Follow this link to downlod the Initial Statement of Reasons
Follow this link to download the Proposed Regulatory Text
Comments on Proposed Hazardous Traits Regulation
Peer Review Comments
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to add chapter 54 to division 4.5 of Title 22, to the California Code of Regulations. OEHHA is proposing this regulation as required by Health and Safety Code section 25251, which was adopted via SB 509 (Simitian, Chapter 560, Statutes of 2008). This proposed regulation specifies hazard traits and environmental and toxicological endpoints and other relevant data that are to be included in the Toxics Information Clearinghouse to be developed by the Department of Toxic Substances Control, pursuant to Health and Safety Code section 25256, et seq., which was also adopted via SB 509. For details on the Green Chemistry Program, see: http://www.oehha.ca.gov/multimedia/green/index.html and http://www.dtsc.ca.gov/PollutionPrevention/GreenChemistryInitiative/index.cfm.
A public hearing will be held on January 31, 2011 at which time any person may present statements or arguments orally or in writing relevant to the action described in this notice. The public hearing will commence at 10:00 a.m. in the Coastal Hearing Room, California Environmental Protection Agency Building, 1001 I Street, 2nd Floor, Sacramento, California and will last until all business has been conducted, or until noon.
If you have any special accommodation or language needs, please contact Monet Vela at (916) 323-2517 or firstname.lastname@example.org by January 14, 2011. TTY/TDD/Speech-to-Speech users may dial 7-1-1 for the California Relay Service.
A written comment period begins today and ends on February 15, 2011. Any written statements or arguments, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on February 15, 2011, which is hereby designated as the close of the written comment period.
Written comments regarding this proposed regulatory action may be sent by mail or by e-mail addressed to:
Office of Environmental Health Hazard Assessment
P. O. Box 4010
Sacramento, California 95812-4010
Comments sent by courier should be delivered to:
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor MS-25B
Sacramento, California, 95814
OEHHA is proposing this regulation as required by Health and Safety Code section 25256.1, which requires OEHHA “to evaluate and specify the hazard traits, toxicological and environmental endpoints, and any other relevant data to be included” in a Toxics Information Clearinghouse.
Inquiries concerning the substance and processing of the action described in this notice may be directed to Fran Kammerer, in writing at the address given above or by telephone at (916) 445-4693. Monet Vela is a back-up contact person for inquiries concerning processing of this action and is available at (916) 323-2517.
Health and Safety Code section 25251 et seq. requires the Department of Toxic Substances Control (DTSC) to “establish the Toxics Information Clearinghouse, which shall provide a decentralized, Web-based system for the collection, maintenance, and distribution of specific chemical hazard trait and environmental and toxicological end-point data.”
Section 25256.1 of the same law requires OEHHA, by January 1, 2011, to evaluate and specify the hazard traits and environmental and toxicological endpoints and any other relevant data that are to be included in the clearinghouse.
In turn, the information included in the Toxics Information Clearinghouse can be used by DTSC, industry and the public to evaluate the hazards associated with the use of chemicals in consumer products. See Health and Safety Code section 25252 et seq. for more information on this process.
OEHHA must comply with its statutory mandate to specify the hazard traits, environmental and toxicological endpoints and other relevant data that are to be included in the state’s Toxics Information Clearinghouse. OEHHA has gathered information from a variety of state, federal and international sources in order to develop this regulation and meet its legislative mandate. This proposed regulation is complementary to the work DTSC has been tasked with concerning the development of the state’s Green Chemistry Program.
Policy Statement and Overview of the Proposed Regulation
The law envisions that the Green Chemistry Toxics Information Clearinghouse will “provide a decentralized, Web-based system for the collection, maintenance and distribution of specific chemical hazard trait and environmental and toxicological endpoint data.” As such, it will provide basic scientific information that will be available to agencies, the public, industry and government scientists and engineers evaluating chemicals in consumer products. Health and Safety Code section 25252 requires DTSC1 to evaluate and prioritize chemicals by developing criteria that include, but are not limited to, traits, characteristics, and endpoints, developed by OEHHA for the Toxics Information Clearinghouse established under Health and Safety Code section 25256.1.
This proposed regulation would implement OEHHA’s mandate under Health and Safety Code section 25256.1. The regulation:
Health and Safety Code section 25256.1 requires OEHHA to evaluate hazard traits after one or more public workshops. OEHHA conducted four public workshops related to this mandate. The first workshop was conducted in Sacramento in January 2009 to receive preliminary ideas about hazard traits, endpoints and any other relevant data to include in the Toxics Information Clearinghouse.
Two workshops, conducted in March and May 2010, explored the science underlying hazard traits. These two workshops were conducted in collaboration with the following University of California (UC) entities: UC Center for Occupational and Environmental Health, UCLA Law and Environmental Health Sustainable Technology Policy Program, UC Berkeley Center for Green Chemistry, and the UC Toxic Substances Research and Teaching Program. OEHHA invited scientific experts from the federal government, academia, industry and environmental groups to make presentations, provide advice and otherwise participate in these workshops.
The fourth workshop was conducted on August 23, 2010, in conjunction with the release of a pre-regulatory draft proposal. OEHHA developed and released the pre-regulatory draft to provide the workshop material for a substantive discussion of any questions or concerns about the draft, prior to the commencement of the formal regulatory process.
