CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 14-Z
 488Name:  Carol Northrup 
Address: 2535 Capitol Oaks Drive, Suite 205
 Sacramento CA 95833 
Telephone 
No.  (916) 263–7854 
Fax No.: (916) 263–7859 
E–Mail 
Address: Carol.Northrup@dca.ca.gov
The backup contact person is:
Name:  Lanessa Guerra 
Address: 2535 Capitol Oaks Drive, Suite 205
Sacramento, CA 95833 
Telephone 
No.:  (916) 263–7864 
Fax No.: (916) 263–7855 
E–Mail 
Address: Lanessa.Guerra@dca.ca.gov
Website Access: Materials regarding this proposal
can be found at www.bvnpt.ca.gov .
TITLE 27. OFFICE OF
ENVIRONMENTAL HEALTH HAZARD
ASSESSMENT
SAFE DRINKING WATER AND TOXIC
ENFORCEMENT ACT OF 1986 
PROPOSITION 65
NOTICE OF PROPOSED RULEMAKING
TITLE 27, CALIFORNIA CODE OF
REGULATIONS
MAXIMUM ALLOWABLE DOSE LEVEL FOR
BISPHENOL A (BPA)
(DERMAL EXPOSURE FROM SOLID
MATERIALS)
NOTICE IS HEREBY GIVEN that the Office of En-
vironmental Health Hazard Assessment (OEHHA) pro-
poses to establish a Proposition 651 Maximum Allow-
able Dose Level (MADL) for bisphenol A (BPA) (der-
mal exposure from solid materials) of 3 micrograms per
1 The Safe Drinking Water and Toxic Enforcement Act of 1986,
codified at Health and Safety Code section 25249.5 et seq., re-ferred to herein as “Proposition 65” or “The Act.”day by amending Section 25805(b) of Title 27 of the
California Code of Regulations2.
PUBLIC PROCEEDINGS
Any written comments concerning this proposed ac-
tion, regardless of the form or method of transmission,
must be received by OEHHA by 5:00 p.m. on May 16,
2016 , the designated close of the written comment peri-
od. 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 informa-
tion via e–mail, rather than in paper form. Send e–mailcomments to P65Public.Comments@oehha.ca.gov.
Please include “BPA DERMAL MADL” in the subjectline. Hard–copy comments may be mailed, faxed, or de-livered in person to the appropriate address below.
Mailing 
Address: Ms. Monet Vela
Office of Environmental Health Hazard AssessmentP.O. Box 4010, MS–23B 
Sacramento, California 95812–4010 
Fax: (916) 323–2517 
Street Address: 1001 I Street 
Sacramento, California 95814
Please be aware that OEHHA is subject to the
California Public Records Act and other laws that re-quire the release of certain information upon request.
Comments on all regulatory and other actions are rou-
tinely posted on our website. By sending us your com-
ments you are waiving any right to privacy you may
have in the information you provide. Individual com-menters should advise OEHHA when submitting docu-
ments to request redaction of home address or personal
telephone numbers. Names of commenters will not be
redacted.
A public hearing on this proposed regulatory amend-
ment will be scheduled on request. To request a hearing
send an e–mail to Monet Vela at monet.vela@oehha.
ca.gov  or to the address listed above by no later than
May 2, 2016, which is 15 days before the close of the
comment period. OEHHA will mail a notice of the hear-ing to the requester and interested parties on the Propo-
sition 65 mailing list for regulatory public hearings. The
notice will also be posted on the OEHHA web site atleast ten days before the public hearing date. The notice
will provide the date, time, and location of the hearing.
If a hearing is scheduled and you have special accom-
modation or language needs, please contact Monet Vela
2 All further references are to sections of Title 27, Cal. Code of
Regs., unless otherwise indicated.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 14-Z
 489at (916) 323–2517 or monet.vela@oehha.ca.gov  at
least one week in advance of the hearing. TTY/TDD/Speech–to–Speech users may dial 7–1–1 for the
California Relay Service.
