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Notice of Intent to List: Dibromoacetic acid

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., provides two primary mechanisms for administratively listing chemicals that are known to the State to cause cancer or reproductive toxicity (Health and Safety Code section 25249.8(b)).  A chemical may be listed under Proposition 65 when a body considered to be authoritative by the state’s qualified experts has formally identified the chemical as causing cancer or reproductive toxicity.  The following entities are identified as authoritative bodies for purposes of Proposition 65, as it pertains to chemicals known to cause cancer:  the U.S. Environmental Protection Agency, the International Agency for Research on Cancer, the U.S. Food and Drug Administration, the National Institute for Occupational Safety and Health, and the National Toxicology Program.  The criteria for listing chemicals through the authoritative bodies mechanism are set forth in Title 22, California Code of Regulations, section 12306. 

As the lead agency for the implementation of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) within the California Environmental Protection Agency intends to list the chemical identified in the table below as known to the State to cause cancer, pursuant to this administrative mechanism as provided in Health and Safety Code section 25249.8(b) and Title 22, Cal. Code of Regs., section 12306. 

Relevant information related to the possible listing of dibromoacetic acid was requested in a notice published in the California Regulatory Notice Register on January 25, 2008 (Register 2008, No. 4-Z). No public comments were received.  OEHHA has determined that dibromoacetic acid meets the criteria for listing under Title 22, Cal. Code of Regs., section 12306, and therefore OEHHA is issuing this notice of intent to list dibromoacetic acid under Proposition 65.  A document providing more detail on the basis for the listing of dibromoacetic acid can be obtained from OEHHA’s Proposition 65 Implementation Office at the address and telephone number indicated below, or from the OEHHA Web site.  Anyone wishing to provide comments as to whether the listing of dibromoacetic acid meets the criteria for listing provided in Title 22, Cal. Code of Regs., section 12306 should send written comments in triplicate, along with any supporting documentation, by mail or by fax to:

Office of Environmental Health Hazard Assessment 
Street Address:  1001 I Street 
Sacramento, California  95814 
Mailing Address:  P.O. Box 4010

Sacramento, California  95812-4010 
Fax No.:  (916) 323-8803
Telephone:  (916) 445-6900 

Comments may also be delivered in person or by courier to the above address.  It is requested, but not required, that written comments and supporting documentation be transmitted via email addressed to:  sam.delson@oehha.ca.gov.  In order to be considered, comments must be received at OEHHA by 5:00 p.m. on Monday, May 19, 2008. 

The following chemical has been determined by OEHHA to meet the criteria set forth in Title 22, Cal. Code of Regs., section 12306 for listing as causing cancer under the authoritative bodies mechanism:

Chemical CAS No. Reference
Dibromoacetic acid 631-64-1 NTP (2007)

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Footnotes and References

National Toxicology Program (NTP, 2007).  Toxicology and Carcinogenesis Studies of Dibromoacetic Acid (CAS No. 631-64-1) in F344/N Rats and B6C3F1 Mice (Drinking Water Studies).  NTP Technical Report Series No. 537. NIH Publication No. 07-4475.  U.S. Department of Health and Human Services, NTP, Research Triangle Park, NC.