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Proposition 65 Regulatory Update Project - Proposed Amendments to Title 27, California Code of Regulations Sections 25801, 25803, and 25805 - No Observable Effect Levels

Request for Public Participation Notice of Public Workshop

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 65 (The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., hereafter referred to as Proposition 65 or the Act).  The Act requires that businesses provide “clear and reasonable” warnings for exposures to listed chemicals prior to exposure, and prohibits discharge of listed chemicals to sources of drinking water (Health and Safety Code section 25249.6). 

The Act provides exceptions to these requirements in certain circumstances.  For chemicals known to cause reproductive toxicity (i.e. birth defects or other reproductive harm), the Act provides an exemption to the warning and discharge provisions if an exposure one thousand (1,000) times higher than the level that is actually occurring would still not cause any observable effect. 
 
OEHHA is proposing amendments to Sections 25801, 25803, and 25805 of the California Code of Regulations, Title 27.  These sections, which fall within  Article 8 of the Proposition 65 implementing regulations, set out the procedures and criteria for determining an exposure level where there would be no observable effect.

On April 14, 2010 from 10 a.m. to Noon in the Sierra Hearing Room at the California Environmental Protection Agency Headquarters Building located at 1001 I Street, Sacramento, California, OEHHA will hold an informal public workshop for the purpose of discussing these possible regulatory amendments.

Interested parties are encouraged to attend the workshop and participate in the discussion.  They may also submit their ideas in writing by 5:00 p.m. on April 28, 2010 to the address noted below. 

Please note that any formal regulatory proposal that is eventually proposed by OEHHA may differ from this pre-regulatory proposal. Should OEHHA proceed to propose amendments to this regulation, additional opportunities for public comment will be provided.   All submissions should be directed to:

Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street
Sacramento, CA 95812
Or via e-mail to fkammerer@oehha.ca.gov

If you have special accommodations or language needs, please contact Monet Vela at (916) 323-2517 or mvela@oehha.ca.gov.

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