How do Petitions Affect Me?
What is the Purpose for Submitting a Petition?
The Department of Toxic Substances Control (DTSC) will accept petitions to: add one or more chemicals from the Candidate Chemical list, add or remove the entirety of an existing chemicals list from the lists specified in section 69502.2(a), or to add or remove any chemical-product combination from the Priority Products list.
Who Can File a Petition and is there a Fee?
Any person may file a petition to:
- Add one or more chemicals from the Candidate Chemical list
- Add or remove the entirety of an existing chemicals list from the lists specified in section 69502.2(a)
- Add or remove any chemical-product combination from the Priority Products list
No fee is required to file a petition with DTSC. All petition documents must be submitted to DTSC in English, and must be in an electronic format. DTSC has created an Information Management System, CalSAFER, to help streamline the petitions process.
What Must a Petition Include?
A petition must include the following:
- The name of, and contact information for, the person responsible for the petition contents, and if different from the petitioner, the affiliation of this person with the petitioner;
- A description of the chemical and/or product-chemical combination that is the subject of the petition;
- A description of the uses of the chemical and/or product-chemical combination;
- The basis for the petition, including an analysis of the basis for the existence or absence of potential adverse impacts, potential exposures, and/or potential adverse waste and end-of-life effects associated with the chemical and/or product-chemical combination;
- Information supporting the petition; and
- The identity of any known manufacturers and importers of the chemical or product-chemical combination.
Failure to include in writing the above contents is grounds for designating a petition as incomplete. DTSC will examine the petition to determine if this information is included and designate the petition as complete when all required information has been provided. CalSAFER was designed to help petitioners submit a complete petition online.
How Long does the Entire Petition Process Take from Start to Finish?
If DTSC determines the petition is complete, a merits review of the petition will be conducted using the criteria and processes specified in Article 2 and/or Article 3, as applicable, and make its final determination to grant or deny the petition no later than the next update of the Candidate Chemicals list or Priority Product list, as applicable.
What is the Deadline for Filing a Petition?
There are no specific deadlines for filing petitions. However, pursuant to section 69504(b)(1), a petition to remove an entire list of chemicals from the lists specified in section 69502.2(a) may not be submitted until 3 years after the effective date of the regulations. As such, the earliest time that a petition to remove an entire list of chemicals will be considered is after October 1, 2016. Similarly, pursuant to section 69504(b)(2), a petition to remove a product-chemical combination from the Priority Products list may not be submitted until three years after the date the product chemical combination is placed on the Priorities Products list.
Can I Submit a Petition to Delist and/or Add a Candidate Chemical?
The Candidate Chemicals list, as identified in section 69502.2(a), consists of approximately 1,200 chemicals. Additions to this list must occur through the process provided in section 69502.3(b), which requires that DTSC add Candidate Chemicals pursuant to the procedures specified in the Administrative Procedure Act (APA), commencing with Government Code section 11340. Similarly, the Priority Products list shall be established and updated through rulemaking under the APA as provided in section 69503.5(a) (2). The APA process requires that public input be taken into account. A petition to add a Candidate Chemical and/or chemical-product combination may be filed at any time; however, a final determination on the petition will not be provided until the next update of the Candidate Chemicals list or Priority Products list, as applicable. A petition to delist a chemical identified as a Candidate Chemical under section 69502.2(a) may be filed at any time. However, if a chemical is correctly identified as a Candidate Chemical pursuant to section 69502.2(a), a petition to delist the chemical will be denied.
How Soon must DTSC Respond to a Petition?
DTSC is required conduct a completeness review of a petition within 60 days after receiving a petition. If DTSC determines that the petition is incomplete, DTSC will notify the petitioner of its determination and will specify the basis for its determination. If DTSC determines that the petition is complete, DTSC will provide a notice to the petitioner that a merits review will be conducted. The determination will be posted on CalSAFER.