G/TBT/N/USA/727/Add.7  
 
11 September 2013  
(13-4771)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
 NOTIFICATION  
Addendum 
The following communication, dated 4 September 2013,  is being circulated at the request of the 
delegation of the United States of America.  
 
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 Pursuant to Government Code section 11346.8(c), notice is hereby given that the Department of Toxic Substances Control (DTSC) has revised the te xt of the proposed regulations which establish 
the process for identifying and prioritizing consumer products and their chemicals of concern, 
evaluating their alternatives, and imposing regulato ry responses, by adding chapter 55 of division 
4.5 of Title 22, California Code of Regulations,  and amending the Table of Contents. A written 
comment period for these LATEST REVISIONS to the proposed regulations text has been 
established to commence on 23 August 2013, and close at 5:00 p.m. on 9 September 2013. 
DTSC mailed the original text and made it available for public review and comment on 27 July 
2012. A public hearing was held on 10 September 2012, during which DTSC accepted written and 
oral testimony. In addition, written comments we re accepted during the 45-day public comment 
period, which was extended by 30 days, and ended 11 October 2012. DTSC made post-hearing changes to the proposed regulations, which were mailed and made available for public review and 
comment on 29 January 2013. Written comments were accepted on these post-hearing changes 
through 28 February 2013.  DTSC made additional post-hearing changes to the proposed regulations, which were mailed and made available for public review and comment on 10 April 
2013. Written comments were accepted on these subsequent post-hearing changes through 
25 April 2013. 
DTSC submitted the final rulemaking package for th ese regulations to the Office of Administrative 
Law in July 2013. Based on feedback received from  the Office of Administrative Law, DTSC has 
determined that the attached revisions to the proposed regulations are necessary as explained below: 
(1)  Section 69501.3(b) is added to require that documents submitted to DTSC under the 
regulations be in English and be provided in an electronic format accessible to DTSC. 
This provision is necessary to ensure that the information provided to DTSC (on either a 
mandatory or a voluntary basis) can be reviewed, evaluated, and processed by DTSC as effectively 
and efficiently as possible. This provision is also necessary to provide each person submitting 
information to DTSC flexibility as to how the information is submitted as long as it is accessible to DTSC. This flexibility is provided in recognition of the fact that different persons will have different 
information-generating capabilities and formats. 
(2)  Section 69509.1(a) is added to require that DTSC review a trade secret claim for information 
submitted under the regulations, along with the info rmation provided in support of the trade secret 
claim, before disclosing the information that is the subject of the trade secrecy claim. 
This provision is necessary to ensure that DTSC does not release to the public information for 
which a valid trade secrecy claim has been filed; and, on the other hand, to ensure that information is not withheld from the public based upon an invalid trade secrecy claim. This is 
necessary to maximize transparency and public access to information submitted to DTSC under 
these regulations, while protecting validly claimed trade secrets. G/TBT/N/USA/727/Add.7 
 
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  (3)  Section 69509.1(c) is added to specify that, if DTSC determines that the information 
submitted in support of a trade secrecy claim does not establish that the information claimed to be trade secret meets the definition of "trade secret", DTSC will notify the submitting party of its determination by certified mail. The notice will also inform the submitting party that thirty (30) 
days from the date of the notice of DTSC's determination, the information will be regarded as a 
public record subject to disclosure.  This provisio n also provides that during the 30-day period the 
submitting party may seek judicial intervention by  bringing an action for a preliminary injunction 
and/or declaratory relief to prevent d disclosur e of the information claimed as trade secret. 
This provision is necessary to implement Health and Safety Code section 25257(c)(3), which 
requires DTSC to give 30-days' notice to the submitter of information claimed to be trade secret before releasing any such information, authorizes  submitters to seek judicial intervention to 
prevent information release, and specifies judicial remedies that may be sought.  This provision is 
necessary to establish a time frame and procedure for resolving disputed trade secrecy claims, and to allow time for a claimant that receives an ad verse determination from DTSC to seek judicial 
review of the DTSC determination.   
A copy of the revised text is provided in the attachment called "Revisions to Proposed 
Regulations".  All of the text in these regulation s is new language to be added to the California 
Code of Regulations as Chapter 55 of Division 4. 5 of Title 22. Text shown in underline (for added 
text) or strikeout (for deleted text) reflects chan ges to the proposed regulations text submitted to 
the Office of Administrative Law as part of the final rulemaking file. DTSC considers these new changes to the rulemaking to be "sufficiently related changes", as defined in Title 1, California 
Code of Regulations, Section 42. 
DTSC will be accepting, through 9 September 2013, written comments solely on the 
23 August 2013 revisions. 
The information upon which DTSC relied on is available for public inspection between 8:00a.m and 
5:00p.m on the 23rd Floor, 1001 I Street, Sacram ento, California. Requests and inquiries 
concerning this matter may be directed to Manpreet Singh at the address indicated below; or by 
telephone at (916) 322-2543. 
Copies of the revised text of the proposed regulati ons are also posted to DTSC's internet site at: 
http://www.dtsc.ca.gov/LawsReg sPolicies/Regs/index.cfm , http://www.dtsc.ca.gov/SCPRegulation
s.cfm , and http://www.dtsc.ca.gov/LawsReg sPolicies/Regs/upload/SC P-Final-Regs_August-2013-
15-Day-Revisions- Text-8-22-13.pdf  or may be obtained from Manpreet Singh. 
Notice is given that any interested persons ma y submit comments regarding the 23 August 2013 
REVISIONS to the proposed text to DTSC by email at gcregs@dtsc.ca.gov , fax (916) 323-5542, or 
by mail to: 
Manpreet Singh, Regulations Coordinator  
Regulations Section Department of Toxic Substances Control  
P.O. Box 806 Sacramento, CA 95812-0806 
PLEASE NOTE:  All comments must be received by DTSC no later than 5:00 P.M. PDT on 9 
September 2013, regardless of the form of transmission. 
http://www.dtsc.ca.gov/LawsRegsPo licies/Regs/upload/SCP-Regs-A ugust-2013-15-Day-Regs-Text-
Notice-8-22-2013.pdf  
http://www.dtsc.ca.gov/LawsRegsP olicies/Regs/upload/SCP-Fina l-Regs_August-2013-15-Day-
Revisions-Text-8-22-13.pdf  
 
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