OEHHA Hazard Trait Regulation approved despite serious criticism

By CMTA Staff

Capitol Update, Jan. 27, 2012 Share this on FacebookTweet thisEmail this to a friend

The Office of Environmental Health Hazard Assessment’s (OEHHA) Hazard Trait Regulation, which CMTA and other industry representatives critically examined on numerous occasions and found to be seriously defective, has been approved for adoption by the Office of Administrative Law (OAL).

OEHHA accepted virtually none of the comments and suggestions provided by industry, much less those of its own peer reviewers.  Of particular note, serious concerns were raised regarding the lack of authority for OEHHA to promulgate the regulations.  According to the enacting statutes for the 2008 Green Chemistry Program, AB 1879, Mike Feuer, D-Los Angles) and SB 509 (Joe Simitian, D-Palo Alto), regulatory authority rests with the Department of Toxics Substances Control (DTSC) – not with OEHHA.  Under the statute, OEHHA was charged with an advisory role in providing information and data on hazard traits.  Despite this clear lack of authority, OEHHA pushed the regulatory package through.

Final adoption of OEHHA’s regulation places added emphasis on the manner in which the hazard trait information will be integrated into the Safer Consumer Products regulation currently being developed by DTSC.   The OEHHA regulation took effect on January 19, 2012.

For more information, see www.oehha.ca.gov.

Read more Environmental Impacts articles

Capitol updates archive 989898989