The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is the lead agency for the implementation of Proposition 65. Proposition 65 requires publication, at least annually, of a list of chemicals known to the state to cause cancer or reproductive toxicity. OEHHA, as lead agency for Proposition 65, administers the publication of the list. While not required by statute, the endpoint or endpoints serving as the basis for a finding that a chemical is known to cause reproductive toxicity are indicated on the Proposition 65 list. This is currently done through the publication of three lists of chemicals that cause: 1) developmental toxicity; 2) female reproductive toxicity; and 3) male reproductive toxicity. Formally placing a chemical on one or more of these lists identifies the chemical as known to the state to cause reproductive toxicity.
The original Proposition 65 list was comprised of a list of carcinogens and a single list of chemicals that cause reproductive toxicity. The endpoint on which the reproductive toxicity listing was based was not provided. To provide this information, since October 1989 the list of chemicals causing reproductive toxicity has been published as the three lists of chemicals causing developmental, male reproductive and female reproductive toxicity. To provide a more streamlined list, OEHHA proposes instead that the list of chemicals known to the state to cause reproductive toxicity be reformatted to a single list, ordered alphabetically by chemical, with the basis for listing each chemical clearly noted. The same information included in the current list can be more easily obtained in a single list. While for some time the public has been used to seeing the Proposition 65 list published in the current format, OEHHA can see no significant disadvantage to the reformatting proposed. A more readily understood format is in line with OEHHA's initiatives to clarify procedures and provide clear and transparent information to the public on Proposition 65 matters. A complete, updated chemical list was last published in the California Regulatory Notice Register on June 22, 2001 and is available at OEHHA's Web site (www.oehha.ca.gov). The current list, organized according to the proposed format, is available as an attachment to this notice and also on OEHHA's Web site.
The main advantage of the reformatting proposed is that in order to find out whether a chemical is on the list of chemicals known to the state to cause reproductive toxicity, only one rather than three lists need be checked. Also, in instances where a chemical is listed on the basis of multiple endpoints but the dates on which the endpoints were identified differs, it will remove or reduce the possibility of mistaking the date of listing, which governs the dates on which warnings must be provided and discharges to sources of drinking water prohibited. Finally, in cases where a chemical that was listed on the basis of multiple endpoints remains on the Proposition 65 list although one or more endpoints are deleted, there is less opportunity for mistakenly identifying the chemical as no longer being on the list.
Reformatting of the list is an administrative matter not subject to the Administrative Procedure Act, and can be accomplished through the submission of a "for publication only" package to the Office of Administrative Law. However, because of the great interest of the public in Proposition 65, we are inviting public comment on this proposal. Any one wishing to comment on the proposed reformatting of the Proposition 65 list of chemicals known to cause reproductive toxicity may do so orally at the public forum described below, or in writing by submitting written comments in triplicate, along with supporting documentation, by mail, fax or hand-delivery to:
Ms. Cynthia Oshita
Office of Environmental Health Hazard Assessment
Street address: 1001 I Street
Sacramento, California 95814
Mailing address: P.O. Box 4010
Sacramento, California 95812-4010
Fax No.: (916) 323-8803
Telephone: (916) 445-6900
In order to be considered, written submissions must be postmarked (if sent by mail) or received at OEHHA (if hand-delivered or sent by fax) by 5:00 p.m. on Monday, September 10, 2001.
A public forum will be held on Monday, September 10, 2001, to provide an opportunity for interested parties to orally comment on the proposed reformatting of the list. The forum will be held immediately following the public hearing scheduled on September 10, 2001 to receive testimony on an unrelated proposed regulatory action by OEHHA which will begin at 1:00 p.m. at 1001 I Street in Sacramento, in the Coastal Hearing Room on the Second Floor (see the other public notice published elsewhere in this issue of the California Regulatory Notice Register.) The precise time at which the public forum will begin cannot be specified at this time, but it will be no later than 4:00 p.m. The public hearing will last until all business has been conducted or until 4:00 p.m. The public forum on the proposed reformatting of the list will begin immediately after the public hearing on the proposed regulatory action is adjourned and will last until all business has been conducted or until 5:00 p.m.
Follow this link to download a copy of the proposed format for the Proposition 65 List of Chemicals Known to Cause Reproductive Toxicity as a pdf file.
New list format published on December 21, 2001. Follow this link to see the notice of the new format publication.