28/2021 11:19 AM
ARCHIVES DIVISION
SECRETARY OF STATE
PUBLIC HEALTH DIVISION
FILING CAPTION: Toxic Free Kids Rule Revision to Clarify Reporting and Revise Reportable Chemical List 
LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 11/22/2021   5:00 PM  
The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic 
impact of the rule on business.
CONTACT: Justin  Waltz  
971-673-1217  
publichealth.rules@dhsoha.state.or.us800 NE Oregon St.  
Portland,OR 97232Filed By:  
Public Health Division  
Rules Coordinator
HEARING(S) 
Auxiliary aids for persons with disabilities are available upon advance request. Notify the contact listed above.
DATE: 11/18/2021  
TIME: 1:00 PM  
OFFICER: Staff  
ADDRESS: Microsoft Teams - Video/conference call  
Due to COVID-19 the PSOB is not open to  
the public & meetings are held remotely  
Portland, OR 97232  
SPECIAL INSTRUCTIONS: 
Due to COVID-19, public meetings are 
being held remotely. To provide oral 
testimony during this hearing, please 
contact 
publichealth.rules@dhsoha.state.or.us 
to sign-up and receive the link for the 
Microsoft Teams video conference. 
Alternatively, you may dial 971-277- 
2343, Phone conference ID 224 999 534#  for audio 
only. The hearing will close no later 
than 4:00 PM, but may close as early 
as 1:20 PM if all individuals that have 
signed up to testify have had the 
opportunity to enter their comments 
into the record.
NEED FOR THE RULE(S)
SB 478 (Oregon Laws 2015, chapter 786) was passed by the Oregon Legislature during the 2015 legislative session. The 
Page 1 of 13law requires the Oregon Health Authority (Authority) to require manufacturers of children’s products to disclose high 
priority chemicals of concern for children’s health used in children’s products that are sold or offered for sale in Oregon. 
The law states that the Authority shall adopt a list of High Priority Chemicals of Concern for Children’s Health 
(HPCCCH) and establish requirements for disclosure of such chemicals. 
 
After two biennial notification cycles (2018 and 2020), the Authority has determined that manufacturers of children’s 
products sold or offered for sale in Oregon are likely using two different methods to determine the proportion of 
HPCCCH in each product. Some manufacturers are reporting the concentration of HPCCCH in the components of 
products by dividing the mass of HPCCCH in each component of the product by the mass of the test sample of that 
component. [This is termed the “component method.”] Other manufacturers are reporting the concentration of 
HPCCCH in the product by dividing the mass of the HPCCCH by the total mass of the product. [This is termed the 
“whole product method”]. Both methods are reported in parts per million (ppm). 
 
The whole product method is likely to result in a concentration that is much smaller than that of the component method. 
That result may cause manufacturers to determine they don’t need to include those children’s products in biennial 
notifications to the Authority. A uniform method for calculating a product’s HPCCCH ensures fair applicability of the 
law to all children’s products 
 
In August 2021, the Authority promulgated a temporary rule change to OAR 333-016-2060 to clarify reporting 
requirements. The change requires all reporting to follow the component method. [See Temporary Administrative 
Order PH 40-2021.] This change will apply to biennial notifications due on January 1, 2022 for products sold or offered 
for sale in Oregon in 2020 and 2021. 
 
This current rulemaking is intended to make PH 40-2021 permanent. 
 
Additional proposed amendments to OAR chapter 333, division 16 include: 
 
A) Review and revision of OAR 333-016-2020 Chemicals of High Concern to Children is required of the Authority 
under provisions in ORS 431A.255 List of high priority chemicals of concern in children’s products. This review is to 
occur every three years from the date OAR 333-016-2020 became effective (January 1, 2016). ORS 431A.255 directs 
the Authority to consider adding or removing High Priority Chemicals of Concern for Children's Health (HPCCCH) that 
are added or removed from Washington State Department of Ecology’s Reporting List of Chemicals of High Concern to 
Children (CHCC). Changes to Ecology’s CHCC list were made through Washington Administrative Code rulemaking and 
took effect on October 30, 2017. At a Fall 2018 Rules Advisory Committee meeting, the Authority proposed and added 
(to OAR 333-016-2020) five of the 20 chemicals that were added to Ecology’s list in 2017 and removed the three 
chemicals that Ecology removed from their list. These changes took effect January 1, 2019. [ORS 431A.255 limits the 
number of chemicals that may be added to the HPCCCH list to five every three years.] With this rulemaking, the 
Authority proposes to add five more chemicals from Ecology’s 2017 list. As Ecology has not removed chemicals since 
2017 the Authority did not propose any to remove any during current rulemaking. The additions are to be effective 
January 1, 2022. Please see proposed text for further details on the chemicals to be added. 
 
