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Proposition 65

Proposed Amendment To Section 25707(B), Route of Exposure: Hexavalent Chromium (VI)
[09/16/11]

Comment Period extended

Download a copy of this notice, the proposed modified text and the Initial Statement of Reasons, here

Public comments received [12/08/11]

NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend Title 27, California Code of Regulations section 25707. The proposed amendment to Section 257071 removes the reference to hexavalent chromium in Section 25707(b)(4) as posing no significant risk when ingested, based on recent scientific findings that establish that chromium (hexavalent compounds) can be carcinogenic by the oral route. The primary document relied upon for this amendment is the OEHHA document, Public Health Goals for Chemicals in Drinking Water: Hexavalent Chromium (VI)2, which was released on July 27, 2011.

PUBLIC PROCEEDINGS

OEHHA is requesting public comment concerning this proposed amendment to the regulation.  A public hearing to present oral comments will be scheduled only upon request.  Such a request must be submitted in writing no later than 15 days before the close of the comment period on October 31, 2011.   The written request must be received by OEHHA at the address listed below no later than October 17, 2011.  A notice for the public hearing, if one is requested, will be posted on the OEHHA web site at least ten days in advance of the hearing date.  The notice will provide the date, time, location and subject matter to be heard.  Notices will also be sent to those individuals requesting such notification.

If you have any special accommodation or language needs, please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov by October 17, 2011.  TTY/TDD/Speech-to-Speech users may dial 7-1-1 for the California Relay Service.

Any written statements or arguments, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on October 31, 2011, which is hereby designated as the close of the comment period.

Written comments regarding this proposed action may be sent by mail or by e-mail addressed to:

Fran Kammerer
Office of Environmental Health Hazard Assessment
P.O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-445-4693
E-mail: fkammerer@oehha.ca.gov

Comments sent by courier should be delivered to:

Fran Kammerer
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor
Sacramento, California, 95814

CONTACT

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.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Proposition 65 was enacted as a voters’ initiative on November 4, 1986, and codified at Health and Safety Code section 25249.5 et seq.  OEHHA is the lead state entity responsible for the implementation of the Act.  OEHHA has the authority to promulgate and amend regulations to further the purposes of the Act3.  The Act requires businesses to provide a warning when they cause an exposure to a chemical listed as known to cause cancer or reproductive toxicity.  The Act also prohibits the discharge of listed chemicals to sources of drinking water. 

Section 25707

Title 27, section 25707(b)(4)  of the California Code of Regulations  provides that five listed chemicals pose no significant risk by the route of ingestion: (1) Asbestos, (2) Beryllium and beryllium compounds, (3) Cadmium and cadmium compounds, (4) Chromium (hexavalent compounds), and (5) Nickel and nickel compounds.

While hexavalent chromium has long been recognized as a potent carcinogen by the inhalation route of exposure, there is now sufficient evidence that hexavalent chromium is also carcinogenic by the oral route of exposure4. This proposed amendment will remove the reference to hexavalent chromium from Section 25707(b)(4) to reflect the current scientific information concerning this chemical.

AUTHORITY

Health and Safety Code section 25249.12.

REFERENCE

Health and Safety Code sections 25249.5, 25249.6, 25249.7, 25249.9, 25249.10, and 25249.11

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.  Proposition 65 expressly does not apply to federal, state or local governmental agencies (Health and Safety Code section 25249.11(b)).

COSTS OR SAVINGS TO STATE AGENCIES

The OEHHA has initially determined that no savings or increased costs to any State agency will result from the proposed regulatory action.  Proposition 65 expressly does not apply to federal, state or local governmental agencies (Health and Safety Code section 25249.11(b)).

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 amendment 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. 

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

The 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.  Proposition 65 is limited by its terms to businesses with 10 or more employees (Health and Safety Code section 25249.11(b)). 

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 for the proposed amendments to these regulations, all the critical information upon which the 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 amendments to these regulations are available upon request from Monet Vela at the telephone number indicated above.  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 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 changed proposed regulations and the full text will be 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 changed 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 OEHHA’s Monet Vela at the telephone number indicated above.  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

Allan Hirsch
Chief Deputy Director

1All further references are to Title 27 of the California Code of Regulations unless otherwise indicated.

2Office of Environmental Health Hazard Assessment (OEHHA), Public Health Goals for Chemicals in Drinking Water: Hexavalent Chromium (VI), Pesticide and Epidemiology and Toxicology Branch, OEHHA, California Environmental Protection Agency, July 2011. Available online at http://www.oehha.ca.gov/water/phg/072911Cr6PHG.html

3Health and Safety Code section 25249.12(a).

4OEHHA, Public Health Goals for Chemicals in Drinking Water: Hexavalent Chromium (VI), July 2011, http://www.oehha.ca.gov/water/phg/pdf/Cr6PHG072911.pdf.

 
 
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