Procedure for Prioritizing Candidate Chemicals for Consideration Under Proposition 65 by the "State's Qualified Experts" (SUPERSEDED)

The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA), as lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65), has developed a procedure for prioritizing candidate chemicals for consideration under Proposition 65 by the State's qualified experts. Two committees of the Science Advisory Board (SAB), known as the Carcinogen Identification Committee and the Developmental and Reproductive Toxicant (DART) Identification Committee, serve as the State's qualified experts for rendering an opinion as to whether a chemical is known to the State to cause cancer or developmental and reproductive toxic effects.

The prioritization procedure describes how OEHHA will identify, prioritize, and select candidate chemicals for evaluation by the SAB Identification Committees. The procedure is designed to ensure that the efforts of OEHHA's Science Advisory Board are focused on chemicals which pose the greatest hazard concern to Californians, and that these chemicals are selected in an open, objective and predictable manner. Prioritization also ensures that chemicals posing the highest level of carcinogenic, reproductive or developmental hazard concern are addressed first.

In a public notice published in the California Regulatory Notice Register on October 4, 1996, OEHHA requested comment on the refined prioritization procedure. The notice initiated a 60-day comment period which ended on December 4, 1996. During the comment period, OEHHA held a public workshop on November 15, 1996 to discuss and receive comments on the refined prioritization procedure. Because the request for comments was not part of a formal regulatory action, responses to each comment received are not required and were not provided. OEHHA has, however, summarized the comments and responded to the comments collectively by topic area. OEHHA gave careful consideration to each comment in determining its final actions relating to the prioritization procedure.

OEHHA has finalized the prioritization procedure, entitled Procedure for Prioritizing Candidate Chemicals for Consideration Under Proposition 65 by the "State's Qualified Experts". The prioritization procedure, as well as a summary of the comments received, are available below or from the Proposition 65 Implementation Office.