reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 54 - Green Chemistry Hazard Traits, Toxicological and Environmental Endpoints and Other Relevant Data › Article 7 - Additional Relevant Data › Section 69407.1 - Exposure-Response Relationship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Data on the relationship between exposure to a given
					 chemical substance and degree of response include but are not limited to:
					 estimates of potency for carcinogenic effects and other non-cancer toxicity
					 published by authoritative organizations; evidence from well-conducted
					 scientific studies describing or quantifying the relationship between exposure
					 concentration or dose and degree of adverse effect or biological
					 response.
1. New
					 section filed 12-20-2011; operative 1-29-2012 (Register 2011, No.
					 51).
Note: Authority cited: Sections
						25256.1
						and
						59012,
						Health and Safety Code. Reference: Sections
						25256.1
						and
						59012,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 54 - Green Chemistry Hazard Traits, Toxicological and Environmental Endpoints and Other Relevant Data › Article 7 - Additional Relevant Data › Section 69407.2 - Physicochemical Properties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Physicochemical properties of chemicals that can inform
					 chemical evaluation include but are not limited to: physical state; molecular
					 weight; density; vapor pressure and saturated vapor pressure; melting point;
					 boiling point; water solubility; lipid solubility; octanol-water partition
					 coefficient, octanol-air partition coefficient, organic carbon partition
					 coefficient; diffusivity in air and water; Henry's Law constant; sorption
					 coefficient for soil and sediment; redox potential; photolysis rates;
					 hydrolysis rates; dissociation constants; or reactivity including
					 electrophilicity.
1. New
					 section filed 12-20-2011; operative 1-29-2012 (Register 2011, No.
					 51).
Note: Authority cited: Sections
						25256.1
						and
						59012,
						Health and Safety Code. Reference: Sections
						25256.1
						and
						59012,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 1 - General › Section 69501 - Purpose and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Safer Consumer Products Regulations. This
				  chapter specifies the process for identifying and prioritizing Priority
				  Products and their Chemicals of Concern, and identifying and analyzing
				  alternatives to determine how best to eliminate or reduce potential exposures
				  to, or the level of potential adverse impacts posed by, the Chemical(s) of
				  Concern in Priority Products. This chapter also specifies the regulatory
				  responses that will be imposed by operation of article 6 or that may be
				  required by the Department following completion of an Alternatives
				  Analysis.
(b) Applicability and
				  Non-Duplication.
(1) Except as provided in
				  paragraphs (2) and (3), this chapter applies to all consumer products placed
				  into the stream of commerce in California.
(2) This chapter does not apply to any
				  product that is exempted from the definition of "consumer product" specified in
				  Health and Safety Code section
				  25251.
(3)
(A)
				  This chapter does not apply to a consumer product that the Department
				  determines is regulated by one or more federal and/or California State
				  regulatory programs, and/or applicable treaties or international agreements
				  with the force of domestic law, that, in combination:
1. Address the same potential adverse
				  impacts, potential exposure pathways, and potential adverse waste and
				  end-of-life effects that could otherwise be the basis for the product being
				  listed as a Priority Product; and
2. Provide a level of public health and
				  environmental protection that is equivalent to or greater than the protection
				  that would potentially be provided if the product were listed as a Priority
				  Product.
(B) The
				  Department may re-evaluate a determination previously made under this paragraph
				  and rescind the determination if the Department finds that the facts and/or
				  assumptions upon which the determination was based were not, or are no longer,
				  valid.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 1 - General › Section 69501.2 - Duty to Comply and Consequences of Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Duty to Comply.
(1)
(A) A
				  manufacturer has the principal duty to comply with requirements applicable to a
				  responsible entity. In the event a manufacturer does not comply, it shall be
				  the duty of the importer, if any, to comply if the Department provides notice
				  to the importer under subsection (c)(1). A retailer or assembler is required to
				  comply with the requirements applicable to a responsible entity only if the
				  manufacturer and the importer have failed to comply and the Department provides
				  notice to the retailer or assembler of such non-compliance by posting the
				  information on the Failure to Comply List.
(B) Notwithstanding subparagraph (A), the
				  provisions of sections
				  69505.2 and
				  69505.3 may only be fulfilled by
				  the manufacturer.
