Notice of Proposed Rulemaking, Title 27, California Code of Regulations,Proposed Amendment To Section 25302, Science Advisory Board and Section 25304, Financial Disclosure
NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend Title 27, Cal. Code of Regulations, sections 25302 and section 25304. These amendments would clarify the existing requirements for scientific experts appointed to the committees by the Governor. These amendments will also remove certain portions of Section 25304 that were made redundant when advisory committee members were added to the Office of Environmental Health Hazard Assessment’s (OEHHA) Conflict of Interest Code.1
PUBLIC PROCEEDINGS
Public Hearing
No public hearing is scheduled. Any interested person, or his or her duly authorized representative, may submit a written request for a public hearing pursuant to Section 11346.8(a) of the Government Code. The written request for hearing must be received by the Department’s contact person, designated below, no later than 15 days before the close of the written comment period.
Written Comment Period
OEHHA held a pre-regulatory workshop on June 17, 2013, and received no comments opposing the proposed amendments. Any written comments concerning these proposed actions, regardless of the form or method of transmission, must be received by OEHHA by 5:00 p.m. on December 9, 2013, the designated close of the written comment period. All comments received will be posted on the OEHHA website at the close of the public comment period.
The public is encouraged to submit written information via e-mail, rather than in paper form. Send e-mail comments to P65Public.Comments@oehha.ca.gov. Please include “Committee Qualifications” in the subject line. Hard-copy comments may be mailed, faxed, or delivered in person to the appropriate address below.
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
CONTACT
Inquiries concerning the proposed Proposition 65 regulation amendments described in this notice may be directed to Monet Vela at (916) 323-2517, or by e-mail at monet.vela@oehha.ca.gov, or by mail to OEHHA, P.O. Box 4010, Sacramento, California 95812-4010. Fran Kammerer is a back-up contact person for inquiries concerning processing of this action and is available at (916) 445-4693 or fran.kammerer@oehha.ca.gov.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
BACKGROUND
OEHHA is the state entity responsible for the implementation of Proposition 65.2 OEHHA has the authority to adopt and amend regulations to make specific and further the purposes of Proposition 65. OEHHA maintains a list of chemicals known to cause reproductive toxicity or cancer. The law requires businesses to provide a warning when they knowingly cause an exposure to a listed chemical, and prohibits the discharge of listed chemicals into sources of drinking water. Proposition 65 states that one of the four ways a chemical can be identified as “…known to the state to cause cancer or reproductive toxicity within the meaning of this chapter [is] if in the opinion of the state's qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity….”3
Two committees serve as the “state’s qualified experts” for identifying chemicals for the list and to further advise and assist the Governor in the implementation of Proposition 65: the Carcinogen Identification Committee (CIC) and the Developmental and Reproductive Toxicant Identification Committee (DARTIC).4
SPECIFIC BENEFITS OF THE AMENDED REGULATIONS
These regulatory amendments will provide the following benefits:
- Clarify the qualifications for the members of both committees to ensure that the committees are able to act as the “state’s qualified experts”5.
- Eliminate redundant regulatory language related to conflict of interest reporting.
- Protect and enhance public health and the environment by scientific evaluation of risks posed by hazard substances.
NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING REGULATIONS
OEHHA has determined that the proposed regulatory amendments are neither inconsistent nor incompatible with existing state regulations because they do not change the existing mandatory requirements on those businesses, state or local agencies and do not address compliance with any other law or regulation.
RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))
Because these proposed regulatory amendments relate to the qualifications for expert committees and procedural conflict of interest reporting for those committees, the proposed regulatory action will not have a significant statewide adverse economic impact.
Impact on the Creation, Elimination, or Expansion of Jobs/Businesses in California:
This regulatory proposal will not directly affect the creation or elimination of jobs within the State of California. The committees are statutorily required to provide advice and identify chemicals known to the state to cause cancer or reproductive toxicity. The economic impact, if any, of their future decisions would be speculative. Further, listing decisions under Proposition 65, including those of the committee, are expressly exempted from the requirements of the Administrative Procedure Act.6
Because the proposed regulatory amendments are procedural in nature and do not impose any mandatory requirements on businesses subject to the Act, OEHHA has 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.
Benefits of the Proposes Action: This proposed amendment is to ensure that committee members attain and maintain the expertise needed for these committees. These proposed amendments would ensure that committee members possess expertise that is the most relevant to the committees’ work. The ongoing conduct of scientific research and analysis and interpretation of research results are essential to maintaining scientific expertise, and demonstrate the ability to comprehend and interpret information on hazard identification. Service on expert scientific panels, peer-reviewing scientific work, and publishing in the scientific literature or submitting a peer-reviewed study to a government agency (generally within the past four years), are indications of the depth and breadth of understanding of recent scientific developments in the fields pertinent to the evaluation of reproductive or cancer hazards. This understanding is important in evaluating chemicals for potential listing under Proposition 65, thereby providing a public health benefit to Californians.
The proposed amendments to this section also remove an inconsistency in the current regulation between the two committees in terms of the required areas of expertise, in that the general field of toxicology was specified as relevant for both committees, while certain subspecialties of toxicology were identified only for the DARTIC.
AUTHORITY
Health and Safety Code section 25249.12.
REFERENCE
Health and Safety Code sections 25249.5, 25249.6, 25249.10(c), 25249.11, and 25249.12
IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS
Because Proposition 65 by its terms7 does not apply to 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
Because Proposition 65 by its terms8 does not apply to any State agency and this regulation is simply a clarification of the existing regulations, OEHHA has initially determined that no significant savings or increased costs to any State agency will result from the proposed regulatory action.
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 actions.
EFFECT ON HOUSING COSTS
OEHHA has initially determined that the proposed regulatory actions will have no effect on housing costs because they do not impose any new mandatory requirements on any business.
SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE
OEHHA has made an initial determination that the adoption of the proposed amendments to the 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 regulatory amendments do not impose any new requirements upon private persons or businesses.
COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES
Because the proposed regulatory amendments do not impose any new mandatory requirements on 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 actions.
EFFECT ON SMALL BUSINESSES
OEHHA has determined that the proposed regulatory actions will not impose any mandatory requirements on small businesses. Because these proposed amendments will only update and clarify the regulation specifying the minimum qualifications for committee members, they will not have an adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.
CONSIDERATION OF ALTERNATIVES
Pursuant to 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 Proposition 65 is proposed, or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost-effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.
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 regulatory amendments, all the information upon which the amendments are based, and the text of the proposed amendments to the regulation. A copy of the Initial Statement of Reasons and a copy of the text of the proposed regulation are available upon request from Monet Vela at the e-mail or 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 proposed regulatory amendments which are changed or modified from the express terms of this 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 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 anyone who requests notification from OEHHA of the availability of such change. Copies of the notice and the changed regulation will also be available on the OEHHA 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 the e-mail or telephone number indicated above. The Final Statement of Reasons will also be available on OEHHA’s web site at www.oehha.ca.gov.
OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT
Chief Deputy Director
