3rd Modification to Text of Proposed Regulation and Augmentation of Record Title 27, Proposed Section 25904 Listings by Reference to the California Labor Code
As required by Government Code section 11346.8(c), and Title 1, Section 44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of additional changes to the proposed regulation to add section 25904 to Title 27 of the California Code of Regulations. OEHHA is also augmenting the administrative record for the proposed regulation. The augmentation consists of documents relied upon by OEHHA in the development of this proposed regulation. As required by Government Code section 11346.8(c), and Title 1, Section 44 of the California Code of Regulations, OEHHA is giving notice of this revision and augmentation.
This regulation was originally the subject of a Notice of Proposed Rulemaking published on January 31, 2014, in the California Regulatory Notice Register (Register 2014, No 5-Z), which initiated a public comment period. Eight written public comments were received during the comment period that ended April 4, 2014. In addition, OEHHA heard comments at a public hearing on the proposed regulation held on March 21, 2014. On June 20, 2014, OEHHA published a Notice of Modification to Text of Proposed Regulation. The comment period closed on July 7, 2014. Three comments were received. On September 12, 2014, OEHHA published a Notice of Modification to Text of Proposed Regulation. The comment period closed on September 29, 2014. No comments were received during this comment period.
On January 15, 2015, the Office of Administrative Law (OAL) disapproved the proposed regulation for failing to comply with the clarity standard of Government Code section 11349.1 and for failing to provide sufficiently detailed responses to all comments. After careful consideration of the OAL determination, OEHHA has modified the proposed regulatory language in subsections (a)(1).
Additionally, OEHHA re-reviewed and considered stakeholder comments submitted during the regulatory process concerning subsection (a)(2), and again reviewed the changes to the federal Hazard Communication Standard (HCS) that the federal Occupational Safety and Health Administration (OSHA) adopted in 2012. Following these reviews, OEHHA has decided not to include potential listing under the HCS in this regulatory action. If the OSHA regulation is again amended in the future, OEHHA will consider adopting a regulation concerning listing via Labor Code Section 6382(d). Therefore, Subsection (a)(2) in the proposed regulation and all references to Labor Code section 6382(d) have been deleted from the proposed regulation.
The record is also being augmented to include the Preamble to the IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, and recent changes (effective May 2012) to the federal Hazard Communication Standard regulations found in Title 29 of the Code of Federal Regulations, section 1910.1200. These documents were relied upon by OEHHA during the development of this proposed regulation.
Included with this notice are copies of the proposed regulation with the modified language provided in underline and strikeout (June 20, 2014 amendments), double-underline and double strikeout (September 12, 2014 amendments), and italicized underline and italicized strikeout (February 27, 2015 amendments) format to identify all changes to the originally proposed regulation. A copy of the OAL Decision of Disapproval of Regulatory Action is available from OEHHA upon request. All these materials are also available on the OEHHA website, and may be requested from Monet Vela of the OEHHA Legal Office at (916) 323-2517.
OEHHA will accept written comments on the additional amendments to the proposed regulation until March 20, 2015 at 5:00 p.m. March 13, 2015 at 5:00 p.m.
We encourage you to submit comments in electronic form, rather than in paper form. Comments transmitted by e-mail should be addressed to P65Public.comments@oehha.ca.gov. Please include “Labor Code” in the subject line. Comments submitted in paper form may be mailed, faxed, or delivered in person to the address below. Mailed, faxed or hand-delivered comments should be addressed to:
Monet Vela
Office of Environmental Health Hazard Assessment
P. O. Box 4010
Sacramento, California 95812-4010
Telephone: 916-323-2517
Fax: 916-323-2610
E-mail: P65Public.Comments@oehha.ca.gov
The comment period closed March 20th 2015
Wednesday, April 8, 2015