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The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is adding di(2-ethylhexyl)phthalate (DEHP) to the list of chemicals known to the State to cause reproductive toxicity for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The listing of di(2-ethylhexyl)phthalate(DEHP) is effective October 24, 2003.

Di(2-ethylhexyl)phthalate (DEHP) (CAS No. 117-81-7) is listed as a chemical known to the State of California to cause reproductive toxicity for the developmental and male reproductive endpoints. The listing of DEHP is based on a formal identification by the authoritative bodies (i.e., the National Institute for Occupational Safety and Health ["NIOSH"] and the U.S. Food and Drug Administration ["FDA"]) that this chemical causes developmental and male reproductive toxicity. Regulations governing the listing of chemicals under the "authoritative bodies" mechanism are published in Title 22, California Code of Regulations, Section 12306 (22 CCR 12306).

The reader is directed to the Notice of Intent to List di(2-ethylhexyl)phthalate (DEHP) published in the April 11, 2003, issue of the California Regulatory Notice Register (Register 03, No. 15-Z) for the documentation supporting OEHHA's determination that the criteria for administrative listing have been satisfied for this chemical. The documentation was developed to explain the basis for listing DEHP via the authoritative bodies provision of Proposition 65. OEHHA analyses of dose response data to establish a maximum allowable dose level (MADL) for DEHP under Proposition 65 have not been conducted. The priority status of the development of such analyses will be announced in a future OEHHA Proposition 65 Status Report for Safe Harbor Levels, available at www.oehha.ca.gov/prop65.

A complete, updated Proposition 65 list is published elsewhere in this issue of the California Regulatory Notice Register. The following table outlines the addition of di(2-ethylhexyl)phthalate to the Proposition 65 chemical list as known to the State to cause reproductive toxicity:

¹ Listing mechanism:
AB - "authoritative body" mechanism (22 CCR Section 12306)

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For questions regarding Proposition 65, please contact the Cynthia Oshita in the Proposition 65 Implementation Program

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