(C) The
				  Department may not require any responsible entity other than the manufacturer
				  to comply with a regulatory response under sections
				  69506.6 through
				  69506.8. However, if the
				  manufacturer fails to comply and the Department provides notice under
				  subparagraph (A), the importer shall cease to place the product into the stream
				  of commerce in California and each retailer and assembler shall cease ordering
				  the product, no later than ninety (90) days after the Department has provided
				  such notice.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 1 - General › Section 69501.3 - Information Submission and Retention Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Signatures. All documents required to be
				  submitted to the Department under this chapter must be signed by the
				  responsible individual in charge of preparing or overseeing the preparation of
				  the information, and by the owner, or an officer of the company, or an
				  authorized representative.
(b)
				  Format. All documents submitted to the Department must be in English, and must
				  be generated and submitted in a manner and in an electronic format accessible
				  to the Department.
(c)
				  Certification Statement. All documents required to be submitted to the
				  Department under this chapter must include the following certification
				  statement, signed by the owner or an officer of the entity submitting the
				  document, whose responsibilities include product development, product safety,
				  or related responsibilities pertinent to the document, and by the responsible
				  individual in charge of preparing or overseeing the preparation of the
				  information:
"I certify that this document and all attachments were
					 prepared or compiled under my direction or supervision to assure that qualified
					 personnel properly gathered and evaluated the information submitted. Based on
					 my inquiry of the person(s) directly responsible for gathering the information,
					 the information submitted is, to the best of my knowledge and belief, true,
					 accurate, and complete. I am aware that submitting false information or
					 statements is a violation of law."
(d) Due Dates. All provisions in this chapter
				  requiring a document to be submitted to the Department within a specified time
				  frame means that the document must be postmarked or submitted electronically by
				  the end date of that time frame.
(e) Document Retention. A person who is
				  subject to a requirement to obtain or prepare information, but who is not
				  required to submit the information to the Department or has not yet been
				  requested to submit the information to the Department, shall retain the
				  information for a period of three (3) years following the date the person was
				  required to obtain or prepare the information.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
2. New subsection (b) filed 10-1-2013; operative 10-1-2013
					 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2013, No. 40).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 1 - General › Section 69501.4 - Chemical and Product Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information Gathering.
(1) The Department shall seek to obtain
				  and/or review information that it determines is necessary to implement this
				  chapter using one or more of the following approaches:
(A) Obtain and/or review information in the
				  public domain that is readily available in a usable format, without a
				  subscription or other charge;
(B)
				  Obtain and/or review information in the public domain that is readily available
				  in a usable format, with a subscription or other charge, to the extent
				  resources are available to pay the required costs;
(C) Request one or more product or chemical
				  manufacturers, importers, assemblers, and/or retailers to make existing
				  information available to the Department, in accordance with a schedule
				  specified by the Department for each person from whom information is requested;
				  and/or
(D) Request one or more
				  product or chemical manufacturers, importers, assemblers, and/or retailers to
				  generate new information and provide it to the Department, in accordance with a
				  schedule specified by the Department for each person from whom information is
				  requested.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 1 - General › Section 69501.5 - Availability of Information on the Department's Website

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Website Postings Requiring Noticing. The
				  Department shall post on its website, and update as appropriate, all of the
				  information listed below. The Department shall also provide notice of the
				  availability of the information, including the availability of updates to the
				  information, to persons on the electronic mailing list(s) that the Department
				  establishes related to this chapter.
(1) The
				  Failure to Comply List.
(2)
				  Requests for information made under section
				  69501.4.
(3)
(A)
				  Exemption determinations made under section
				  69501(b)(3)(A)
				  and the rationale supporting those determinations; and
(B) Determinations made under section
				  69501(b)(3)(B)
				  rescinding previously-made exemption determinations and the rationale
				  supporting those rescission determinations.
(4) Priority Product Work Plans, proposed and
				  final Candidate Chemicals and Priority Products lists and revisions to the
				  lists, supporting rationale and documentation, copies of all written comments
				  received during the public comment periods for the proposed lists, and copies
				  of written responses the Department provides to the comments.
(5) Petitions designated as complete under
				  section 69504(c), and
				  notices of decision and statements of basis prepared by the Department under
				  section 69504.1(d).
(6) A list of due date extension requests
				  approved for submission of AA Reports.
(7) AA Report notices of public review
				  periods, notices of compliance, notices of deficiency, notices of disapproval,
				  and notices of ongoing review.
(8)
				  Proposed and final regulatory response determination notices issued by the
				  Department, copies of all written comments received during the public comment
				  period for a proposed regulatory response determination, and copies of written
				  responses the Department provides to the comments.