CONTACT
Please direct inquiries concerning the proposed regu-
latory action described in this notice to Monet Vela, in
writing at the address given above, via e–mail to monet.
vela@oehha.ca.gov  or (916) 323–2517. Fran Kammer-
er will be a back–up contact. She can be contacted at
(916) 445–4693 or fran.kammerer@oehha.ca.gov .
AUTHORITY
Health and Safety Code Section 25249.12.
REFERENCE
Health and Safety Code Sections 25249.5, 25249.6,
25249.9, 25249.10 and 25249.11.
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
Proposition 65 prohibits a person in the course of do-
ing business from knowingly and intentionally expos-
ing any individual to a chemical that has been listed as
known to the State to cause cancer or reproductive tox-
icity, without first giving clear and reasonable warning
to such individual3. The Act also prohibits a business
from knowingly discharging a listed chemical into wa-
ter or onto or into land where such chemical passes or
probably will pass into any source of drinking water4.
Warnings are not required and the discharge prohibition
does not apply when exposures are insignificant5. The
MADL safe harbors provide guidance for determining
when this is the case.6
Details on the basis for the proposed MADL for expo-
sure to BPA (dermal exposure from solid materials) are
provided in the Initial Statement of Reasons for this reg-
ulatory amendment, which is available on request from
Monet Vela and is posted on the OEHHA web site at
www.oehha.ca.gov.
This proposed regulation sets forth a MADL for
adoption into Section 25805 that was derived using
scientific methods outlined in Section 25803.
3 Health and Safety Code section 25249.6.
4 Health and Safety Code section 25249.5.
5 Health and Safety Code sections 25249.9 and 25249.10.
6 See Sections 25801 to 25805.The proposed regulation would adopt the following
MADL for dermal exposure from solid materials toBPA, by amending Section 25805 as follows (addition
in underline):
(b) Chemical Name Level (Micrograms/day)
Bisphenol A (BPA)
 3 (dermal exposure from
solid materials)
OEHHA reviewed the transcript of the May 7, 2015
meeting of the DARTIC7 and the hazard identification
materials reviewed by the DARTIC at that meeting8.
These hazard identification materials included numer-
ous studies of the effects of BPA on the female repro-ductive system, including in vivo studies in experimen-
tal animals and in vitro studies that provide additional
evidence of female reproductive toxicity. OEHHA re-
lied on the study by Veiga–Lopez et al. (2014)
9 that pro-
vides a subcutaneous lowest observable effect level(LOEL) of 0.05 milligrams BPA per kilogram body
weight per day (mg/kg–day), for female reproductive
toxicity. Additional relevant studies were identified and
reviewed by OEHHA. This is discussed in more detail
in the initial statement of reasons for this proposed regu-latory amendment.
Anticipated Benefits of the Proposed Regulation:
Some businesses may not be able to afford the expenses
of establishing a MADL and therefore may face litiga-
tion for a failure to warn or for a prohibited discharge ofthe listed chemical. Adopting this regulation will save
these businesses those expenses and may reduce litiga-
tion costs. In addition, by providing a MADL, this regu-
latory proposal may encourage businesses to lower the
amount of the listed chemical in their products to a levelthat does not require a warning. This in turn may reduce
exposures to BPA and reduce resident, worker and envi-
ronmental exposures to chemicals that cause reproduc-
tive toxicity.
No Inconsistency or Incompatibility with Existing
Regulations
OEHHA has conducted an evaluation for whether
there are any other regulations on this matter and has
found that these are the only regulations dealing with
BPA for exposures via the dermal route, for purposes of
compliance with Proposition 65. Therefore, OEHHA
7 Transcript of the Meeting of the Proposition 65 Developmental
and Reproductive Toxicant Identification Committee, May 7,2015. Available at http://www.oehha.ca.gov/prop65/public_
meetings/pdf/DARTIC5–21–2014MeetingTranscript.pdf.
