Acceptance of a Request for a Safe Use Determination for Exposures to Crystalline Silica in WOODWISE® Products, and Opportunity for Public Comment

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 (commonly known as Proposition 65, codified at Health and Safety Code section 25249.5 et seq.).  OEHHA has received a request for a Safe Use Determination (SUD) for exposures to crystalline silica in four WOODWISE^® wood filler products: Full-Trowel Filler, Wood Patch, Pre-Finish Filler, and No Shrink Patch-Quick.  Specifically, this request is for a determination that exposures to crystalline silica (airborne particles of respirable size) from these wood filler products do not present a significant risk of cancer under Proposition 65, and therefore do not require a warning.  The request was made by Design Hardwood Products, Inc. pursuant to Title 27 of the California Code of Regulations, section 25204 et seq.^[1]

This SUD request is limited to exposures to crystalline silica (airborne particles of respirable size) from the four specified WOODWISE^® wood filler products: Full-Trowel Filler, Wood Patch, Pre-Finish Filler, and No Shrink Patch-Quick.  Exposure to other listed substances, if any, which may occur through these products will not be reviewed by OEHHA in the context of this request.

In accordance with the process set forth in Section 25204(f), interested persons may comment on the request in writing within a 30-day public comment period.  In order for public comments to be considered during this process, OEHHA must receive written comments by 5:00 p.m. on Monday, April 8, 2019.  We encourage you to submit comments in electronic form, rather than in paper form.  Comments may be submitted electronically through our website at https://oehha.ca.gov/comments.  Comments submitted in paper form may be mailed, faxed, or delivered in person to the address below.

Mailing Address:   Julian Leichty
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-12B
Sacramento, California 95812-4010

Fax:   (916) 323-2265

Street Address:   1001 I Street
Sacramento, California 95814

Comments received during the public comment period will be posted on the OEHHA website after the close of the comment period.  By sending us your comments you are waiving any right to privacy you may have in the information you provide.  Individual commenters should advise OEHHA when submitting documents to request redaction of home address or personal telephone numbers.  Electronic files submitted should not have any form of encryption.

A public hearing on this request for a SUD will be scheduled upon request.  To request a hearing, send an e-mail to Julian Leichty at Julian.Leichty@oehha.ca.gov (preferred) or to the address listed below by no later than March 25, 2019.  If requested, the hearing will be held on a date not less than 30 days after the notice is published.  OEHHA will mail a notice of the hearing to the requester and the notice will also be posted on the OEHHA website at least ten days before the public hearing.  The notice will provide the date, time, and location of the hearing. 

If you have any questions, please contact Mr. Leichty at Julian.Leichty@oehha.ca.gov or (916) 323-2395.