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DTSC Public Notice of Post-Hearing Changes for Safer Consumer Products (April 2013)

UPDATE:
On April 10, 2013, the Department of Toxic Substance Control (DTSC) published a 15-day public notice and comment period of post-hearing changes to proposed regulations which establish the process for identifying and prioritizing consumer products and their chemicals of concern, evaluating their alternatives and imposing regulatory responses. These changes were made by the addition of chapter 55 to division 4.5 of Title 22, California Code of Regulations, as well as an amendment to the Table of Contents. A comment period for the latest revisions to the proposed regulations text will be open until 5pm PDT on April 25, 2013.

That April 10 additions to the originally proposed text are shown by double underline and deletions are shown by a double strikeout. The revised text of the proposed regulations are posted to DTSC’s internet site at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/index.cfm and http://dtsc.ca.gov/SCPRegulations.cfm. Comments are due no later than 5:00 PM PDT on April 25, 2013.

PREVIOUS INFORMATION:
The Department of Toxic Substances Control (DTSC) has added External Scientific Peer Review Reports and California Environmental Policy Council Resolution to the Safer Consumer Products rulemaking file. This action was published in California Regulatory Notice Register 2012-07-17-04.

External Scientific Peer Review Reports
The External Scientific Peer Review Reports consist of nine scientific peer reviewed reports. DTSC has complied with Health and Safety Code section 57004 concerning submission of scientific portions of the January 29, 2013, post hearing changes to the proposed safer consumer products regulation to an external scientific peer review. Peer reviewers from the University of California reviewed the reports and their evaluations of scientific data of the post hearing changes are included in the rulemaking file.

California Environmental Policy Council Resolution
DTSC has also added the California Environmental Policy Council Resolution to the rulemaking file. The Health and Safety Code section 25252.5 requires DTSC to prepare and submit a multimedia life cycle evaluation for review by the Council prior to adopting regulations. However, an exception defers these requirements, provided the Council conclusively decides that the regulations will not have an adverse impact on public health or the environment. During a meeting held February 28, 2013, the Council determined that adoption of these regulations will not have a substantial impact on public health or the environment. Therefore, DTSC is not required to prepare a multimedia life cycle evaluation for these regulations.

A public comment period is open March 13-28, 2013 for the addition of External Scientific Peer Review Reports and California Environmental Policy Council Resolution to the Safer Consumer Products rulemaking file.

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