Notice of Change in the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Nitrous Oxide and Dichloroacetic Acid

Nitrous oxide

Effective November 8, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) changes the basis for the listing of nitrous oxide as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986¹.  The original listing date for nitrous oxide of August 1, 2008 remains the same.

Nitrous oxide was originally added to the Proposition 65 list as causing reproductive toxicity pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a).  Based on changes to certain federal regulations that affect the basis for the original listing, OEHHA has accordingly changed the basis for listing nitrous oxide.  OEHHA determined that nitrous oxide met the criteria for listing via the “authoritative bodies” listing mechanism² and is changing the basis for listing the chemical based on the identification of female reproductive and developmental endpoints by the National Institute for Occupational Safety and Health (NIOSH).

The basis for listing nitrous oxide was described in a public notice published in the September 20, 2013, issue of the California Regulatory Notice Register (Register 2013, No. 38-Z.)  The title of the notice was “Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Nitrous Oxide.”  The publication of the notice initiated a public comment period that closed on October 21, 2013.  No public comments were received.

A complete, updated Proposition 65 list is published elsewhere in this issue of the California Regulatory Notice Register and is available on the OEHHA website.

Dichloroacetic acid

Effective November 8, 2013, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) changes the basis for the listing of dichloroacetic acid as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986¹.  The original listing date for dichloroacetic acid of August 7, 2009 remains the same.

Dichloroacetic acid was originally added to the Proposition 65 list as causing reproductive toxicity pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a).  Based on changes to certain federal regulations that affect the basis for the original listing, OEHHA has accordingly changed the basis for listing dichloroacetic acid.  OEHHA determined that dichloroacetic acid met the criteria for listing via the “authoritative bodies” listing mechanism² and is changing the basis for listing the chemical based on the identification of male reproductive and developmental endpoints by the U.S. Environmental Protection Agency (U.S. EPA).

The basis for listing dichloroacetic acid was described in a public notice published in the September 20, 2013, issue of the California Regulatory Notice Register (Register 2013, No. 38-Z.)  The title of the notice was “Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Dichloroacetic Acid.”  The publication of the notice initiated a public comment period that closed on October 21, 2013.  No public comments were received.

A complete, updated Proposition 65 list is published elsewhere in this issue of the California Regulatory Notice Register and is available on the OEHHA website.

Chemical Reference

• Dichloroacetic Acid
• Nitrous Oxide

Related Notices

• Notice of Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Dichloroacetic Acid

  Sep 20, 2013
• Intent to Change the Basis for Listing as Known to the State of California to Cause Reproductive Toxicity: Nitrous Oxide

  Sep 20, 2013

Footnotes and References

¹ Commonly known as Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986 is codified in Health and Safety Code section 25249.5 et seq.

² See Health and Safety Code section 25249.8(b) and Title 27, California Code of Regulations, section 25306. All further references are to sections of Title 27 of the California Code of Regulations, unless indicated otherwise.

³ Listing mechanism: AB – ‘authoritative bodies’ mechanism (Title 27, Cal. Code Regs. Section 25306)