B) Review and revision of OAR 333-016-2035 Exhibit A. Practical Quantification Limits (PQLs) and detection methods 
were added for the five HPCCCH proposed to be added to OAR 333-016-2020. Detection methods and PQLs for the 
five HPCCCH proposed to be align with their counterparts on Washington’s CHCC’s list. In addition, the PQLs for 27 
chemicals that were already on the HPCCC list were revised to align with Washington’s CHCC list. Ten chemicals saw 
an increase in reporting levels while 17 chemicals saw a decrease. Proposed changes are to go into effect January 1, 
2022 and affect biennial notices made for products sold or offered for sale in Oregon 2020 and 2021. 
Page 2 of 13 
C) The modification of OAR 333-016-2060 Notification Requirements makes two clarifications: a) for purposes of this 
rule, "unit" has the same meaning as "component part" as that is defined in OAR 333-016-2010; and b) it specifies that 
the amount of a chemical used in each unit within each product category is to be reported and, if there are multiple 
concentrations for a given unit in a particular product category, the unit with the highest concentration is to be 
reported. These modifications are to be effective January 1, 2022 and affect biennial notifications made for products 
sold or offered for sale in Oregon in 2020 through 2021. 
 
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE
SB 478 (Oregon Law 2015, chapter 786): https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB478/Enrolled 
Oregon Toxic Free Kids Act, ORS 431A.250 – 431A.280: https://www.oregonlegislature.gov/bills_laws/ors/ors431a.html 
OAR chapter 333, division 16:  https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1231 
OAR chapter 333, division 16 Temporary Administrative Order PH 40-2021: 
https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/HEALTHYNEIGHBORHOODS/TOXICSUBSTANCES/Documents/PH_40-
2021TrackedChanges.pdf 
 
State of Washington, Department of Ecology, Children’s Safe Products Act Reporting Rule and guidance documents. 
https://apps.ecology.wa.gov/publications/documents/1804025.pdf and 
https://apps.ecology.wa.gov/publications/documents/1704040.pdf#page=26 
 
FISCAL AND ECONOMIC IMPACT: 
A) The changes to OAR 333-016-2020 Chemicals of High Concern to Children will have a fiscal impact on 
manufacturers in Oregon. Manufacturers will need to report on chemicals added to the list at the next reporting 
deadline (January 1, 2024). If a manufacturer utilizes any of the five HPCCCH added to the list, they would be required 
to notify the Authority and submit the $250 notification fee by the next reporting period. (January 1, 2024). Some 
manufacturers will already have the information for these chemicals on hand as they will need to comply with reporting 
requirements of Washington’s Children’s Safe Products Act. 
 
B) The changes to OAR 333-016-2035 Exhibit A are not anticipated to have a significant impact on manufacturers in 
Oregon since the changes are being made to align with  Washington’s CHCC’s list. Some manufacturers will already 
have the information for these chemicals on hand as they will need to comply with the reporting requirements of 
Washington’s Children’s Safe Products Act. However, due to differences in how reports are made between the two 
state programs, this change may require some manufacturers to pay for additional testing or the development of 
additional reports. 
 
C) The modifications of OAR 333-016-2060 Notification Requirements aligns the method by which a HPCCCH’s 
concentration in a unit/component part is reported under Washington’s Children’s Safe Products Act (CSPA Act). 
Therefore, in many cases, manufacturers likely have this information on hand. As Oregon’s TFK Act requires the 
reporting of HPCCCH’s in components regardless of location in a product and the CSPA Act does not, manufacturers 
may incur costs for additional testing. 
COST OF COMPLIANCE: 
(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the 
rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the 
Page 3 of 13expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost 
of professional services, equipment supplies, labor and increased administration required to comply with the rule(s). 
(1) A) The modification of OAR 333-016-2020 Chemicals of High Concern to Children will result in an addition of five 
chemicals to the List of high priority chemicals of concern in children’s products (ORS 431A.255.) This change is not 
expected to have any cost of compliance impact on the public or local or state governments, as they are not required to 
provide notification to the Authority. The Authority will likely see an increase in fee revenue, as manufacturers must 
pay a fee for each chemical reported. 
 
