Statutes, codes, and regulations
California Code Of Regulations
Title 27 - Environmental ProtectionDivision 4 - Office of Environmental Health Hazard AssessmentChapter 1 - Safe Drinking Water and Toxic Enforcement Act of 1986
Article 7 - NO Significant Risk Levels
Section 25701 - General

Cal. Code Regs. tit. 27 § 25701

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Current through Register 2024 Notice Reg. No. 16, April 19, 2024
Section 25701 - General
(a) The determination of whether a level of exposure to a chemical known to the state to cause cancer poses no significant risk for purposes of Section 25249.10(c) of the Act shall be based on evidence and standards of comparable scientific validity to the evidence and standards which form the scientific basis for the listing of the chemical as known to the state to cause cancer. Nothing in this article shall preclude a person from using evidence, standards, risk assessment methodologies, principles, assumptions or levels not described in this article to establish that a level of exposure to a listed chemical poses no significant risk.
(b) A level of exposure to a listed chemical, assuming daily exposure at that level, shall be deemed to pose no significant risk provided that the level is determined:
(1) By means of a quantitative risk assessment that meets the standards described in Section 25703;
(2) By application of Section 25707 (Routes of Exposure); or
(3) By one of the following, as applicable:
(A) If a specific regulatory level has been established for the chemical in question in Section 25705, by application of that level.
(B) If no specific level is established for the chemical in question in Section 25705, by application of Section 25709 (Exposure to Trace Elements) or 25711 (Levels Based on State or Federal Standards) unless otherwise provided.
(c) The chemicals, routes of exposure and conditions of use specifically listed in this article do not include all chemicals, routes of exposure and conditions of use that pose no significant risk. The fact that a chemical, route of exposure or condition of use does not appear in this article does not mean that it poses a significant risk.
(d) This article establishes exposure levels posing no significant risk solely for purposes of Section 25249.10(c) of the Act. Nothing in this article shall be construed to establish exposure or risk levels for other regulatory purposes.
(e) Whenever the lead agency proposes to formally adopt a regulation pursuant to Sections 25701 through 25721, such as a level of exposure to a listed carcinogen that shall be deemed to pose no significant risk of cancer, the lead agency shall provide to each member of the Carcinogen Identification Committee notice of the proposed action, the proposed change to the regulation, and a copy of the initial statement of reasons supporting the proposal for their review and comment. The Committee shall be given at least 45 days to comment. Any such comment by members of the Carcinogen Identification Committee shall become a part of the formal rulemaking record. Nothing in this section shall be construed to require members of the Carcinogen Identification Committee to submit any comment. This procedure complies with the peer review requirements of section 57004 of the California Health and Safety Code.

Cal. Code Regs. Tit. 27, § 25701

1. New section filed 2-24-88 as an emergency; operative 2-27-88 (Register 88, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-27-88.
2. New section refiled 6-27-88 as an emergency; operative 6-27-88 (Register 88, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-25-88.
3. New section refiled 10-17-88 as an emergency; operative 10-25-88 (Register 88, No. 44). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-22-89.
4. New section refiled 2-21-89 as an emergency; operative 2-22-89 (Register 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-22-89.
5. Certificate of Compliance including amendment transmitted to OAL 6-9-89 and filed 7-10-89 (Register 89, No. 30).
6. Amendment of subsection (b)(3)(B) filed 11-16-93; operative 12-16-93 (Register 93, No. 47).
7. Amendment of subsections (a) and (d) filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2).
8. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 3, article 7 (sections 12701-12721) to title 27, division 4, chapter 1, article 7 (sections 25701-25721) and renumbering title 22, section 12701 to title 27, section 25701, including amendment of subsections (b)(1)-(b)(2)(B), filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
9. New subsection (e) and amendment of NOTE filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).

Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.5, 25249.6, 25249.9, 25249.10, 25249.11 and 57004, Health and Safety Code.

1. New section filed 2-24-88 as an emergency; operative 2-27-88 (Register 88, No. 11). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-27-88.
2. New section refiled 6-27-88 as an emergency; operative 6-27-88 (Register 88, No. 27). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-25-88.
3. New section refiled 10-17-88 as an emergency; operative 10-25-88 (Register 88, No. 44). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-22-89.
4. New section refiled 2-21-89 as an emergency; operative 2-22-89 (Register 89, No. 10). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-22-89.
5. Certificate of Compliance including amendment transmitted to OAL 6-9-89 and filed 7-10-89 (Register 89, No. 30).
6. Amendment of subsection (b)(3)(B) filed 11-16-93; operative 12-16-93 (Register 93, No. 47).
7. Amendment of subsections (a) and (d) filed 1-7-2003; operative 2-6-2003 (Register 2003, No. 2).
8. Change without regulatory effect renumbering title 22, division 2, subdivision 1, chapter 3, article 7 (sections 12701-12721) to title 27, division 4, chapter 1, article 7 (sections 25701-25721) and renumbering title 22, section 12701 to title 27, section 25701, including amendment of subsections (b)(1)-(b)(2)(B), filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).
9. New subsection (e) and amendment of Note filed 7-12-2012; operative 8-11-2012 (Register 2012, No. 28).