Tributyltin Methacrylate Under Consideration for Possible Listing, Request for Information

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or the Act) requires the Governor to publish, and update at least annually, a list of chemicals known to the State to cause cancer or reproductive toxicity. The Act provides two mechanisms for administratively listing chemicals as known to the State to cause cancer or reproductive toxicity [Health and Safety Code Section 25249.8(b)]. One mechanism by which a chemical is listed is if a state or federal agency has formally required that the chemical be labeled or identified as causing cancer or reproductive toxicity. The criteria for listing chemicals through this mechanism are set forth in Title 22, California Code of Regulations (22 CCR) Section 12902. The second mechanism for administrative listing, and the subject of today’s notice, is if a body considered to be authoritative by the state’s qualified experts has formally identified a chemical as causing cancer or reproductive toxicity. The United States Environmental Protection Agency (U.S. EPA) has been identified as authoritative bodies for purposes of the Act. The criteria for listing chemicals through the "authoritative bodies" mechanism are set forth in 22 CCR Section 12306.

As the lead agency for the implementation of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is investigating the possible listing of the chemical identified below, based upon information in the references cited. Tributyltin methacrylate (CAS No. 2155-70-6) is proposed for administrative listing based upon the U.S. EPA (1994b) having identified it as causing developmental toxicity, and the supporting information described by that Agency (U.S. EPA, 1994a). Documentation summarizing the rationale for considering the evaluation of this chemical for possible administrative listing is available from OEHHA’s Proposition 65 Implementation Office at the address and telephone number indicated below, or from download area below.

OEHHA is committed to public participation and external scientific peer review in its implementation of Proposition 65, and welcomes public input on this listing process. As part of its efforts to ensure that regulatory decisions are based upon a thorough consideration of all relevant information, OEHHA is soliciting information which may be relevant to the evaluation of tributyltin methacrylate in the context of the Proposition 65 authoritative body listing criteria (22 CCR Section 12306).

A public forum will be held on Tuesday, August 31, 1999 to provide an opportunity for interested parties to present oral comments on whether tributyltin methacrylate meets the criteria for listing set forth in 22 CCR Section 12306. The public forum will be conducted in the 3rd Floor Conference Room, 301 Capitol Mall, Sacramento, California, at 10:00 a.m. and will last until all business has been conducted or 5:00 p.m.

Written comments provided in triplicate, along with supporting information, may also be submitted to:

Cynthia Oshita  
Office of Environmental Health Hazard Assessment
Post Office Box 4010
1001 I Steet 
Sacramento, CA 95812-4010
FAX: (916) 323-8803
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. Tuesday, September 7, 1999.

Following the review of all comments received, OEHHA will announce its intention to proceed with the listing of this candidate chemical in a Notice of Intent to List Chemicals if it is determined to meet the regulatory criteria for administrative listing.

Footnotes and References

References:

US Environmental Protection Agency (US EPA, 1994a). Proposed Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register (59 FR 1788).

US Environmental Protection Agency (US EPA, 1994b). Final Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register (59 FR 61432).