B) The modification of OAR 333-016-2035 Exhibit A is not expected to have any cost of compliance impact on local or 
state governments, or the public. 
 
C) The modification of OAR 333-016-2060 Notification Requirements is not expected to have any cost of compliance 
impact on local or state governments, or the public. 
 
(2)(a) ORS 431A.258 Disclosure by manufacturers only pertains to companies that gross over $5,000,000 in worldwide 
gross sales per year who manufacture children’s products that contain HPCCCH. The term manufacturer includes an 
importer or domestic distributer. We are unable to estimate the number of manufacturers that would be considered a 
small business based on available information. 
 
(b) ORS 431A.258 Disclosure by manufacturers only pertains to companies that gross over $5,000,000 in worldwide 
gross sales per year who manufacture children’s products that contain HPCCCH. The term manufacturer includes an 
importer or domestic distributer. If a small business met these criteria, they would be responsible for providing notice to 
the Authority and any related recordkeeping. 
 
(c) Manufacturers of children’s products that contain HPCCCH would be required to provide notice to the Authority. 
This will include labor costs and the submission of a $250 notification fee to the Authority. 
DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):
Small business representatives and trade associations were invited to participate as Rule Advisory Committee 
members. 
WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED?  YES
RULES PROPOSED:  
333-016-2020, 333-016-2035, 333-016-2060
AMEND: 333-016-2020
RULE SUMMARY: Amend Oregon Administrative Rule (OAR) 333-016-2020: Per Oregon Revised Statute (ORS) 
431A.255 List of high priority chemicals of concern in children’s products, the Authority is to review and amend OAR 
333-016-2020, Chemicals of High Concern to Children (CHCC) every three years from the date the rule first became 
effective (January 1, 2016).  The Authority proposes to amend OAR 333-016-2020 by adding five High Priority 
Chemicals of Concern for Children’s Health (HPCCCH) also referred to as Chemicals of High Concern to Children 
(CHCC). As recommended by ORS 431A.255, the five chemicals added are chemicals that are listed on Washington 
State Department of Ecology’s Reporting List of Chemicals of High Concern to Children (CHCC). Corrections to spelling 
or chemical wording in several of the HPCCCH in OAR 333-016-2020 were made. 
CHANGES TO RULE: 
Page 4 of 13333-016-2020  
Chemicals of High Concern to Children ¶  
 