(9) A list of regulatory response exemption
				  requests submitted to the Department, and copies of all notices issued by the
				  Department granting, denying, or rescinding a regulatory response
				  exemption.
(10) Copies of all
				  disputes and Requests for Review filed with the Department under article 7, and
				  copies of all Department decisions, and notices of ongoing review, issued in
				  response to disputes and Requests for Review.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 2 - Process for Identifying Candidate Chemicals › Section 69502 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article identifies Candidate Chemicals that can be
					 considered under article 3 for designation as a Chemical of Concern, and
					 specifies the process by which the Department may identify additional Candidate
					 Chemicals. The Department may use, but is not limited to using, information
					 obtained and/or reviewed under section
					 69501.4 to perform its duties
					 under this article.
1. New
					 article 2 (sections
					 69502-69502.3) and section filed
					 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252
						and
						58012,
						Health and Safety Code. Reference: Section
						25252,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 2 - Process for Identifying Candidate Chemicals › Section 69502.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to all chemicals that exhibit a hazard
					 trait and/or an environmental or toxicological endpoint, and that are present
					 in products that are placed into the stream of commerce in
					 California.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 2 - Process for Identifying Candidate Chemicals › Section 69502.3 - Candidate Chemicals List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Informational List. The Department shall
				  post an informational list of the chemicals identified as Candidate Chemicals
				  under section
				  69502.2(a) on the
				  Department's website within thirty (30) days after the effective date of these
				  regulations. The Department shall periodically update the list to reflect
				  changes to the underlying lists and sources from which it is drawn.
(b) Revisions to the List. The Department may
				  make additions to, or deletions from, the Candidate Chemicals list using the
				  factors specified in section
				  69502.2(b) and
				  the procedures specified in the Administrative Procedure Act (commencing with
				  Government Code section
				  11340).
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25257,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article specifies the process by which the Department
					 shall identify and prioritize products containing Candidate Chemicals. The
					 Department may use, but is not limited to using, information obtained and/or
					 reviewed under section
					 69501.4 to perform its duties
					 under this article.
1. New
					 article 3 (sections
					 69503-69503.7) and section filed
					 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided otherwise in section
					 69501(b), this
					 article applies to all products that contain one or more Candidate Chemicals
					 and that are placed into the stream of commerce in
					 California.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25252,
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25251,
						25252,
						25253
						and
						25257.1,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.2 - Product-Chemical Identification and Prioritization Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Key Prioritization Principles. Any
				  product-chemical combination identified and listed as a Priority Product must
				  meet both of the following criteria:
(1) There
				  must be potential public and/or aquatic, avian, or terrestrial animal or plant
				  organism exposure to the Candidate Chemical(s) in the product; and
(2) There must be the potential for one or
				  more exposures to contribute to or cause significant or widespread adverse
				  impacts.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.3 - Adverse Impact and Exposure Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adverse Impacts.
(1) In evaluating a product-chemical
				  combination for possible listing as a Priority Product, the Department shall
				  evaluate the potential for the Candidate Chemical(s) to contribute to or cause
				  adverse impacts, by considering one or more of the following factors for which
				  information is reasonably available:
(A) The
				  Candidate Chemical(s)' hazard trait(s) and/or environmental or toxicological
				  endpoint(s);
(B) The Candidate
				  Chemical(s)' aggregate effects;
(C)
				  The Candidate Chemical(s)' cumulative effects with other chemicals with the
				  same or similar hazard trait(s) and/or environmental or toxicological
				  endpoint(s);
(D) The Candidate
				  Chemical(s)' physicochemical properties;
(E) The Candidate Chemical(s)' environmental
				  fate;
(F) The human populations,
				  and/or aquatic, avian, or terrestrial animal or plant organisms for which the
				  Candidate Chemical(s) has/have the potential to contribute to or cause adverse
				  impacts; and/or
(G) The potential
				  for the Candidate Chemical(s) to degrade, form reaction products, or metabolize
				  into another Candidate Chemical or a chemical that exhibits one or more hazard
				  traits and/or environmental or toxicological endpoints.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.4 - Priority Product Work Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial Work Plan. Within one (1) year
				  after the effective date of these regulations, the Department shall issue a
				  Priority Product Work Plan that, except as provided in section
				  69503.6, identifies and describes
				  the product categories that the Department will evaluate to identify
				  product-chemical combinations to be added to the Priority Products list during
				  the three (3) years following the issuance of the work plan. The work plan must
				  include a general explanation of the decision to select the identified product
				  categories for evaluation during the life of the work plan.
