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The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). The Developmental and Reproductive Toxicant (DART) Identification Committee of OEHHA's Science Advisory Board advises and assists OEHHA in compiling the list of chemicals known to the State to cause reproductive toxicity which is mandated by Health and Safety Code Section 25249.8. The Committee serves as the State's qualified experts for rendering an opinion as to whether a chemical has been clearly shown through scientifically valid testing according to generally accepted principles to cause reproductive toxicity.

Both of the chemicals named in Table 1 below were added to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity under the authoritative bodies provision of Proposition 65. Each chemical was formally identified by the U.S. Environmental Protection Agency (U.S. EPA) as causing developmental or reproductive toxicity. Subsequent to the addition of these chemicals to the list, OEHHA has found that there is no substantial evidence that the criteria identified in Title 22, California Code of Regulations, Section 12306(g) (22 CCR 12306(g)) have been satisfied. This finding is a consequence of the Court of Appeal decision restricting the review of evidence by OEHHA of authoritative bodies listings [Third District Court of Appeal, Western Crop Protection et al. vs. Gray Davis et al. (Case No. CO29727, May 9, 2000 as modified on denial of rehearing, June 8, 2000). As required by regulation, these chemicals are being referred to the DART Identification Committee for a determination as to whether the chemicals should continue to be included on the list of chemicals known to the state to cause reproductive toxicity (22 CCR 12306(j)).

Table 1.

*California Regulatory Notice Register

In accordance with OEHHA's process for preparing information on candidate chemicals for review by the State's qualified experts, OEHHA will review the available literature and data on the above-named chemicals and develop hazard identification documents based on the evidence of reproductive toxicity for these chemicals. The DART Identification Committee will consider the hazard identification documents before determining whether these chemicals should remain on the list of chemicals known to the state to cause reproductive toxicity.

Interested parties or members of the public wishing to provide information relevant to an assessment of the reproductive and developmental toxicity of either or both of the above-named chemicals should forward such information to the address given below. The publication of this notice marks the start of a 45-day data call-in period. This period ends on August 6, 2001. The information received during this data call-in period will be reviewed and considered by OEHHA as it develops the draft reproductive and developmental toxicity hazard identification documents on these chemicals.

OEHHA welcomes public participation and public input as part of these scientific assessments. If there is sufficient public interest, a public workshop or other public forum will be held to encourage scientific dialogue prior to completion of the draft hazard identification documents.

Notification of the availability of the draft hazard identification documents and of the time, date, location, and agenda of any workshops and of the meetings of the DART Identification Committee where these chemicals will be discussed will be provided in future notices published in the California Regulatory Notice Register and posted on OEHHA's Home Page at www.oehha.ca.gov. Each draft hazard identification document will be made available for public comment prior to the committee meeting at which the chemical is considered.

Relevant information on either or both of these chemicals should be sent in triplicate by mail or fax to:

Cynthia Oshita
Office of Environmental Health Hazard Assessment
1001 I Street, P.O. Box 4010
Sacramento, CA 95812-4010
Fax (916) 323-8803
Telephone: (916) 445-6900

Relevant information may also be delivered in person or by courier to 1001 I Street, Sacramento, CA 95814. In order to be considered, the relevant information 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, August 6, 2001.

The chemical named in Table 2 below was added to the Proposition 65 list of chemicals known to the state to cause reproductive toxicity under the authoritative bodies provision of Proposition 65. The chemical was formally identified by the U.S. EPA as causing developmental and reproductive toxicity. The court opinion discussed above has resulted in a determination by OEHHA that the criteria for listing of this chemical for developmental toxicity have not been met. Accordingly, the developmental toxicity notation will be removed from the list effective June 22, 2001. The chemical will remain on the list of chemicals known to the state to cause reproductive toxicity on the basis of its formal identification by U.S. EPA as causing male reproductive toxicity.

Table 2.

*California Regulatory Notice Register

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

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