The following chemicals are designated as high priority chemicals of concern for children's health when used in 
children's products:¶  
(1) Formaldehyde (50-00-0).¶  
(2) Aniline (62-53-3).¶  
(3) N-Nitrosodimethylamine (62-75-9).¶  
(4) Benzene (71-43-2).¶  
(5) Vinyl chloride (75-01-4).¶  
(6) Acetaldehyde (75-07-0).¶  
(7) Methylene chloride (75-09-2).¶  
(8) Carbon disulfide (75-15-0).¶  
(9) Methyl ethyl ketone (78-93-3).¶  
(10) 1,1,2,2-Tetrachloroethane (79-34-5).¶  
(11) Tetrabromobisphenol A (TBBPA) (79-94-7).¶  
(12) Bisphenol A (BPA) (80-05-7).¶  
(13) Bisphenol S (BPS) (80-09-1).¶  
(14) Di ethyl phthalate (DEP) (84-66-2).¶  
(15 cyclohexyl phthalate (DCHP) (84-61-7).¶  
(15) Diethyl phthalate (DEP) (84-66-2).¶  
(16) Diisobutyl phthalate (DIBP) (84-69-5).¶  
(17 ) Di-n-butyl phthalate (DBP) (84-74-2).¶  
(168) Di-n-hexyl phthalate (DnHP) (84-75-3).¶  
(179) Butyl benzyl phthalate (BBP) (85-68-7).¶  
(1820) N-Nitrosodiphenylamine (86-30-6).¶  
(219) Hexachlorobutadiene (HCDB) (87-68-3).¶  
(202) Propyl paraben (94-13-3).¶  
(213) Butyl paraben (94-26-8).¶  
(224) 2-Aminotoluene (95-53-4).¶  
(235) 2,4-Diaminotoluene (95-80-7).¶  
(246) Methyl paraben (99-76-3).¶  
(257) 4-Hydroxybenzoic acid (99-96-7).¶  
(268) Ethylbenzene (100-41-4).¶  
(279) Styrene (100-42-5).¶  
(2830) 4-Nonylphenol (104-40-5) .¶ 
(29 ; 4-NP and its isomer mixtures including CAS 84852-15-3 and CAS 25154-52-3. ¶  
(31 ) 4-Chloroaniline (106-47-8).¶  
(302) Acrylonitrile (107-13-1).¶  
(313) Ethylene glycol (107-21-1).¶  
(324) Toluene (108-88-3).¶  
(335) Phenol (108-95-2).¶  
(346) 2-Methoxyethanol (109-86-4).¶  
(357) Ethylene glycol monoethyl ether (110-80-5).¶  
(368) Triphenyl phosphate (TPP) (115-86-6).¶  
(379) Tris(2-chloroethyl) phosphate (TCEP) (115-96-8).¶  
(3840) Di-2-ethylhexyl phthalate (DEHP) (117-81-7).¶  
(3941) Di-n-octyl phthalate (DnOP) (117-84-0).¶  
(402) Hexachlorobenzene (118-74-1).¶  
(413) 3,3'-Dimethylbenzidine and Dyes Metabolized to 3,3'-Dimethylbenzidine (119-93-7).¶  
(424) Ethyl paraben (120-47-8).¶  
(435) 1,4-Dioxane (123-91-1).¶  
(446) Tetrachloroethene (127-18-4).¶  
(457) Benzophenone-2 (Bp-2) (131-55-5).¶  
(468) 4-tert-Octylphenol (140-66-9).¶  
(479) Estragole (140-67-0).¶  
(4850) 2-Ethylhexanoic acid (149-57-5).¶  
(4951) Pentachlorobenzene (608-93-5).¶  
(502) Bisphenol F (BPF) (620-92-8).¶  
Page 5 of 13(53 ) C.I. Solvent yellow 14 (842-07-9).¶  
(514) N-Methylpyrrolidone (872-50-4).¶  
(525) Decabromodiphenyl ether (BDE-209) (1163-19-5).¶  
(536) Ethylhexyl diphenyl phosphate (EHDPP) (1241-94-7).¶  
(57 ) Perfluorooctane sulfonic acid and its salts; PFOS (1763-23-1).¶  
(548) 4-Octylphenol (1806-26-4).¶  
(559) 2-Ethyl-hexyl-4-methoxycinnamate (5466-77-3).¶  
(560) Mercury (7439-97-6) and & mercury compounds including methyl mercury (22967 (7439 -927-6).¶  
(5761) Antimony and Antimony compounds (7440-36-0).¶  
(5862) Arsenic and Arsenic compounds (7440-38-2), including arsenic trioxide (1327-53-3) and dimethyl arsenic 
(75-60-5).¶  
(5963) Cadmium and cadmium compounds (7440-43-9).¶  
(604) Cobalt and cobalt compounds (7440-48-4).¶  
(615) Tris(1-chloro-2-propyl) phosphate (TCPP) (13674-84-5).¶  
(626) Tris(1,3-dichloro-2-propyl) phosphate (TDCPP) (13674-87-8).¶  
(637) Butylated hydroxyanisole (BHA) (25013-16-5).¶  
(648) Hexabromocyclododecane (25637-99-4).¶  
(659) Diisodecyl phthalate (DIDP) (26761-40-0).¶  
(6670) Diisononyl phthalate (unbranched) (DINP) (28553-12-0).¶  
(671) Short-chain chlorinated paraffins (SCCP) (85535-84-8).¶  
(6872) Chlorinated paraffins (108171-26-2).¶  
(73 ) 2-ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) (183658-27-7).  
Statutory/Other Authority: ORS 413.042, ORS 431A.255  
Statutes/Other Implemented: ORS 431A.255
Page 6 of 13AMEND: 333-016-2035
RULE SUMMARY: Amend OAR 333-016-2035 Exhibit A. Practical Quantification Limits (PQLs) and detection methods 
were added for the five chemicals proposed to be added to OAR 333-016-2020. Detection methods and PQLs for the 
68 HPCCCH currently in effect as well as the five HPCCHs proposed to be added were added or amended to align with 
Washington’s CHCCs list. 
CHANGES TO RULE: 
333-016-2035  
Manufacturer Disclosure of High Priority Chemicals of Concern for Childrens Health Used in Childrens Products: 
Practical Quantification Limits ¶  
 
