Proposition 65 - Notice of Proposed Rulemaking

AMENDMENT TO PREAMBLE TO DIVISION 2, CHAPTER 3, ARTICLE 1 AND SECTIONS 12102 - 12302, 12304 - 12504,
12601, 12701, 12705, 12709, 12711, 12721 - 14000
SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986

NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes to amend Title 22, California Code of Regulations, Preamble to Division 2, Chapter 3, Article 1, Sections 12102, 12302, 12305, 12306, 12401, 12403, 12405, 12501, 12502, 12503, 12504, 12601, 12701, 12705, 12709, 12711, 12721, 12801, 12803, 12805, 12821, 12901, 12902, 12903, and 14000. OEHHA proposes to repeal Sections 12103 and 12104 but renumber them as Sections 12203 and 12204, respectively and also to repeal Sections 12201 and 12301.

A public hearing will be held on Monday, March 18, 2002, at which time any person may present statements or arguments orally or in writing relevant to the action described in this notice. The public hearing will commence at 10:00 a.m. in the Coastal Hearing Room, California Environmental Protection Agency Building, 1001 I Street, 2nd Floor, Sacramento, California and will last until all business has been conducted, or until 5:00 p.m.

Any written statements or arguments regardless of the form or method of transmission must be received by OEHHA by 5:00 p.m. on Monday, March 18, 2002, which is hereby designated as the close of the written comment period.

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

Cynthia Oshita
Office of Environmental Health Hazard Assessment
Proposition 65 Implementation Program
P. O. Box 4010
Sacramento, California 95812-4010
FAX: (916) 323-8803
Telephone: (916) 445-6900

Comments sent by courier should be delivered to:

Cynthia Oshita
Office of Environmental Health Hazard Assessment
1001 I Street, 19th Floor
Sacramento, California 95814

It is requested, but not required, that written statements or arguments be submitted in triplicate.

Inquiries concerning the substance and processing of the action described in this notice may be directed to Cynthia Oshita, in writing at the address given above, or by telephone at (916) 445-6900. Ms. Susan Luong is a back-up contact person for inquiries concerning processing of this action and is available at the same telephone number.

The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (hereinafter referred to as "Proposition 65" or "the Act"), was enacted as a voters' initiative on November 4, 1986. Mandates of the statute include the prohibition on contaminating sources of drinking water with chemicals known to the state to cause cancer or reproductive harm (Health and Safety Code Section 25249.5); the requirement upon businesses to provide warnings before exposing individuals to chemicals known to the state to cause cancer or reproductive harm (Health and Safety Code Section 25249.6); and the requirement upon the Governor to at least annually update the list of chemicals known to the state to cause cancer or reproductive harm (Health and Safety Code Section 25249.8.) During the late 1980s and early 1990s, implementing regulations were adopted in Title 22, California Code of Regulations, commencing with Section 12000 to interpret and make specific the statutory mandates.

The existing regulations established the basic foundation for the implementation of the Act. It has been several years since amendments or additions have been made to the existing regulations. In an effort to provide useful guidance to the regulated community, OEHHA plans to review the existing regulations and propose amendments to those sections that would benefit from additional regulatory clarification. This process will be proposed in phases. This notice represents the first phase in a series that OEHHA will undertake. OEHHA begins with minor changes of a less complex nature. The proposed changes include: changes to outdated terminology, consistency of references, consolidation and alphabetization of definitions into one section coupled with the repeal of other definition sections, relocation and renumbering of sections for regulatory continuity, and grammatical corrections.

Health and Safety Code Sections 25249.5, 25249.6, 25249.7, 25249.8, 25249.9, 25249.10 and 25249.11.

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. The Office of Environmental Health Hazard Assessment has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action.

OEHHA has determined that no savings or increased costs to any State agency will result from the proposed regulatory action.

OEHHA has determined that no costs or savings in federal funding to the State will result from the proposed regulatory action.

OEHHA has 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 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.

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.

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.

OEHHA has determined that the proposed regulation does not affect small business as the term is defined by Government Code Section 11342.610 since Proposition 65 does not apply to businesses with fewer than ten employees.

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.

OEHHA has prepared and has available for public review an Initial Statement of Reasons for the proposed 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 regulations are available upon request from OEHHA's Proposition 65 Implementation Program at the address and telephone number indicated above. These documents are also posted on OEHHA's Web site at www.oehha.ca.gov.

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.

A copy of the Final Statement of Reasons may be obtained, when it becomes available, from OEHHA's Proposition 65 Implementation Program at the address and telephone
number indicated above. The Final Statement of Reasons will also be available at the OEHHA's Web site at www.oehha.ca.gov.

Follow this link to download a copy of this notice

Follow this link to download a copy of the Initial Statement of Reasons

Follow this link to download a copy of the Proposed Regulatory Language