Toxic Chemicals in Children's Products Program: Chemicals and Practical Quantitation Limits Under Consideration (Draft Update, Feb. 2023)

New York State Department of Environmental Conservation

NY DEC TCCP 2023 — Chemicals and PQLs under consideration (draft)

This is a stakeholder draft released by the New York State Department of Environmental Conservation (NY DEC) in February 2023, updating the September 2021 chemical list proposed under the Toxic Chemicals in Children’s Products (TCCP) program (Title IX of Article 37 of the New York Environmental Conservation Law, ECL § 37-0901 et seq.). The TCCP program addresses chemicals in consumer products primarily intended for children aged twelve and under. The document is explicitly “Information Available for Public Comment / Not a Final Agency Determination,” with stakeholder comments due March 20, 2023, and a draft rule expected to follow. It is not a binding rule. The document defines a draft Chemicals of Concern (COC) list, a draft High Priority Chemicals (HPC) list, and, for each chemical, the practical quantitation limit (PQL) above which manufacturers would be required to report use of the chemical in children’s products sold in New York State.

Key numbers

All values are practical quantitation limits (PQLs) or reporting limits (RLs) in parts per million (ppm) of finished product or product component, expressed as total metal content (not leachable or soluble). The document explicitly states: “For all heavy metals, manufacturers should report the total metal content, as opposed to leachable or soluble metal content” (p. 15 header note).

Heavy metals draft PQLs (Table 1, “Heavy Metals” section, pp. 15-18):

