On June 4, 2004, the Office of Environmental Health Hazard Assessment (OEHHA) issued a Notice of Proposed Rulemaking announcing proposed amendments to the Title 22, California Code of Regulations (22 CCR) Section 12901. OEHHA also announced that as an alternative the regulation may be repealed in part or in whole. A public hearing was held on July 20, 2004. Written and oral testimony were accepted at the hearing. Written comments were also received during the 45 day public comment period, which ended on July 20, 2004. On September 17, 2004, OEHHA issued a Notice of Intent to Repeal 22 CCR Section 12901. Numerous written comments were received during the 15-day public comment period which ended on October 4, 2004. In addition to the required 15-day notice period for the notice of intent to repeal the regulation, OEHHA took the additional step of meeting with all those who commented on the Notice of Intent to Repeal Section 12901 to discuss the concerns that were raised in their written comments and to develop a reasonable solution. Following the meeting, OEHHA prepared a proposed working draft of a new regulation, more limited in scope than the existing regulation that could replace Section 12901 if it were repealed. OEHHA circulated the working draft to the individuals who had attended the meeting. The draft was acceptable to some of the participants, with minor changes, and rejected entirely by others. OEHHA determined that the appropriate action was to proceed with repeal of the regulation as proposed in the September 17, 2004 notice. The Office of Administrative Law approved the repeal of Section 12901 on March 3, 2005. The repeal was filed with the Secretary of State on March 3, 2005 and will be effective on April 2, 2005. OEHHA announces the availability of the supporting rulemaking documents.
NOTE: OEHHA is proposing a new regulation concerning use of specified methods of detection and analysis that it believes will meet the basic needs of the regulated community, further the purposes of the Act and is consistent with California evidentiary law. This proposed regulation, a new Section 12900, is the subject of a separate rulemaking action noticed on February 18, 2005.