Notice of Augmentation of Record and 2nd Modification of Text of Proposed Regulation Title 22, California Code of Regulations, Sections 69401 Through 69407 Green Chemistry Hazard Traits for California’s Toxics Information Clearinghouse

Download a copy of this notice and the modified proposed regulation here.

The Office of Environmental Health Hazard Assessment (OEHHA) is providing a notice of changes made to the proposed regulation: Title 22, California Code of Regulations, sections 69401 through 69407.  A Notice of Proposed Rulemaking was issued for this proposed regulation on December 17, 2010 and published in the California Regulatory Notice Register (Register 2010, No 51-Z). The proposed regulation is related to the specification of hazard traits by OEHHA as required by Senate Bill 509 (Simitian, Chapter 560, Statutes of 2008). A public hearing on this regulatory proposal was held on January 31, 2011.  Written comments from the public were received during a 45-day comment period which closed on February 15, 2011. Pursuant to Health and Safety Code section 57004, the University of California coordinated an external scientific peer review of the proposed regulation.  OEHHA received the peer review in June 2011. Subsequently, a Notice of Modification of Text was published on July 29, 2011 in the California Regulatory Notice Register (Register 2011, No 30-Z) and on OEHHA’s website with a new 45-day comment period ending September 12, 2011.  The comments received are posted on the OEHHA website and hard copies may be obtained from Monet Vela at the OEHHA Legal Office at (916) 323-2517.

OEHHA has reviewed the comments it received in this second comment period and is now proposing amendments to the modified proposed regulation and is augmenting the administrative record.  A copy of the text of the amended proposed regulation is attached.  The additions and deletions from the first modifications are shown in single strike-out and underline.  The new modifications are shown in double-underline and double-strike-out. The page numbers have changed to reflect the document shifts caused by the text modifications.  The changes to the proposed text, which were made in response to comments received, are as follows:

Amended the title of Chapter 54 by inserting after Green Chemistry Hazard Traits the words “for California’s Toxics Information Clearinghouse”
Inserted the word “other” in front of “Toxicological Hazard Traits” in the title of Section 69403.17 to be consistent with that section.
Reworded a sentence under Section 69401.1 to clarify the intent of the regulation.
Corrected a typographical error in subsection 69405.2(b) evidence for the bioaccumulation hazard trait by inserting the corrected value for the log octanol water partition coefficient.  In the previous version the number 5 was struck out and the number 4 should have been inserted in its place but was not.
Added to Section 69405.3 that evidence for environmental persistence includes “the identification of a substance to be persistent by an authoritative body.”  Many authoritative organizations have reviewed the scientific evidence and identified substances that are persistent. 
Fixed various punctuation and grammatical errors

The record is being augmented to include the following additional material supporting the amended modified proposed regulation:

29 CFR, Part 1910, Occupational Safety and Health Standards, Subpart 2, Toxic Hazardous Substances, Standard #1910.1200
Gobas FAPC, W de Wolf, LP Burkhard, E Verbruggen, K Potzke, Revisiting bioaccumulation criteria for POPs and PBT assessments, Integrated Environmental Assessment and Management, Volume 5, Number 4, pages 624-637, 2009.

OEHHA will accept written comments on these amendments to the modified proposed regulation between October 7, 2011, and October 24, 2011.  All written comments must be submitted to OEHHA by mail, fax, courier, e-mail, or hand-delivery by no later than 5:00 p.m. on October 24, 2011. Comments should be addressed to:

Fran Kammerer
Office of Environmental Health Hazard Assessment
P. O. Box 4010

1001 I Street
Sacramento, California 95812-4010
Fax No.: 916-324-1786
E-mail: fran.kammerer@oehha.ca.gov

Inquiries concerning 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 and is available at (916) 323-2517.