(b) Subsequent Work Plans. Subsequent work
				  plans shall be issued by the Department no later than one (1) year before the
				  three-year expiration date of the current work plan, and shall become effective
				  upon expiration of the current work plan.
(c) Revisions to Work Plans. The Department
				  may revise an adopted work plan to include one or more additional product
				  categories if necessitated by either of the following:
(1) The Department is legally required to
				  take action on a particular chemical or product, or both, prior to the
				  expiration of the work plan; and/or
(2) The Department grants a petition under
				  section 69504.1.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.5 - Priority Products List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Listing Process.
(1) The Department shall use the procedures
				  specified in this section and the identification and prioritization criteria
				  and process specified in sections
				  69503.2 and
				  69503.3 to identify and list
				  product-chemical combinations as Priority Products.
(2) The Priority Products list shall be
				  established and updated through rulemaking under the Administrative Procedure
				  Act (commencing with Government Code section
				  11340).
				  Except as provided in section
				  69503.6, the Department shall hold
				  one or more public workshops to provide an opportunity for comment on candidate
				  product-chemical combinations prior to issuing a proposed Priority Products
				  list.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.6 - Initial Priority Products List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following provisions apply only to the initial Priority
					 Products list:
(a) Scope of Candidate
				  Chemicals. In the initial Priority Products list, the Department may list a
				  product as a Priority Product only if one or more Candidate Chemicals that
				  is/are the basis for listing the product meet one or more of the criteria
				  specified in subsection (a)(1) of section
				  69502.2 and one or more of the
				  criteria specified in subsection (a)(2) of section
				  69502.2. This subsection also
				  applies to any revisions to the Priority Products list adopted prior to January
				  1, 2016.
(b) Size of the List. The
				  initial Priority Products list shall include no more than five (5) Priority
				  Products. The list may identify more than one Chemical of Concern for each
				  listed product.
(c) Initial
				  Proposed Priority Products List. The Department shall make the initial proposed
				  Priority Products list available for public review and comment under section
				  69503.5 no later than 180 days
				  after the effective date of these regulations.
(d) Procedural Exceptions.
(1) Priority Product Work Plan. Section
				  69503.4 does not apply to the
				  adoption of the initial Priority Products list.
(2) Workshops. The provisions of section
				  69503.5(a)(2)
				  requiring the Department to hold one or more public workshops prior to issuing
				  the proposed Priority Products list do not apply to the initial Priority
				  Products list.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 3 - Process for Identifying and Prioritizing Product - Chemical Combinations › Section 69503.7 - Priority Product Notifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notifications to the Department. Within
				  sixty (60) days after a product-chemical combination is listed as a Priority
				  Product, unless the Department specifies a later due date in the Priority
				  Products list, the responsible entity for a Priority Product shall notify the
				  Department that its product-chemical combination is a Priority Product. For a
				  Priority Product that is first manufactured or first placed into the stream of
				  commerce in California after the date of the Priority Product listing, the
				  responsible entity shall provide the Priority Product Notification within sixty
				  (60) days after the product is first placed into the stream of commerce in
				  California. The notification must include:
(1)
				  The responsible entity's name and contact information, and a statement
				  indicating whether the responsible entity is the product manufacturer,
				  importer, assembler, or retailer;
(2) The type, brand name(s) and product
				  name(s) of the Priority Product, and, if the product is a component of one or
				  more assembled products, a description of the known product(s) in which the
				  component is used;
(3) If
				  applicable, the name of, and contact information for, the person that will be
				  complying with the requirements of article 5 on behalf of or in the stead of
				  the responsible entity; and
(4) If
				  applicable, an indication that a notification is being submitted under section
				  69505.2 or section
				  69505.3 concurrently with the
				  Priority Product Notification, or will be submitted later as provided in
				  section 69505.2 or section
				  69505.3.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 4 - Petition Process for Identification and Prioritization of Chemicals and Products › Section 69504 - Applicability and Petition Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petition Process. Except as provided in
				  subsection (b), a person may petition the Department to add to or remove from
				  the Candidate Chemicals list one or more chemicals, or to add to or remove from
				  the lists specified in section
				  69502.2(a) the
				  entirety of an existing chemicals list. A person may also petition the
				  Department to add to or remove from the Priority Products list a
				  product-chemical combination. A petition must include:
(1) The name of, and contact information for,
				  both of the following:
(A) The petitioner;
				  and
(B) The person responsible for
				  the petition contents, if different from the petitioner, and the affiliation of
				  this person with the petitioner;
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 4 - Petition Process for Identification and Prioritization of Chemicals and Products › Section 69504.1 - Merits Review of Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Process and Timing. The Department shall determine whether to grant or deny a
				  petition in accordance with the criteria and processes specified in article 2
				  and/or article 3, as applicable. The Department shall make its determination no
				  later than the next update of the Candidate Chemicals list or Priority Products
				  list, as applicable. The Department shall give high priority to reviewing
				  petitions by federal and other California State agencies that relate to the
				  petitioning agency's statutory and/or regulatory authorities.
