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During its spring meeting in April, the Environmental Council of the States (ECOS) adopted several resolutions. ECOS is the national nonprofit, nonpartisan association of state and territorial environmental agency leaders. The resolutions ECOS adopted are: Resolution 04-3: Small Community Challenges: This resolution requests that the federal government work with state and local governments to address current and future small community drinking water and wastewater requirements...
Category: California
November 28, 2016
DTSC Calls for Input on Next Potential Priority Products
On November 15, 2016, the California Department of Toxic Substances Control (DTSC) held a webinar to provide an update on its progress and seek input from stakeholders regarding the selection of the next set of Priority Products under the Safer Consumer Products Regulations (SCPR). A recording of the webinar will be uploaded by DTSC to its workshops web page when available. The webinar is the first step in implementing DTSC’s 2015-2017 Priority Product Work...
On August 28, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) adopted revisions to its Proposition 65 (Prop 65) Article 6 regulations covering "clear and reasonable warnings" requirements. Bergeson & Campbell, P.C. (B&C®) prepared a memorandum discussing OEHHA's November 27, 2015, proposed rule, Proposition 65: OEHHA Repeals and Re-Proposes Revisions to Proposition 65 Warning Regulations, and the March 25, 2016, revisions to those proposed...
On September 16, 2016, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of intent to list perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65). OEHHA is proposing the action under the authoritative bodies' listing mechanism. Comments are...
July 19, 2016
California Proposes First “Priority Products” under Safer Consumer Products Regulations
On July 15, 2016, the California Department of Toxic Substances Control (DTSC) announced the release of its proposed regulation on children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or tris(2-chloroethyl) phosphate (TCEP) as a Priority Product (PP) under the Safer Consumer Products Regulations (SCPR). DTSC first released information about this PP on March 13, 2014, so this proposed regulation is a major step in the SCPR process and over...
July 19, 2016
California Proposes First “Priority Products” under Safer Consumer Products Regulations
On July 15, 2016, the California Department of Toxic Substances Control (DTSC) announced the release of its proposed regulation on children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP) or tris(2-chloroethyl) phosphate (TCEP) as a Priority Product (PP) under the Safer Consumer Products Regulations (SCPR). DTSC first released information about this PP on March 13, 2014, so this proposed regulation is a major step in the SCPR process and over...
April 5, 2016
Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations
On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations covering "clear and reasonable warnings" requirements. OEHHA states that the proposed changes are based on its response to the written comments it received on the proposed rule, and on oral comments provided during a January 13, 2016, public hearing. The modifications...
On January 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) announced the adoption of final regulations (Regulations) related to the development and maintenance of a website to "provide information to the public regarding exposures to listed chemicals for which warnings are being provided" under Proposition 65 (Prop 65). Final Statement of Reasons (FSOR) at 11. OEHHA states that its intent with these Regulations is to "increase the availability of...
December 11, 2015
Proposition 65: OEHHA Repeals and Re-Proposes Revisions to Proposition 65 Warning Regulations
On November 27, 2015, the California Office of Environmental Health Hazard Assessment (OEHHA) took two actions: (1) it withdrew its proposed rule issued on January 16, 2015, that would have repealed and replaced the existing Article 6 regulations regarding the all-important "clear and reasonable warnings" requirements under Proposition 65 (Prop 65); and (2) it replaced it with a new proposed rule that will repeal and replace the Prop 65 Article 6 regulations (Proposed Rule), posted with an...
On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its much anticipated Final Priority Product Work Plan under the Safer Consumer Products Regulations. The Work Plan, initially proposed on September 12, 2014, describes product categories it will use to evaluate and identify product-chemical combinations to be added to the Priority Products. The purpose of the Work Plan is to provide a "level of predictability to potential manufacturers, importers, retailers,...