8 2015 Hazard Identification Materials for Consideration of the
Female Reproductive Toxicity of Bisphenol A available at
http://www.oehha.ca.gov/prop65/hazard_ident/BPAhazard
ID2014.html .
9 Veiga–Lopez A, Beckett EM, Abi SB, Ye W and Padmanabhan
V (2014). Developmental programming: prenatal BPA treatment
disrupts timing of LH surge and ovarian follicular wave dynamics
in adult sheep. Toxicol Appl Pharmacol 279(2): 119–128.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 14-Z
 490has determined that the proposed regulation is neither
inconsistent nor incompatible with existing state regu-lations because it provides compliance assistance to
businesses subject to the Act, but does not impose any
mandatory requirements on those businesses, state or
local agencies and does not address compliance with
any other law or regulation.
PEER REVIEW
This notice and the Initial Statement of Reasons will
be provided to the Developmental and Reproductive
Toxicant Identification Committee for scientific peer
review and comment.
IMPACT ON LOCAL AGENCIES OR
SCHOOL DISTRICTS
Because Proposition 65 expressly
10 does not apply to
local agencies or school districts, OEHHA has deter-
mined the proposed regulatory action would not impose
a mandate on local agencies or school districts nor doesit require reimbursement by the State pursuant to Part 7
(commencing with Section 17500) of Division 4 of the
Government Code. OEHHA has also determined thatno nondiscretionary costs or savings to local agencies
or school districts will result from the proposed regula-
tory action.
COSTS OR SA VINGS TO STATE AGENCIES
Because Proposition 65 expressly
11 does not apply to
any State agency, OEHHA has determined that no sav-
ings or increased costs to any State agency will result
from the proposed regulatory action.
EFFECT ON FEDERAL FUNDING TO
THE STATE
Because Proposition 65 expressly12 does not apply to
any federal agency, OEHHA has determined that no
costs or savings in federal funding to the State will re-
sult from the proposed regulatory action.
EFFECT ON HOUSING COSTS
OEHHA has determined that the proposed regulatory
action will have no effect on housing costs because it
provides compliance assistance to businesses subject to
10 See Health and Safety Code section 25249.11(b).
11 See Health and Safety Code section 25249.11(b).
12 See Health and Safety Code section 25249.11(b).the Act, but does not impose any mandatory require-ments on those businesses.
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT DIRECTLY AFFECTING
BUSINESS, INCLUDING ABILITY TO COMPETE
Because the proposed regulatory level provides com-
pliance assistance to businesses subject to the Act, butdoes not impose any mandatory requirements on those
businesses, OEHHA has made an initial determination
that the adoption of the regulation will not have a signif-
icant statewide adverse economic impact directly af-
fecting businesses, including the ability of Californiabusinesses to compete with businesses in other states.
RESULTS OF ECONOMIC IMPACT ANALYSIS
(Gov. Code section 11346.3(b))
Impact on the Creation, Elimination, or Expansion
of Jobs/Businesses in California
This regulatory proposal will not affect the creation
or elimination of jobs within the State of California.
Proposition 65 requires businesses with ten or more em-
ployees to provide warnings when they expose people
to chemicals that are known to cause cancer or repro-
ductive harm. The law also prohibits the discharge oflisted chemicals into sources of drinking water.
Because the proposed MADL provides compliance
assistance to businesses subject to the Act, but does not
impose any mandatory requirements on those busi-
nesses, OEHHA has determined that the proposed regu-latory 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 this regulation include sparing businesses
the expense of calculating their own MADL and possi-
bly enabling them to reduce or avoid litigation costs. Byproviding a MADL, it may encourage businesses to
lower the amount of the listed chemical in their product
to a level that does not cause a significant exposure,
thereby providing a public health benefit to Califor-
nians. This in turn may reduce exposure to BPA and re-duce resident, worker and environmental exposures to
chemicals that cause reproductive harm.