(1) The practical quantification limit for a chemical that is a contaminant is 100 parts per million.¶  
(2) The practical quantification limits for intentionally added chemicals are the limits established in Exhibit A, 
incorporated by reference.  
Statutory/Other Authority: ORS 413.042  
Statutes/Other Implemented: ORS 431A.253 - 431A.280
RULE ATTACHMENTS DO NOT SHOW CHANGES. PLEASE CONTACT AGENCY REGARDING CHANGES.
 
Page 7 of 13 
Effective March 1, 2021  
Effective January 1, 2022                                                            Page 1 of 4   
 
OAR  333-016-2035  
Exhibit  A: Projected  PQLs  for the 7368 high  priority  chemicals  of concern  in children’s  products  
 
Chemical  CAS PQL 
(ppm)  Method  
1 Formaldehyde  50-00-0 5.0 Total Extraction/EPA 8315  or 
8270 8315  
2 Aniline  62-53-3 1.0  Total Extraction/EPA 8270  
3 N-Nitrosodimethylamine  62-75-9 1.0 Total Extraction/EPA  8270  
4 Benzene  71-43-2 1.0 Total Extraction/EPA 8260  
5 Vinyl  chloride  75-01-4 1.00.5 Total Extraction/EPA 8260  
6 Acetaldehyde  75-07-0 1.0 Total Extraction/EPA 8315  
7 Methylene  chloride  75-09-2 1.0 Total Extraction/EPA 8260  
8 Carbon  disulfide  75-15-0 110.0 Total Extraction/EPA 8260  
9 Methyl  ethyl  ketone  78-93-3 1.0 Total Extraction/EPA 8260  
10 1,1,2,2 -Tetrachloroethane  79-34-5 1.0 Total Extraction/EPA 8260  
11 Tetrabromobisphenol  A (TBBPA)  79-94-7 5020.0 Total Extraction/EPA  
1694 3540/GCMS  
12 Bisphenol  A (BPA)  80-05-7 201.0 Total Extraction/EPA 1694 8720  
13 Bisphenol  SS (BPS)  80-09-1 1.0 Total Extraction/EPA 1694  
14 Dicyclohexyl phthalate (DCHP)  84-61-784-
61-7 25.0 25.0 2
5.0 CPSC -CH-C1001 -09.3  
15 Diethyl  phthalate  (DEP)  84-66-2 5.025.0  CPSC -CH-C1001 -09.3  
16 Diisobutyl phthalate (DIBP)  84-69-5 25.0 25.0  CPSC -CH-C1001 -09.3  
17 Di-n-butyl  phthalate  (DBP)  84-74-2 25.0 CPSC -CH-C1001 -09.3 8720  
18 Di-n-hexyl  phthalate (DnHP)  84-75-3 25.0 CPSC -CH-C1001 -09.3 8720  
19 Butyl  benzyl  phthalate  (BBP)  85-68-7 25.0 CPSC -CH-C1001 -09.3 8720  
20 N-Nitrosodiphenylamine  86-30-6 1.0  Total Extraction/EPA 8720 8270 
21 Hexachlorobutadiene  (HCBDDB) 87-68-3 530.0 Total Extraction/EPA  8720 8260 
2022 Propyl  paraben  94-13-3 530.0 HPLC Total Extraction/EPA 8321  
23 Butyl  paraben  94-26-8 530.0 Total Extraction/EPA 8321 HPLC  
24 2-Aminotoluene  95-53-4 1.0 Total Extraction/EPA 8720 
25 2,4-Diaminotoluene  95-80-7 10.0 Total Extraction/EPA 8270 GC/MS  
26 Methyl  paraben  99-76-3 5.0 Total Extraction/EPA 8321 HPLC  
27 4-Hydroxybenzoic  acid 99-96-7 510.0 Total Extraction /HPLCi 
28 Ethylbenzene  100-41-4 1.0  Total Extraction/EPA 8260  
29 Styrene  100-42-5 1.0  Total Extraction/EPA 8260  
30 4-Nonylpheno ll; 4-NP and its isomer mixtures 
including CAS 84852 -15-3 and CAS 25154 -52-3 104-40-5 10.0  Total Extraction/ EPA 8270 /GC-
MSiUSGS  5-B2 
31 4-Chlor oaniline  106-47-8 160.0 Total Extraction/EPA 8720 8270  
32 Acrylonitrile  107-13-1 1.0 Total Extraction/EPA 8260  
3133 Ethylene  glycol  107-21-1 405.0  Total Extraction/EPA 8015  
Page 8 of 13 
Effective March 1, 2021  
Effective January 1, 2022                                                            Page 2 of 4  34 Toluene  108-88-3 0.51.0  Total Extraction/EPA 8260  
 