(b) Substantive Review. The Department's
				  merits review of each complete petition shall, to the extent applicable, be
				  based on:
(1) The comprehensiveness of the
				  information submitted that pertains to the factors specified in section
				  69502.2(b) and/or
				  section 69503.2.
(2) The quality of the information
				  submitted.
(3) The availability of
				  information, other than that submitted with the petition, that supports the
				  petitioner's claims that:
(A) The chemical
				  does or does not exhibit one or more hazard traits and/or environmental or
				  toxicological endpoints; and
(B) An
				  evaluation of the chemical and/or the product, based on the factors specified
				  in section
				  69502.2(b) and/or
				  section 69503.2, as applicable, does or
				  does not indicate potential adverse impacts and potential exposures, and, if
				  applicable, adverse waste and end-of-life effects.
(4) For a petition to remove a chemical from
				  the Candidate Chemicals list, whether the chemical has changed status on any
				  source list(s) that led to its inclusion on the Candidate Chemicals
				  list.
(5) For a petition to remove
				  an entire existing chemicals list from the lists specified in section
				  69502.2(a),
				  whether the entity responsible for the underlying list still conducts its
				  scientific assessments of chemicals in a manner that is substantially
				  equivalent to, or as rigorous as, the manner in which it conducted its
				  scientific assessments at the time of the initial adoption of these
				  regulations.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505 - Guidance Materials

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Guidance Materials. Before finalizing the initial Priority Products list, the
				  Department shall make available on its website guidance materials to assist
				  persons in performing AAs under this article. The Department shall periodically
				  revise and update the guidance materials.
(b) Sample Alternatives Analyses. The
				  Department shall also post on its website examples of AAs that are available in
				  the public domain at no cost. The posting must indicate, for each AA, the name
				  of the person that prepared the AA.
1. New
					 article 5 (sections
					 69505-69505.9) and section filed
					 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252
						and
						25253,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.1 - Alternatives Analysis: General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. This article does not
				  apply to a product for which the notification requirements of section
				  69505.2 or section
				  69505.3 have been fully and timely
				  met.
(b) AA Requirements.
(1) Except as otherwise provided in
				  subsection (a) above and subsections (b), (c) and (d) of section
				  69505.4, a responsible entity for
				  a Priority Product shall conduct an AA for the Priority Product and shall
				  comply with all applicable requirements of this article.
(2) A responsible entity subject to the
				  requirements of paragraph (1) shall prepare, sign, and submit to the Department
				  AA Reports as follows:
(A) Except as provided
				  in subsection (c), a responsible entity shall submit the Preliminary AA Report
				  to the Department no later than 180 days after the date the product is listed
				  on the final Priority Products list posted on the Department's website, unless
				  the Department specifies a different due date in the Priority Products
				  list.
(B) Except as provided in
				  subsection (c), a responsible entity shall submit the Final AA Report no later
				  than twelve (12) months after the date the Department issues a notice of
				  compliance for the Preliminary AA Report, unless the responsible entity
				  requests and the Department approves an extended due date.
(C) For a product that is first placed into
				  the stream of commerce in California after the date the product is listed on
				  the Priority Products list, the due date for the Preliminary AA Report shall be
				  180 days after the product is first placed into the stream of commerce in
				  California, unless the Department specifies a different due date in the
				  Priority Products list.
(3) The requirements of this article
				  applicable to a responsible entity may be fulfilled entirely or in part by the
				  responsible entity, and/or entirely or in part by a person acting on behalf of
				  or in the stead of the responsible entity. This paragraph does not apply to
				  sections 69505.2 and
				  69505.3.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.2 - Removal/Replacement Notifications in Lieu of Alternatives Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability.
