Comment Period - Modification to Text of Proposed Regulation Title 27, California Code of Regulations 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 changes to the proposed regulation and Initial Statement of Reasons to add section 25904 to Title 27 of the California Code of Regulations.
This proposed 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 submissions from the public 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.
Concern was expressed in some comments that the previously proposed language in the regulation and Initial Statement of Reasons was not sufficiently clear and could engender confusion. After review of the comments, proposed Section 25904(a)(1) of the regulation has been reorganized to better implement the statutory language of Proposition 65, which incorporates sections 6382(b)(1) and 6382(d) of the California Labor Code. These modifications also better reflect the 2012 changes to the federal Hazard Communication Standard (HCS) and the court opinion in Styrene Information and Research Center v. Office of Environmental Health Hazard Assessment (2012) 210 Cal.App.4th 1082.
The Initial Statement of Reasons has also been amended to remove language on page 7 that discussed Item 11 of Table D.1 in Appendix D of the 2012 version of the federal HCS. Commenters expressed concern that Appendix D lacks the clarity needed to identify carcinogens that are within the scope of the HCS standard, and thereby subject to Proposition 65. OEHHA has considered the comments and agrees.
Included with this notice are copies of the regulatory language and Initial Statement of Reasons with the modified language provided in underline and strikeout format. These modifications are also presented on the OEHHA website at www.oehha.ca.gov, and may be requested from Monet Vela at the OEHHA Legal Office at (916) 323-2517.
OEHHA will accept written comments on these amendments to the proposed regulation from June 20, 2014 until July 7, 2014 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