In addition to the workshop, the public was invited to submit written comments on the pre-regulatory draft proposal. The public comment period lasted from August 11 to September 13, 2010. The workshop was well attended and many written comments were received. OEHHA carefully reviewed the public comments received when developing this proposed regulation.
The information OEHHA received from these workshops helped inform OEHHA’s efforts when developing the proposed regulation. Some of the general comments OEHHA received on the pre-regulatory draft are discussed in this statement of reasons in order to explain why OEHHA chose one path over another to develop specific provisions of the proposed regulation. All the written public comments received by OEHHA during the pre-regulatory comment period are available for public inspection.
Further, OEHHA developed the proposed regulation in consultation with DTSC and other state agencies. This proposed regulation complements the regulations currently proposed by DTSC for Chapter 532.
Health and Safety Code section 25256.1.
Health and Safety Code sections 25251, 25252, 25256, 25256.1.
IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS
OEHHA has determined the proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursuant to Part 7 (commencing with Section 17500) of Division 4 of the Government Code. OEHHA has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action.
COSTS OR SAVINGS TO STATE AGENCIES
Adoption of these regulations will not impose new duties on OEHHA or any other state agency other than the need to periodically review and update the regulation to keep up with changing scientific knowledge and methodologies
EFFECT ON FEDERAL FUNDING TO THE STATE
OEHHA has initially determined that no costs or savings in federal funding to the State will result from the proposed regulatory action.
EFFECT ON HOUSING COSTS
OEHHA has initially determined that the proposed regulatory action will have no effect on housing costs.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE
OEHHA has made an initial determination that the adoption of the proposed regulation will not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. The proposed regulation defines the types of scientific information that DTSC may include in the Toxics Information Clearinghouse Database. The Toxics Information Clearinghouse is simply a repository for information, much like an electronic library. No private person or business is required to do anything by the proposed regulation.
IMPACT ON THE CREATION, ELIMINATION, OR EXPANSION OF JOBS/BUSINESSES
OEHHA has initially determined that the proposed regulatory action will not have any impact on the creation or elimination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses currently doing business within the State of California.
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES
OEHHA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.
EFFECT ON SMALL BUSINESSES
OEHHA has determined that the proposed regulatory action will not impose any new or additional requirements on small business. The proposed regulation defines the types of scientific information that DTSC may include in the Toxics Information Clearinghouse Database. The Toxics Information Clearinghouse is simply a repository for information, much like an electronic library. No small business is required to do anything by the proposed regulation
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code section 11346.5(a)(13), OEHHA must determine that no reasonable alternative considered by OEHHA, or that has otherwise been identified and brought to the attention of OEHHA, would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action.
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS
OEHHA has prepared and has available for public review an Initial Statement of Reasons, which contains all the critical information upon which the proposed regulation is based, and the text of the proposed regulations. A copy of the Initial Statement of Reasons and a copy of the text of the proposed regulations are available upon request from Monet Vela at (916) 323-2517. These documents are also posted on OEHHA’s Web site at www.oehha.ca.gov.
AVAILABILITY OF CHANGED OR MODIFIED TEXT
The full text of any part of the proposed regulation which is changed or modified from the express terms of the proposed action will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regulation. Notice of the comment period on the revised proposed regulation and the full text will be mailed or e-mailed to individuals who testified or submitted oral or written comments at the public hearing, whose comments were received by OEHHA during the public comment period, and who request notification from OEHHA of availability of such change. Copies of the notice and the revised proposed regulation will also be available at the OEHHA’s Web site at www.oehha.ca.gov.
FINAL STATEMENT OF REASONS
A copy of the Final Statement of Reasons may be obtained, when it becomes available, from Monet Vela at (916) 323-2517. The Final Statement of Reasons will also be available at the OEHHA’s Web site at www.oehha.ca.gov.
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
(Original signed by)
Allan Hirsch Chief Deputy Director
1Assembly Bill 1879, Feuer, Chaptered September 2008, codified at Health and Safety Code section 25252 et seq. and Senate Bill 509, Simitian, Chaptered September 2008, codified at Health and Safety Code section 25251 et seq.
2Department of Toxic Substances Control, Text of Proposed Regulations, Division 4.5, Title 22, California Code of Regulations, Chapter 53. Safer Consumer Product Alternatives, post hearing version, November 2010, available at: http://www.dtsc.ca.gov/LawsRegsPolicies/upload/SCPA_Regs_15Day_Revisions_COURTESYCLEAN.pdf
1. American Chemistry Council
2. American Cleaning Institute
4. California Nano Industry Network
4a. CNIN 2010 pre-regulatory comment
5. CHANGE – Californians for a Healthy and Green Economy
6. Clean Water Action
9. Assembly member Mike Feuer
10. GMA – Grocery Manufacturers Association
11. Green Chemistry Alliance
12. Koch Industries
13. Dr. Amy Kyle
14. MBA Polymers
15a. MBA testimonial 1
15b. MBA testimonial 2
16. NAIMA – North American Insulation Manufacturers Association
17. North American Metals Council
18. Natural Products Association
19. NRDC & EWG – Natural Resources Defence Concil and Environmental Working Group
20. Procter & Gamble
21. PCPC – Personal Care Products Council
22. PCRM – Physicians Committee for Responsible Medicine
23. Rubber Manufacturers Association
24. Dr. Megan Schwarzman
25. Sierra Club
26. SOCMA – Society of Chemical Manufacturers and Affiliates