Comment Period - Hazard Identification Materials to Support Reconsideration of Listing: Hexafluoroacetone, Phenylphosphine and Chlorsulfuron
The Office of Environmental Health Hazard Assessment (OEHHA) announces the availability for public review of a hazard identification document to support the reconsideration of three chemicals listed under Proposition 65 as known to cause reproductive toxicity. The Developmental and Reproductive Toxicant Identification Committee (DARTIC) will meet on May 21, 2014 to consider whether these chemicals should remain listed under Proposition 65 as known to cause reproductive toxicity.
Two of the chemicals, hexafluoroacetone and phenylphosphine, were added to the Proposition 65 list in 2008 and 2009, respectively,via the Labor Code mechanism.1 OEHHA is bringing the two chemicals to the DARTIC because the federal regulations that affect the basis for the original listings via the Labor Code mechanism have changed. Specifically, in March 2012, the federal Occupational Safety and Health Administration (OSHA) amended the regulations contained in CFR2 Title 29, section 1910.1200. These changes have affected the use of this section as a definitive source for identifying chemicals as known to cause reproductive toxicity by the Labor Code mechanism.
The third chemical covered in the document, chlorsulfuron, was added to the list as known to cause reproductive toxicity in 1999 based on formal identification by the U.S. Environmental Protection Agency (U.S. EPA), an authoritative body3, that the chemical causes reproductive toxicity. U.S. EPA was subsequently petitioned to remove chlorsulfuron from the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act section 313. In its response to the petition on November 18, 2013, U.S. EPA determined that there is no compelling evidence of reproductive or developmental toxicity for chlorsulfuron. (U.S. EPA denied the petition because it determined that chlorsulfuron can reasonably be anticipated to cause toxicity to aquatic plants.)
In January (Email from A Lawyer, Chlorsulfuron Denial FR, EPA TRI Conclusion, DuPont Chlorsulfuron Summary and February 2014, DuPont Crop Protection and its representatives asked OEHHA to delist chlorsulfuron based on U.S. EPA’s action. In connection with these requests, DuPont Crop Protection provided OEHHA with publicly available studies cited by U.S. EPA, and five proprietary studies. Citations of these studies are available in the February 2014 DuPont request letter posted on OEHHA’s web site. Full copies of the proprietary studies are being provided to the members of the DARTIC in order for the members to consider the information for the May 21 DARTIC meeting. Any person with an interest in these studies may review them at the Department of Pesticide Regulation data library located at 1001 I Street in Sacramento.
This notice marks the beginning of a 45-day public comment period on OEHHA’s hazard identification document. The public comment period will close on Monday, April 28, 2014. Copies of the document are available from OEHHA’s web site. The document may also be requested from OEHHA’s Proposition 65 Implementation Office by calling (916) 445-6900.
At its meeting on May 21, 2014 in Sacramento, the DARTIC will consider whether the three chemicals covered in the hazard identification document should remain listed under Proposition 65 as known to cause reproductive toxicity. The meeting will be held in the Sierra Hearing Room at the Cal/EPA Headquarters building, 1001 I Street, Sacramento, California. The meeting will begin at 10:00 a.m. and will last until all business is conducted or until 5:00 p.m. The agenda for the meeting will be provided in a future public notice published in advance of the meeting. OEHHA will send comments received on the hazard identification document for these chemicals to DARTIC members prior to the meeting.
OEHHA, a department of the California Environmental Protection Agency, is the lead agency for the implementation of Proposition 65.4 The DART IC advises and assists OEHHA in compiling the list of chemicals known to the State to cause reproductive toxicity, as required by Proposition 65. The DART IC serves as the state’s qualified experts for determining whether a chemical has been clearly shown through scientifically valid testing according to generally accepted principles to cause reproductive toxicity.
OEHHA must receive comments and any supporting documentation on the hazard identification document by 5:00 p.m. on Monday, April 28, 2014. We encourage you to submit comments in electronic form, rather than in paper form. Comments transmitted by e-mail should be addressed to P65Public.comments@oehha.ca.gov. Please include “Labor Code or AB Chemicals Reconsideration” in the subject line. Comments submitted in paper form may be mailed, faxed, or delivered in person to the addresses below:
Mailing Address: Sam Delson
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-19B
Sacramento, California 95812-4010
Fax: (916) 323-2265
Street Address: 1001 I Street
Sacramento, California 95814