Chemical  CAS       PQL 
(ppm)  Method  
35 Phenol  108-95-2 160.0  Total Extraction/EPA 8270 
36 2-Methoxyethanol  109-86-4 10.0   Total Extraction/EPA 8015  
37 Ethylene  glycol  monoethyl  ether  110-80-5 10.0   Total Extraction/EPA 8015  
38 Triphenyl  phosphate  (TPP)  115-86-6 50.0   Total Extraction/EPA 8270  
39 Tris(2 -chloroethyl)  phosphate  (TCEP)  115-96-8 50.0    Total Extraction/EPA 8270  
40 Di-2-ethylhexyl  phthalate  (DEHP)  117-81-7 250.0 CPSC -CH-C1001 -09.3 8270  
41 Di-n-octyl  phthalate  (DnOP)  117-84-0 25.0 CPSC -CH-C1001 -09.3 8270  
42 Hexachlorobenzene  118-74-1 130.0 Total Extraction/EPA 8270  
43 3,3'-Dimethylbenzidine and Dyes Metabolized to 
same3,3'- Dimethylbenzidine  119-93-7 10.0 Total Extraction/EPA 8270  
44 Ethyl  paraben  120-47-8 530.0 Total Extraction/EPA HPLC 8321  
45 1,4-Dioxane  123-91-1 201.0 8720/many  Total Extraction/EPA 
8260  
46 Tetrachloroethene  127-18-4 0.5  Total Extraction/EPA 8260 0/many  
47 Benzophenone -2 (Bp-2) 131-55-5 520.0    Total  Extraction/  GC-FIDi 
48 4-tert-Octylphenol  140-66-9 10.0  Total Extraction/ GC-MSiUSGS  5-B2 
49 Estragole  140-67-0 10.0  Total Extraction/ GC-MSiIFRA  GCMS  
50 2-Ethylhexanoic  Acid  149-57-5 51.0 Total Extraction/ GC-MSiNot given  
51 Pentachlorobenzene  608-93-5 1.0  Total Extraction/EPA 8270  
52 Bisphenol F (BP F) 620-92-8 1.0 Total Extraction/ EPA 1694  
53 C.I. Solvent  Yellow  14 842-07-9 1.0 Total Extraction/ LC-M/MSi1 
54 N-Methylpyrrolidone  872-50-4 501.0  Total  Extraction/  8015/8270  
55 Decabromodiphenyl  ether  (BDE -209)  1163 -19-5 10.0  Total  Extraction/  8270  
56 Ethylhexyl diphenyl phosphate ( EHDPP)  1241 -94-7 50.0  Total Extraction/ GC -MSi 
57 Perfluorooctane  sulfonic  acid and its salts;  (PFOS ) 1763 -23-1 01.001 Total Extraction/ LC -M/MSiEPA 
PFOA  
58 4-Octylphenol  1806 -26-4 10.0  Total Extraction/ GC -MSiUSGS  5-B2 
59 2-Ethyl -hexyl -4-methoxycinnamate  5466 -77-3 5.0 Total Extraction/ HPLC 
60 Mercury (7439 -97-6) & mercury compounds 
including  methyl  mercur Mercury  & mercury 
compounds  7439 -97-6 0.5  Total Digestion / EPA2EPAii 
61 Antimony  & Antimony  compounds  7440 -36-0 1.0 Total Digestion (EPA 3052)/ EPA 
6020iiiEPA3 
62 Arsenic & Arsenic compounds including 
arsenic      trioxide e 
(1327 -53-3) and dimethyl  arsenic  (75-60-
5) 7440 -38-2 1.0 Total Digestion (EPA 3052)/ EPA 
6020iiEPA3 
63 Cadmium  & cadmium compounds  7440 -43-9 1.0 Total Digestion (EPA 3052)/ EPA 
6020iiEPA3 
64 Cobalt  & Cobalt  compounds  7440 -48-4 1.0 Total Digestion (EPA 3052)/ EPA 
Page 9 of 13 
Effective March 1, 2021  
Effective January 1, 2022                                                            Page 3 of 4  6020iiEPA3 
65 Tris(1 -chloro -2-propyl)  phosphate  (TCPP)  13674 -84-5 50.0  Total Extraction/ EPA 8270  
66 Tris(1,3 -dichloro -2-propyl)  phosphate  (TDCPP)  13674 -87-8 50.0  Total Extraction/ EPA 8270  
67 Butylated  hydroxyanisole  (BHA)  25013 -16-5 10.0  Total Extraction/ GC -MSiUSGS  5-B2 
68 Hexabromocyclododecane  25637 -99-4 1050.0 Total Extraction/ EPA 
1694 3540/GCMS  
  
