Request for Information, Chemicals Under Consideration for Possible Listing Via The Authoritative Bodies Mechanisms

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 or the Act) requires the Governor to publish, and update at least annually, a list of chemicals known to the State to cause cancer or reproductive toxicity. The Act provides two mechanisms for administratively listing chemicals as known to the State to cause cancer or reproductive toxicity [Health and Safety Code Section 25249.8(b)]. One mechanism by which a chemical is listed is if a state or federal agency has formally required that the chemical be labeled or identified as causing cancer or reproductive toxicity. The criteria for listing chemicals through this mechanism are set forth in Title 22, California Code of Regulations (22 CCR) Section 12902. The second mechanism for administrative listing, and the subject of today’s notice, is if a body considered to be authoritative by the state’s qualified experts has formally identified it as causing cancer or reproductive toxicity. The United States Environmental Protection Agency (US EPA) has been identified as an authoritative body for purpose of the Act.

As the lead agency for the implementation of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is investigating the possible listing of the chemicals identified below, based upon information in the references cited. All of the chemicals listed below are proposed for administrative listing based upon the US EPA having identified them as causing developmental and reproductive toxicity. Documentation summarizing the rationale for considering the evaluation of these chemicals for possible administrative listing is available from OEHHA’s Proposition 65 Implementation Office at the address and telephone number indicated below, or from the Internet in the download section below.

OEHHA is committed to public participation and external scientific peer review in its implementation of Proposition 65, and welcomes public input on this listing process. As part of its efforts to ensure that regulatory decisions are based upon a thorough consideration of all relevant information, OEHHA is soliciting information which may be relevant to the evaluation of these chemicals in the context of the Proposition 65 authoritative body listing criteria (22 CCR Section 12306).

A public forum will be held on November 20th, 1998, to provide an opportunity for interested parties to present oral comments and to discuss the scientific data and other information relevant to a determination as to whether these chemicals meet the criteria for listing set forth in 22 CCR Section 12306. The public forum will be conducted at 10:00 a.m. in the Auditorium at 714 P St., Sacramento, California, and will last until all business has been conducted or until 5:00 p.m.

Written comments provided in triplicate, along with supporting information, may also be submitted to:

the Proposition 65 Office
Office of Environmental Health Hazard Assessment
1001 I Street,
Sacramento, CA 95814

FAX: (916) 327-1097
Telephone: (916) 445-6900

In order to be considered, comments must be postmarked (if sent by mail) or received at OEHHA (if hand-delivered or sent by fax) by December 8, 1998.

Following the review of all comments received, OEHHA will announce its intention to proceed with the listing of those candidate chemicals that meet the regulatory criteria for administrative listing in a Notice of Intent to List Chemicals.

Chemicals which may meet the criteria set forth in 22 CCR Section 12306 for listing as known to cause reproductive toxicity via the "authoritative bodies" mechanism:

Chemical CAS No. Reproductive Endpoint Referencea
Avermectin B1 (abermectin) 71751-41-2
65195-55-3
65195-56-3
Developmental US EPA (1994a,b, 1996)
delta-8,9-isomer of Avermectin B1 --- Developmental US EPA (1996)
Nitrapyrin 1929-82-4 Developmental US EPA (1994a,b)
Thiabendazole 148-79-9 Developmental US EPA (1994a,b)
Triadimefon 43121-43-4

Developmental
Male reproductive
Female reproductive

US EPA (1994a,b)
Triphenyltin hydroxide 76-87-9 Developmental US EPA (1994a,b)

a Formal identification by US EPA of chemicals causing reproductive toxicity is provided in US EPA (1994b) below, while additional information on the basis for such identification is provided in US EPA (1994a).

Footnotes and References

References
US Environmental Protection Agency (US EPA, 1994a). Proposed Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register (59 FR 1788).

US Environmental Protection Agency (US EPA, 1994b). Final Rule: Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right to Know. Federal Register (59 FR 61432).

US Environmental Protection Agency (US EPA, 1996). Pesticide Tolerance; Avermectin B1 and Its Delta-8,9-Isomer. Final Rule. Federal Register Vol. 61, No. 47, pages 9350-9352.