COST IMPACTS ON REPRESENTATIVE
PRIV ATE PERSONS OR BUSINESSES
The proposed MADL was developed to provide com-
pliance assistance for these businesses in determining
whether a warning is required or a discharge is
prohibited.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 14-Z
 491The MADL provides a level of exposure at or below
which a warning is not required and a discharge is notprohibited. Use of the MADL is not mandatory. The im-
plementing regulations allow a business to calculate its
own level and provide guidance in order to assist busi-
nesses in doing so
13. However, conducting such a pro-
cess can be expensive and time consuming, and the re-sulting levels may not be defensible in an enforcement
action. OEHHA is not aware of any cost impacts that a
representative private person or business would neces-sarily incur in reasonable compliance with the proposed
action.
EFFECT ON SMALL BUSINESSES
OEHHA has determined that the proposed MADL
will not impose any mandatory requirements on small
business. Rather, the proposed MADL will provide
compliance assistance for small businesses subject to
the Act because it will help them determine whether ornot an exposure for which they are responsible is sub-
ject to the warning requirement or discharge prohibition
of the Act.
CONSIDERATION OF ALTERNATIVES
Government Code section 11346.5(a)(13) requires
that OEHHA must determine that no reasonable alter-native considered by the OEHHA or that has otherwise
been identified and brought to the attention of the
OEHHA would be more effective in carrying out the
purpose for which the action is proposed, would be as
effective and less burdensome to affected private per-sons than the proposed action, or would be more cost–
effective to affected private persons and equally effec-
tive in implementing the statutory policy or other provi-sion of law than the proposal described in this Notice.
A V AILABILITY OF STATEMENT OF REASONS
AND TEXT OF PROPOSED REGULATIONS
OEHHA has prepared and has available for public re-
view an Initial Statement of Reasons for the regulation,
which contains the text of the regulation and the in-
formation upon which the regulation is based. A copy of
the Initial Statement of Reasons, the text of the regula-tion and documents used by OEHHA to develop the
proposed regulation are available upon request from
OEHHA at the address, e–mail address and telephonenumber indicated above. These documents are also
posted on OEHHA’s Web site at www.oehha.ca.gov
.
13 Title 27, Cal. Code of Regs., section 25801 et seq.A V AILABILITY OF CHANGED OR
MODIFIED TEXT
The full text of any regulation which is 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. No-
tice of the comment period on changed regulations andthe full text will be mailed to individuals who testified
or submitted written comments at the public hearing, if
held, or whose comments were received by OEHHA
during the public comment period, and anyone who re-
quests notification from OEHHA of the availability ofsuch changes. Copies of the notice and the changed reg-
ulation will also be available on the OEHHA website at
www.oehha. ca.gov
.
FINAL STATEMENT OF REASONS
A copy of the Final Statement of Reasons for this reg-
ulatory action may be obtained, when it becomes avail-able, from OEHHA at the address, e–mail address and
telephone number indicated above, and on the OEHHA
website at www.oehha.ca.gov.
GENERAL PUBLIC INTEREST
DEPARTMENT OF TOXIC SUBSTANCES
CONTROL
AAD DISTRIBUTION AND DRY CLEANING
SERVICES, INC.
PROPOSED CONSENT DECREE
(SETTLEMENT AGREEMENT)
30–Day Public Comment Period: April 1 through
May 2, 2016
WHAT IS BEING PROPOSED:  The California
Department of Toxic Substances Control (“DTSC”) in-vites the public to review and comment on a Settlement
Agreement and [Proposed] Fifth Consent Decree (“pro-
posed Consent Decree”) regarding the former AADDistribution and Dry Cleaning Services, Inc. (“AAD”)
facility located at 2306 East 38th Street in Vernon,
California (“Site”) as authorized by the Comprehensive
Environmental Response, Compensation, and Liability
Act (“CERCLA”), 42 U.S.C. § 9601 et seq. On January12, 2016, DTSC lodged the proposed Consent Decree
in California Department of Toxic Substances Control
v. Allen’ s Formal Wear, Inc., et al., Case No.