Page 10 of 13 
Effective March 1, 2021  
Effective January 1, 2022                                                            Page 4 of 4  Chemical  CAS PQL 
(ppm)  Method  
69 Diisodecyl  phthalate  (DIDP)  26761 -40-0 2550.0  CPSC -CH-C1001 -09.3 8270  
70 Diisononyl  phthalate  (unbranched)  (DINP)  28553 -12-0 2550.0 CPSC -CH-C1001 -09.3 8270  
71 Short -chain  chlorinated  paraffins  (SCCP)  85535 -84-8 50.0 Total Extraction/ GC-MSi 
72 Chlorinated paraffins  108171 -26-2 50.0  Total Extraction/ GC -MSi 
73 2-ethylhexyl -2,3,4,5 -tetrabromobenzoate  (TBB)  183658 -27-7 50.0  Total Extraction/ EPA 8270 
 
 
i Washington Department of Ecology has determined  the instrumentation used for some applications may not be applicable to all product matrices.  
HPLC = high performance liquid chromatography  
GC-FID = gas chromatography -flame ionization detector  
GC-MS = gas chromatography -mass spectrometry  
LC-MS/MS = liqui d chromatography tandem -mass spectrometry  
 
ii EPA = SW -846 general method 6020 or appropriate SW -846 7000 metal specific analysis, https://www.epa.gov/hw -sw846  
 
iii Hydrofluoric acid only needed with a glass matrix  
Page 11 of 13AMEND: 333-016-2060
RULE SUMMARY: Amend OAR 333-016-2060 Notification Requirements. Temporary amendments were made to OAR 
333-016-2060 effective August 26, 2021 (Temporary Administrative Order PH 40-2021) and this rulemaking seeks to 
make those changes permanent. Two clarifications are made in this rule: a) for purposes of this rule, "unit" has the same 
meaning as "component part" as that is defined in OAR 333-016-2010; and b) it specifies that the amount of a chemical 
used in each unit within each product category is to be reported and, if there are multiple concentrations for a given unit 
in a particular product category, the unit with the highest concentration is to be reported. 
CHANGES TO RULE: 
333-016-2060  
Notification Requirements ¶  
 
