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; Health and Safety Code Section 25249.5 et seq.). On May 29, 1998, OEHHA published a public notice in the California Regulatory Notice Register (Register 98, No. 22-Z) announcing it had determined that the regulatory criteria for formal identification via the authoritative bodies listing mechanism as specified in Section 12306(d) Title 22 of the California Code of Regulations (22 CCR) have not been met for benzo(a) pyrene, technical grade DDT and zearalenone. The May 1998 Register notice indicated that these chemicals would be referred to the Developmental and Reproductive Toxicant (DART) Identification Committee for consideration.

OEHHA has reconsidered the proposed listing of technical grade DDT in light of the recent additions of its two major isomers, o,p’-DDT and p,p’-DDT, to the Proposition 65 list of chemicals known to cause reproductive toxicity. Since these listings address its major constituents, technical grade DDT will not be referred separately to the DART Identification Committee for consideration, and OEHHA will not prepare a draft hazard identification document on the assessment of the reproductive and developmental toxicity of technical grade DDT.

OEHHA has also reevaluated zearalenone and benzo(a)pyrene within the context of the regulatory criteria specified in 22 CCR, Section 12306(i). These chemicals have been determined not to be subject to the requirement for mandatory referral to the state’s qualified experts for consideration. OEHHA will instead return them to their previous positions within the prioritization scheme prior to their consideration for possible administrative listing. Thus, at this time, OEHHA will not refer zearalenone and benzo(a)pyrene directly to the DART Identification Committee, and consequently will not initiate the preparation of draft hazard identification documents on these chemicals.

Zearalenone had not previously been entered into the prioritization process. It will therefore be placed in the pool of chemicals for future prioritization with respect to their potential to cause developmental or reproductive toxicity. Zearalenone will be subject to possible random selection for subsequent consideration in the prioritization process, as described in the 1997 OEHHA document "Procedure for Prioritizing Candidate Chemicals for Consideration Under Proposition 65 by the State’s Qualified Experts". This document is available on the Internet at http://www.oehha.org/prop65/policy_procedure/prioproc.html or from the address given below.

Benzo(a)pyrene was included in the public notice announcing the availability of draft data summaries and draft priorities for chemicals under evaluation for their potential to cause reproductive toxicity published on September 12, 1997 in the California Regulatory Notice Register. The draft data summary on benzo(a)pyrene was released at that time and included a draft priority of High. However, the draft data summary was identified as "postponed" pending the outcome of consideration of benzo(a)pyrene for administrative listing, and public and scientific comment on the draft data summary were not invited. Since it has been determined that benzo(a)pyrene does not meet the regulatory criteria for administrative listing, it will proceed through the prioritization process. Accordingly, the draft data summary for benzo(a)pyrene is being re-released at this time for public and scientific comment, as described in the 1997 OEHHA document "Procedure for Prioritizing Candidate Chemicals for Consideration Under Proposition 65 by the State’s Qualified Experts". Copies of the draft data summary can be obtained by clicking here, or by contacting Ms. Cynthia Oshita at the address given below. This notice initiates a 60-day public comment period.

A public forum to receive public comments on chemicals under consideration for possible administrative listing was announced by OEHHA in a notice published in the California Regulatory Notice Register on October 30, 1998. The public forum will be conducted on Friday, December 18, 1998 at 10:00 a.m. in the Auditorium at 714 P Street, Sacramento, California, and will last until all business has been conducted or until 5:00 p.m. Public comments on the draft data summary and priority for benzo(a)pyrene will also be received at the public forum on December 18; benzo(a)pyrene will be the last item on the agenda.

Written comments on the draft data summary and priority for benzo(a)pyrene provided in triplicate, along with supporting information, may also be submitted to:

Cynthia Oshita
Office of Environmental Health Hazard Assessment
Post Office Box 4010
Sacramento, CA 95812-4010

FAX: (916) 327-1097
Telephone: (916) 445-6900

In order to be considered, comments must be postmarked (if sent by mail) or received at OEHHA (if hand-delivered or sent by fax) by 5:00 p.m., January 5, 1999.

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

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