Antimony (Sb) [7440-36-0] and antimony compounds — PQL 1.0 ppm (PQL source: WA, OR, VT children’s-products PQL lists). TCCP Group: COC-1a; HPC-a. Hazard sources cited: US TSCA Work Plan (carcinogen, developmental toxicant, reproductive toxicant), WA Ecology 2021, CA Prop 65 / US NTP for antimony trioxide carcinogenicity.
Arsenic (tAs) [7440-38-2] and arsenic compounds (including arsenic trioxide [1327-53-3], dimethyl arsenic acid [75-60-5], gallium arsenide [1303-00-0]) — PQL 1.0 ppm (PQL source: WA, OR, VT). TCCP Group: COC-1a; HPC-statute (named in the TCCP statute itself). Hazard sources: IARC, US IRIS, US NTP, US TSCA Work Plan carcinogen; US ATSDR / US TSCA Work Plan neurotoxicant; CA Prop 65 carcinogen and developmental toxicant for inorganic compounds and oxides. The document notes the HPCDS reporting menu treats arsenic as total: “All forms of arsenic should be summed and reported using this label” (p. 15).
Cadmium (Cd) [7440-43-9] and cadmium compounds — PQL 1.0 ppm (PQL source: WA, OR, VT). TCCP Group: COC-1a; HPC-statute. The document notes: “The TCCP statute requires that cadmium be an HPC, except when in toy coatings. DEC is considering HPC status for cadmium in all children’s products” (p. 16). Hazard sources: CA Prop 65, IARC, US IRIS, US NTP, US TSCA Work Plan carcinogen; US ATSDR neurotoxicant.
Chromium total (Cr) [7440-47-3] — PQL 5.0 ppm total chromium (PQL source: AFIRM, Tesco). TCCP Group: COC-1a. Hazard sources: AOEC and Quebec asthmagen lists; US TSCA Work Plan developmental and reproductive toxicant.
Hexavalent chromium (Cr-VI) [18540-29-9] / chromium(VI) compounds — PQL 3.0 ppm hexavalent chromium (PQL source: AFIRM, BBB). TCCP Group: COC-1a; HPC-b (added in 2023 draft based on review of literature on presence in humans, household dust, or environment). Hazard sources: AOEC asthmagen; IARC, US IRIS, US NTP carcinogen; CA Prop 65 developmental and reproductive toxicant. Related listed entries: trivalent chromium compounds [16065-83-1], ammonium dichromate [7789-09-5], chromate [13907-45-4], chromic acid [1333-82-0], Levafix Brilliant Yellow E36 [37300-23-5] / C.I. Pigment Yellow 36.
Cobalt [7440-48-4] and cobalt compounds — PQL 1.0 ppm (PQL source: WA, OR, VT). TCCP Group: COC-1a; HPC-b. Note: cobalt is not on the HMI core analyte list.
Lead (Pb) [7439-92-1] and lead compounds — PQL 1.0 ppm (PQL source: VT). TCCP Group: COC-1a; HPC-b (added in 2023 draft). Hazard sources: CA Prop 65, US NTP carcinogen; CA Prop 65 and US TSCA Work Plan developmental and reproductive toxicant; US ATSDR and US TSCA Work Plan neurotoxicant; US TRI PBT; VT children’s products list.
Manganese [7439-96-5] and manganese compounds — PQL 50.0 ppm (PQL source: Nike RSL). TCCP Group: COC-1b. Note: manganese is not on the HMI core analyte list.
Mercury (tHg) [7439-97-6] and mercury compounds (including methyl mercury [22967-92-6] and methylmercury compounds) — PQL 0.5 ppm (PQL source: WA, OR, VT). TCCP Group: COC-1a; HPC-statute. Hazard sources for mercury: CA Prop 65 developmental toxicant; US ATSDR and US IRIS neurotoxicant; US TRI PBT. Methyl mercury (MeHg) hazard sources: CA Prop 65 carcinogen and developmental toxicant; US IRIS neurotoxicant; WA PBT list.
Molybdenum [7439-98-7] — PQL 1.0 ppm (PQL source: VT). TCCP Group: COC-1a. Not on the HMI core analyte list.
Nickel (Ni) [7440-02-0] and nickel compounds (including nickel carbonyl, nickel subsulfide, nickel sulfate, nickel acetate, nickel carbonate, nickel oxide, nickel dihydroxide, nickel trihydroxide, nickelocene) — PQL 0.05 ppm (PQL source: AFIRM). TCCP Group: COC-1a. Hazard sources: AOEC asthmagen (metallic nickel); CA Prop 65, IARC, US NTP carcinogen; CA Prop 65 carcinogen and developmental toxicant for nickel carbonyl; CA Prop 65 and US IRIS carcinogen for nickel subsulfide; Quebec asthmagen for nickel sulfate. The 0.05 ppm PQL is the most stringent heavy-metal PQL proposed in the draft.
Thallium [7440-28-0] — generic reporting limit 100.0 ppm. TCCP Group: COC-2 (no chemical-specific PQL documented). Not on the HMI core analyte list.
Thorium [7440-29-1] (including thorium-232 and decay products) — PQL 30.0 ppm (PQL source: US EPA 6200, derived from method detection limit of 10.0 ppm × conversion factor of 3). TCCP Group: COC-1a. Not on the HMI core analyte list.
Vanadium pentoxide [1314-62-1] — reporting limit unknown. TCCP Group: COC-3 (neither a chemical-specific PQL nor a documented test method identified at draft stage). Not on the HMI core analyte list.
Beryllium [7440-41-7] and beryllium compounds (including beryllium oxide [1304-56-9], beryllium sulfate [13510-49-1]) — PQL 0.8 ppm (PQL source: CCME 2016). TCCP Group: COC-1a. Listed under “Other Chemical Elements” rather than “Heavy Metals,” p. 19. Not on the HMI core analyte list.
Selenium [7782-49-2] and selenium compounds (including selenious acid [7783-00-8], selenium sulfide [7446-34-6]) — PQL 50.0 ppm (PQL source: AFIRM). TCCP Group: COC-1b. Not on the HMI core analyte list.

TCCP Group codes used in Table 1 (defined pp. 5-8):

COC-1a: Chemical of Concern presented in the September 2021 stakeholder draft with a chemical-specific test method and PQL.
COC-1b: Chemical of Concern newly added in the February 2023 draft with a chemical-specific test method and PQL.
COC-2: Chemical of Concern with a documented test method but no chemical-specific PQL; assigned the generic reporting limit of 100 ppm. DEC explicitly invites input on whether this generic threshold is appropriate.
COC-3: Chemical of Concern for which neither a chemical-specific PQL nor a documented test method has been identified. DEC invites input on testing feasibility.
HPC-statute: High Priority Chemical named in the TCCP statute itself.
HPC-a: Designated HPC in the September 2021 draft based on meeting the statutory HPC criteria.
HPC-b: HPC newly added in the February 2023 draft based on public comment and DEC review documenting presence in children’s products, humans, household dust, drinking water, fish, wildlife, or the natural environment (per ECL § 37-0905(2)(b)).