(1)
(A) The
				  requirements of this article do not apply to a responsible entity's Priority
				  Product if the manufacturer of the Priority Product submits one of the
				  following notifications to the Department no later than the due date for
				  submitting the Preliminary AA Report:
1. A
				  Chemical Removal Intent and/or Confirmation Notification that complies with
				  subsections (b) and (c);
2. A
				  Product Removal Intent and/or Confirmation Notification that complies with
				  subsections (b) and (d); or
3. A
				  Product-Chemical Replacement Intent and/or Confirmation Notification that
				  complies with subsections (b) and (e).
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.3 - Alternatives Analysis Threshold Notification in Lieu of Alternatives Analysis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notification Requirements. This article does not apply to a responsible
				  entity's Priority Product for which the manufacturer submits an Alternatives
				  Analysis Threshold Notification to the Department concurrently with the
				  Priority Product Notification, or by the due date for the Preliminary AA Report
				  for the Priority Product. Each notification must include:
(1) The name of, and contact information for,
				  the person submitting the notification;
(2) The name of, and contact information for,
				  any known responsible entity(ies);
(3) If different from paragraphs (1) and (2),
				  the name of, and contact information for, the manufacturer(s) and importer(s)
				  of the Priority Product;
(4)
(A) A statement certifying that the
				  Chemical(s) of Concern is/are present in the manufacturer's Priority Product
				  only as contaminants and the concentration of each Chemical of Concern does not
				  exceed the PQL for that chemical; or
(B) A statement certifying that the
				  Chemical(s) of Concern does/do not exceed the Alternatives Analysis
				  Threshold(s) specified by the Department under section
				  69503.5(c) for
				  the Chemical(s) of Concern.
(5) If applicable, identification of the PQL
				  for each Chemical of Concern in the Priority Product, and the information and
				  method used to determine the PQL;
(6) The source of the Chemical(s) of Concern
				  in the Priority Product;
(7)
				  Information identifying and describing the Priority Product, the brand name(s)
				  and labeling information under which the Priority Product is placed into the
				  stream of commerce in California, and, if the Priority Product is a component
				  of one or more assembled products, a description of the known product(s) in
				  which the component is used;
(8)
				  Laboratory analytical testing methodology and quality control and assurance
				  protocols used to measure each Chemical of Concern in the Priority Product, and
				  identification of the testing laboratory; and
(9) A demonstration and certification that
				  the manufacturer meets and will continue to meet the criteria and conditions
				  that are the basis for the exemption in this section.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.4 - Alternatives Analysis Process and Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) AA Stages.
(1) An AA must be conducted in two
				  stages.
(2) The responsible entity
				  shall initially complete the first stage of the AA in accordance with section
				  69505.5, and submit a Preliminary
				  AA Report that complies with sections
				  69505.1(b)(2)(A)
				  and 69505.7.
(3) The responsible entity shall next
				  complete the second stage of the AA in accordance with section
				  69505.6, and submit a Final AA
				  Report that complies with sections
				  69505.1(b)(2)(B)
				  and 69505.7.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.5 - Alternatives Analysis: First Stage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The first stage of the AA shall include the six (6) steps
					 described below:
(a) Step 1,
				  Identification of Product Requirements and Function(s) of Chemical(s) of
				  Concern.
(1) The responsible entity shall
				  identify the functional, performance, and legal requirements of the Priority
				  Product that must also be met by the alternatives under
				  consideration.
(2) The responsible
				  entity shall identify the role(s), if any, of the Chemical(s) of Concern in
				  meeting the Priority Product's requirements identified under paragraph
				  (1).
(3)
(A) The responsible entity shall determine if
				  the Chemical(s) of Concern or alternative replacement chemical(s) is/are
				  necessary to meet the Priority Product's requirements identified under
				  paragraph (1).
(B) If the
				  responsible entity determines that neither the Chemical(s) of Concern nor
				  alternative replacement chemical(s) is/are necessary to meet the Priority
				  Product's requirements identified under paragraph (1), the responsible entity
				  shall evaluate removal of the Chemical(s) of Concern from the Priority Product
				  without the use of any replacement chemical(s) as one of the alternatives to
				  the Priority Product. Alternatively, the responsible entity may submit Chemical
				  Removal Intent and/or Confirmation Notifications to the Department in lieu of
				  completing the Alternatives Analysis and submitting the required AA
				  Reports.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.7 - Alternatives Analysis Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General Requirements.
