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The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) provides two mechanisms for administratively listing chemicals which are known to the State to cause reproductive toxicity or cancer (Health and Safety Code Section 25249.8(b)). One such mechanism involves the listing of chemicals that a body, considered to be authoritative by the state's qualified experts, formally identifies as causing cancer or reproductive toxicity. As the lead agency for the implementation of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency reviews candidates for listing pursuant to this administrative mechanism as provided in Health and Safety Code Section 25249.8(b) and Title 22, California Code of Regulations, Section 12306 (22 CCR Section 12306).

The U.S. Environmental Protection Agency (U.S. EPA), an authoritative body for purposes of Proposition 65 (22 CCR Section 12306(l)), identifies chemicals as causing developmental or reproductive toxicity in implementing its Toxic Release Inventory (TRI) program (i.e., Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)). On this basis the U.S. EPA, in 1994, added a number of chemicals to the TRI list and published its inclusions to the list in the Federal Register (59:1788-1859, 1994 and 59:61432-61485, 1994). OEHHA has reviewed the bases for these TRI chemical additions in the context of the regulatory criteria governing Proposition 65 listing via the authoritative bodies mechanism (22 CCR Section 12306).

OEHHA determined for several TRI chemicals that the 22 CCR Section 12306 regulatory criteria were met and has placed these chemicals on the Proposition 65 list of chemicals known to cause reproductive toxicity. A number of the TRI chemicals were found not to meet the 22 CCR Section 12306 criteria and have been removed from listing consideration at this time. As described below, OEHHA has determined that these same regulatory criteria have not been met for diuron. Diuron was added by U.S. EPA in 1994 to the TRI list on the basis of developmental toxicity.

In accordance with 22 CCR Section 12306(i), the chemical will be referred to the Developmental and Reproductive Toxicant (DART) Identification Committee of the OEHHA Science Advisory Board because the determination was made subsequent to the issuance of a notice of intent to list (CRNR, May 21, 1999, Register 99, No. 21-Z). Therefore, at a future meeting, the DART Identification Committee will opine whether "the chemical has been clearly shown through scientifically valid testing according to generally accepted principles" to cause reproductive toxicity.

TRI chemical not meeting the scientific criteria (22 CCR Section 12306(g)) for authoritative bodies listing as causing reproductive toxicity under Proposition 65.

A document providing more detail on the basis for this determination can be obtained from OEHHA's Proposition 65 Implementation Office at the address and telephone number indicated below, or from the OEHHA Home Page at: http://www.oehha.ca.gov/ . Questions regarding this notice should be directed to:

Ms. Cynthia Oshita
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

Follow this link to download a copy of this notice.

Follow this link to download the document providing the basis of determination

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For questions regarding Proposition 65, please contact the Cynthia Oshita in the Proposition 65 Implementation Program

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