Process scope (pp. 1-5):

The September 2021 draft identified approximately 200 chemicals and chemical groups. In response to public comment, DEC researched roughly 1,100 additional chemicals and added approximately 400 to the draft, yielding the February 2023 expanded list.
Approximately 50 chemicals were designated HPCs in the 2021 draft; approximately 30 additional chemicals were added as HPC-b in the 2023 draft.
The COC identification process merged 15 widely recognized authoritative lists (IARC, US IRIS, US NTP, CA Prop 65, US TSCA Work Plan, US NTP Repr/Dev Tox, US ATSDR Neurotoxicant, AOEC Asthmagen, Quebec Asthmagen, EU Endocrine Disruptor, EU PBT, US TRI PBT, WA PBT, EU vPvB, ME Priority Chem) and added the four state children’s-products programs (WA, OR, VT, ME) plus the 76 chemicals/chemical groups named in the TCCP statute itself.

Methods (brief)

The PQLs were not derived experimentally for this document. NY DEC compiled PQLs from four classes of source:

Other state children’s-products program PQL documents — Washington (WA PQL List), Oregon (OR PQL List), Vermont (VT PQL List).
Corporate / trade-association Restricted Substances Lists (RSLs) — AFIRM (Apparel and Footwear International), Bed Bath & Beyond, Columbia Sportswear, Deckers Brands, Nike (in use since 2001), Peak Performance, Tesco.
Commercial laboratory product test reports and commercial-laboratory testing experts (kept confidential under business-information protections; DEC obtained references to publicly available method documentation).
Authoritative government reports and peer-reviewed scientific studies.

Where only a method detection limit (MDL) was available, DEC applied a uniform conversion factor of 3 (referencing VT DEC and NY DEC 2020, US EPA n.d., and Jones, R.P. and J.U. Clarke 2005) to derive a PQL. Where structural similarities or a shared test method allowed, DEC used a read-across approach — adopting the PQL of a well-documented source chemical for a structurally related target chemical (e.g., erionite read-across from asbestos at 0.15 ppm; p. 14). Analytical methods are not prescribed in this draft document but are referenced via the PQL-source column in Table 1.

Implications

Certification: The TCCP draft is the operative NY-State-specific draft regulatory baseline for heavy metals in children’s products, and is structurally similar to the existing Washington Chemicals of High Concern to Children (CHCC), Vermont CHCC, Oregon CHCC, and Maine Priority Chem list. For HMT&C Cat 2 (children’s personal care, contact-route children’s products), the heavy-metal PQLs proposed here (Pb 1.0 ppm, Cd 1.0 ppm, tHg 0.5 ppm, tAs 1.0 ppm, Sb 1.0 ppm, Cr 5.0 ppm, Cr-VI 3.0 ppm, Ni 0.05 ppm) sit at the finished-product reporting-threshold level — they are reporting triggers under a disclosure rule, not toxicological limits on contamination. HMT&C row standards for Cat 2 should reference this draft as the New York reporting-threshold context but should not adopt these PQLs as certification limits without independent percentile arithmetic, because reporting thresholds and certification thresholds answer different questions (disclosure trigger vs. ratcheting target). The PQLs are also expressed as total metal in product or product component, consistent with the HMT&C as-placed-on-market basis convention for cosmetic / personal-care rows.

The 0.05 ppm nickel PQL is notable as the most stringent heavy-metal threshold in the draft and aligns with AFIRM’s textile and footwear chain practice. The 1.0 ppm lead PQL lands at the same level as the WA TFCA 2023 toothpaste cap of 1000 µg/kg (1 ppm = 1 mg/kg = 1000 µg/kg), but the TCCP applies far more broadly (any children’s product, not only cosmetics).

Courses: Useful as a worked example of (a) state-by-state divergence in children’s-product regulation; (b) the distinction between reporting-threshold rulemaking (TCCP) and finished-product-cap rulemaking (WA TFCA); (c) the PQL-derivation methodology that read-across, method-detection-limit conversion, and corporate RSL adoption produce when an agency lacks chemical-specific test methods. The COC-1 / COC-2 / COC-3 tier structure is a useful framing for how regulators handle chemicals where method development lags hazard identification.

App: Country-of-origin or state-of-sale “US-NY” plus product category “children’s product” (broadly construed under ECL Article 37) triggers the draft TCCP reporting thresholds listed above. The app should mark TCCP triggers as draft / proposed rather than binding until a final rule is adopted, and should track separately from binding state caps (such as WA TFCA Pb 1.0 ppm in cosmetics).