(1) For purposes of this rule, "unit" has the same meaning as "component part" as that is defined in OAR 333-016-
2010.¶  
(2) No later than January 1, 2018, and every other year thereafter, a manufacturer of a children's product sold or 
offered for sale in this state that contains a HPCCCH listed in OAR 333-016-2020 in an amount at or above a de 
minimis level must submit:¶  
(a) A notice to the Authority that contains all the information required in these rules, unless the manufacturer or 
product is exempt; and¶  
(b) A nonrefundable fee of $250 for the notification of each HPCCCH as specified in OAR 333-016-2080.¶  
(23) The first manufacturer's notice due on January 1, 2018, applies to children's products sold or offered for sale 
in this state between January 1, 2017 and December 31, 2017.¶  
(34) Subsequent manufacturer reports are due on January 1st of even numbered years for the previous two-year 
biennial notice period. For example, for the reporting year 2020, a manufacturer must include children's products 
sold or offered for sale between January 1, 2018, and December 31, 2019, that contain a HPCCCH listed in OAR 
333-016-2020.¶  
(45) The notice required in section ( 12) of this rule must include the following:¶  
(a) The name and Chemical Abstracts Service Registry Number of the chemical contained in the children's 
product;¶  
(b) The product category of the children's product that contains the chemical;¶  
(c) A description of the function of the chemical in the children's product;¶  
(d) The amount of the chemical used in each unit within each product category.  The amount of the chemical used in 
each unit of the children's product is to be reported as a range rather than an exact amount ;. If there are multiple 
concentrations for a given unit in a particular product category, the manufacturer must use the highest 
concentration for reporting. ¶ 
(e) The target age category for whom the children's product is intended, either ages 0-3, 3-12 or 0-12 years-old .;¶ 
(f) The number of the children's product that contain the high priority chemical either sold or offered for sale in 
Oregon during the biennial notice period;  ¶ 
(g) The name and address of the manufacturer, and the name, address and telephone number of the contact 
person for the manufacturer;¶  
(h) The name, address and contact information for the trade association submitting the notification on behalf of 
the affected industry; and¶  
(i) Any other information that the manufacturer deems relevant to the appropriate use of the children's product.¶  
(56) No later than January 1, 2020, and every other year thereafter, notices to the Authority shall be submitted 
utilizing the Interstate Chemicals Clearinghouse's High Priority Chemicals Data System (HPCDS) or alternate 
data system designated by the Authority. A link to the data system will be made available on the Toxic Free Kids 
Program website: www.healthoregon.org/toxicfreekids.  ¶ 
(67) If a manufacturer, required to report under ORS 431A.258, is acquired by another business entity, merges 
into another business entity or separates into distinct business entities, the new controlling entity must submit the 
required biennial notices to the Authority.¶  
(78) If a manufacturer has included a children's product in a notice required under these rules, and determines 
that there is no change to the information for the product except the number of products sold or offered for sale 
submitted to the Authority in the previous notice, the manufacturer may, in lieu of including the children's product 
again in a subsequent notice, submit a written statement, or if available, an electronic notification indicating that 
the previous reported data is still valid for that children's product. The notification shall include the number of 
products sold or offered for sale during the biennial notice period.¶  
Page 12 of 13(89) A trade association may provide the notice required in these rules on behalf of a member manufacturer. If a 
trade association reports on a member manufacturer's behalf, the trade association must specify which member 
or members the association is reporting on behalf of, including the name and contact information of a 
representative for each of those members, and must submit the fees for each member as required in OAR 333-
016-2080.¶  
(910) A trade association who fulfills the notice or exemption from notice requirements as well as waiver or 
hazard assessment requests in these rules on behalf of a member manufacturer will not be held liable for a 
violation or penalty as a result of the member manufacturer's noncompliance with the requirements of these 
rules.¶  
(101) A manufacturer may, during the notification process, submit to the Authority recommendations regarding 
technical, financial or logistical support considered necessary for the implementation of innovation and green 
chemistry solutions related to HPCCCH used in children's products.¶  
(112) Only one person or entity that falls within the definition of manufacturer is required to report with respect 
to a particular children's product. The Authority will hold the following primarily responsible for ensuring that it 
receives a complete, accurate, and timely notice for the children's product, in the following order:¶  
(a) Any person or entity that manufactured the children's product, unless it has no presence in the United States.¶  
(b) Any person or entity that distributed or made available for distribution the children's product, unless it has no 
presence in the United States.¶  
(c) The importer or owner of the children's product in the United States.¶  
(123) The Authority will enforce the reporting requirements in this rule against a manufacturer in the same order 
as the priority order for reporting in section (1 12) of this rule.  ¶ 
(134) If a manufacturer has included a children's product in a notice required under these rules, and removes the 
HPCCCH from that children's product it shall, within 180 days of removal, submit a written statement, or if 
available, an electronic notification indicating the HPCCCH that was removed, whether another HPCCCH was 
substituted and the date the removal was effective, unless the Authority has already been notified under OAR 
333-016-3010(1). Such notification will help the Authority avoid any unnecessary enforcement actions because of 
a failure to report or failure to comply with the other requirements of these rules.  
Statutory/Other Authority: ORS 413.042, 431A.258  
Statutes/Other Implemented: ORS 431A.258
 
Page 13 of 13