Toxic Sites, Disability Benefits

Re “Wilson’s Parting Shots,” editorial, Nov. 27: The emergency regulations proposed by Cal/EPA and approved by the Office of Administrative Law closely mirror existing state practices and procedures, federal guidelines and the very legislation introduced by the majority but not passed this last legislative session. These regulations do not compromise cleanup efforts but only simplify the process, matching remediation with anticipated land use.

Your allegation that Cal/EPA could simply adopt continuing regulations to replace sunsetting laws overlooks a fundamental concept of separation of powers. Absent underlying statutory authority, the executive branch cannot issue any regulation.

The Department of Toxics Substance Control does have some authority under a separate statute. It was necessary to enact these regulations to maintain continuity of jurisdiction and enforcement over the 490 cleanup efforts resulting from consent decrees under the sunsetted laws. The way to do that is the OAL process with a short life span of 120 days.

Your mischaracterization of methyl bromide regulations is even worse. Some buffer zones were unchanged. Others were reduced for certain methods of application, yet California remains the only place in the country where there are buffer zones around methyl bromide fumigation.

PETER M. ROONEY

Secretary for Environmental

Protection, Sacramento

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Your editorial said that Gov. Pete Wilson was responsible for a change in the length of time a woman is eligible to receive disability insurance when she is not working due to pregnancy.

Neither the governor’s office, the Health and Welfare Agency nor my office were apprised of the change of policy or its implications for the medical community and pregnant women. There was also inadequate consultation with the affected beneficiaries and medical community to discuss the full effect of this policy. I rescinded that proposed change.

The proposed change was never intended to deny women benefits.

RAY REMY, Director

Employment Development

Department, Sacramento