Wiki pages updated on ingest

Verification notes

Document filename (01_tccp_chem_lists_2021.pdf) carries the year 2021 because the underlying program kickoff was September 2021; the document itself is the February 2023 stakeholder draft update (cover page: “Draft Update, Feb. 2023”). Year frontmatter set to 2023 to match document date, not filename.
This is a draft for public comment, not a binding rule. Body explicitly flags this so downstream readers (and the app) do not treat the PQLs as enforceable. Evidence tier A is retained because the source is an official state-agency publication compiled from authoritative hazard lists, but the draft status is the load-bearing caveat.
Only the heavy-metals and other-chemical-elements sections of Table 1 (pp. 14-19) and the corresponding entries of Table 2 (pp. 91, “Minerals and Heavy Metals” section) are abstracted into Key numbers. The remainder of Table 1 (organic chemical classes pp. 20-90 — alkylphenols, aromatic amines, bisphenols, dioxins, glycols, nitrosamines, organohalogen flame retardants, organophosphate flame retardants, parabens, paraffins, PFAS, pesticides, phthalates, PAHs, quaternary ammonium compounds, siloxanes, VOCs, etc.) and the rest of Table 2 are outside HMI scope (heavy metals only) and were intentionally not transcribed. The PDF read pages 1-20 and 91-96 to capture the heavy-metals and HPC-mineral tables and the document’s process and definitions.
access_url left null because the draft document does not carry a stable persistent URL on the PDF cover; the contact reference is TCCPprogram@dec.ny.gov. Not invented per verify-don’t-fabricate discipline.
evidence_tier: A consistent with docs/conventions.md A-tier definition for “government reports”; the draft-status caveat is in the body and verification notes rather than in tier.
metals: frontmatter restricted to HMI-scope analytes covered by the source: Sb, tAs, Cd, Cr, Cr-VI, Pb, tHg, MeHg, Ni. Cobalt, manganese, molybdenum, thallium, thorium, vanadium, beryllium, selenium are discussed in Key numbers but are outside HMI core analyte scope; they are not added to frontmatter to keep routing focused.
iAs not added to frontmatter: the TCCP arsenic entry explicitly directs reporting of all arsenic species summed under a single tAs label (“All forms of arsenic should be summed and reported using this label,” p. 15). The regulation operates on total arsenic, not speciated arsenic.
Product scope: ECL § 37-0901 et seq. applies to all consumer products primarily intended for children aged twelve and under. The products: array was scoped to the HMI taxonomy product slugs most directly matched by the regulation’s coverage (children’s personal care, cosmetics, baby-care personal-care, diaper-care, painted toys, pacifiers, infant clothing). Other potentially in-scope children’s product categories (cribs, strollers, car seats, high chairs, bibs, blankets) were not added because the regulation does not single them out from the general “children’s product” class and broad enumeration would over-fan-out the routing layer beyond the heavy-metals-relevant subset. The matrices field carries the broader scope (childrens-product-finished-good).
No brand-by-brand contamination data appears in this document (it is a regulatory chemical list, not a product-testing study). Brand names appearing in the document — AFIRM members (Apparel & Footwear International RSL Management Working Group), Bed Bath & Beyond, Columbia Sportswear, Deckers Brands, Nike, Peak Performance, Tesco — are referenced as Restricted Substances List authorities the agency consulted to derive PQLs. These are method-source attributions per the Part 12 Exception 2 (“Scientific-method vendor/material names”) carve-out, not brand-attributed contamination measurements. They appear in the Methods (brief) section without violation.
Audit subagent (2026-06-01) flagged one ⚠️ prose contradiction in Implications: the prior phrasing “one order of magnitude looser than the WA TFCA 2023 toothpaste cap of 1000 µg/kg (= 1.0 ppm)” was self-contradictory, since 1 ppm = 1000 µg/kg. Verified against unit arithmetic; corrected by rewriting the clause to state the two regulations land at the same per-product level for lead and showing the unit conversion explicitly. Checks 1-5 otherwise ✅; subagent verdict PROMOTE with optional prose polish.

Page history

The five most recent substantive edits to this page. The full version history lives in git; when DOI minting comes online (see schema docs), each entry below will also link to a version-pinned DataCite DOI.

Commit	Date	Description
c1aef38	2026-06-02	audit-queue: hamid2021-bacterial-plant-biostimulants-review → audited-promote

Heavy Metal Index

Index