(1) Preliminary and Final AA Reports and
				  Abridged AA Reports must each include all of the applicable information
				  specified in subsections (b) through (k).
(2) The responsible entity shall include in
				  the AA Reports sufficient information for the Department to determine:
(A) Compliance with the substantive and
				  administrative requirements of this article; and
(B) The appropriate due date for submission
				  of the Final AA Report, and the appropriate due date for any regulatory
				  response(s) required under article 6.
(3) The responsible entity shall identify and
				  explain in the Final AA Report all differences in the information and analyses
				  presented in the Preliminary AA Report and the Final AA Report. The responsible
				  entity must identify in the Final AA Report the information sources used to
				  support changes from the Preliminary AA Report to the Final AA
				  Report.
(4) The responsible entity
				  shall maximize the scope of information in the AA Report that can be made
				  available to the public, while maintaining protection of legitimate trade
				  secrets.
(A) If the AA Report contains
				  information claimed by the responsible entity to be a trade secret, a separate
				  publicly available AA Report shall be submitted to the Department that excludes
				  claimed trade secret information only to the extent necessary to protect its
				  confidential nature.
(B) If the
				  Department subsequently rejects a trade secret claim and/or the nature and/or
				  extent of redaction, the responsible entity shall, at the Department's request,
				  submit a revised publicly available AA Report and executive summary within
				  thirty (30) days of the request to add any information for which a trade secret
				  claim or redaction is rejected.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.8 - Public Comments on AA Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Public Notice of Opportunity for Comment.
				  Upon receipt of a Final AA Report or an Abridged AA Report, the Department
				  shall post on its website, and send to persons on the electronic mailing
				  list(s) that the Department establishes related to this chapter, a notice
				  regarding the availability for public review and comment of the Final AA Report
				  or Abridged AA Report. The notice shall include the last day for the public to
				  submit written comments to the Department, the method(s) for submitting
				  comments, and a link to the location on the Department's website where a copy
				  of the Final AA Report or Abridged AA Report may be viewed. The last day for
				  submission of public comments shall be no sooner than forty-five (45) days from
				  the date the notice of availability of the Final AA Report or Abridged AA
				  Report is posted on the Department's website or the date the notice is sent to
				  persons on the electronic mailing list(s), whichever is the later
				  date.
(b) Department Review of
				  Public Comments. No later than thirty (30) days after the close of the public
				  comment period established under subsection (a), the Department shall review
				  the public comments received and notify the person that submitted the Final AA
				  Report or Abridged AA Report of those issues that the Department determines
				  must be addressed in an AA Report Addendum. The notice shall include the due
				  date by which the person must submit an AA Report Addendum to the Department
				  under subsection (c). In determining the due date for the AA Report Addendum,
				  the Department shall take into consideration the scope and complexity of the
				  issues the Department is requiring the person to address.
(c) AA Report Addendum. A person that
				  receives a notice under subsection (b) shall prepare, and submit to the
				  Department by the due date specified under subsection (b), an AA Report
				  Addendum that addresses the issues identified by the Department as requiring
				  further attention. The AA Report Addendum shall also include any revisions to
				  the Final AA Report or Abridged AA Report determined necessary based on
				  consideration of the issues identified by the Department.
1. New
					 section filed 8-28-2013; operative 10-1-2013 (Register 2013, No.
					 35).
Note: Authority cited: Sections
						25253
						and
						58012,
						Health and Safety Code. Reference: Sections
						25252,
						25253
						and
						25257,
						Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 55 - Safer Consumer Products › Article 5 - Alternatives Analysis › Section 69505.9 - Department Review and Determinations for AA Reports and Work Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Review
				  Criteria. In reviewing AA Reports and Alternate Process AA Work Plans for
				  compliance with the substantive and administrative requirements of this
				  article, the Department shall consider:
(1)
				  Whether the AA Report or Alternate Process AA Work Plan was submitted
				  timely;
(2) Whether, and to what
				  extent, the responsible entity considered and addressed all applicable
				  provisions of this article pertaining to the preparation and submittal of an AA
				  Report or Alternate Process AA Work Plan, whichever is applicable;
(3) Whether, and to what extent, the
				  responsible entity demonstrated that the conclusions of the AA were based on
				  reliable information, when applicable.