§ 69505.6. Alternatives Analysis: Second Stage.

After receiving approval of the Preliminary AA Report from the Department, the responsible entity shall compare the Priority Product with the alternatives still under consideration. The second stage of the AA shall include the five (5) steps described below:

(a) Step 1, Identification of Factors Relevant for Comparison of Alternatives.

(1) Adverse Impacts and Multimedia Life Cycle Impacts. The responsible entity may use available quantitative information and analytical tools, supplemented by available qualitative information and analytical tools, to re-evaluate the identification of factors and the associated exposure pathways and life cycle segments, if applicable, determined to be relevant under section 69505.5(c) for the comparison of the Priority Product and the alternatives still under consideration after completion of the first AA stage. In addition to the factors determined to be relevant under this paragraph and/or section 69505.5(c), the factors specified in paragraphs (2) and (3) are relevant for all comparisons of the Priority Product and the alternatives.

(2) Product function and performance. The responsible entity shall identify the principal manufacturer-intended use(s) or application(s), the functional and performance attributes, and the applicable legal requirements for the Priority Product. The responsible entity shall, at a minimum, evaluate:

(A) The useful life of the Priority Product, and that of the alternatives under consideration;

(B) The function and performance of each alternative relative to the Priority Product and other alternatives under consideration; and

(C) Whether an alternative exists that is functionally acceptable, technically feasible, and economically feasible.

(3) Economic impacts.

(A) The responsible entity shall evaluate, monetize, and compare for the relevant exposure pathways and life cycle segments the following impacts of the Priority Product and the alternatives:

1. Public health and environmental costs; and

2. Costs to governmental agencies and non-profit organizations that manage waste, oversee environmental cleanup and restoration efforts, and/or are charged with protecting natural resources, water quality, and wildlife.

(B) If the responsible entity's alternative selection decision is to retain the Priority Product based in whole or in part on internal cost impacts, this decision must be explained in the Final AA Report. The Final AA Report must include a quantified comparison of the internal cost impacts of the Priority Product and the alternatives, including manufacturing, marketing, materials and equipment acquisition, and resource consumption costs.

(b) Step 2, Comparison of the Priority Product and Alternatives.

The responsible entity shall use available quantitative information and analytical tools, supplemented by available qualitative information and analytical tools, to evaluate and compare the Priority Product and each of the alternatives under consideration with respect to each relevant factor and associated exposure pathways and life cycle segments, if applicable, identified under subsection (a) above and section 69505.5(c). The responsible entity shall compare each alternative with the Priority Product and with each of the other alternatives under consideration.

(c) Step 3, Consideration of Additional Information.

As part of the second stage of the AA, the responsible entity may also consider other pertinent information not specifically identified in this section. This may include, but is not limited to, reconsideration of the factors and information identified in section 69505.5.

(d) Step 4, Alternative Selection Decision.

The responsible entity shall select the alternative(s) that will replace the Priority Product, unless the decision is to retain the existing Priority Product. The selection of an alternative or the decision to retain the Priority Product shall be based on and supported by the comparative analysis conducted under subsections (b) and (c).

(e) Step 5, Final AA Report Preparation.

The responsible entity shall prepare and submit to the Department a Final AA Report as specified under section 69505.7.

HISTORY

1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).

Note

Note: Authority cited: Sections 25253 and 58012, Health and Safety Code. Reference: Sections 25252, 25253 and 25257, Health and Safety Code.