On December 9 and 10, the Developmental and Reproductive Toxicants and Carcinogen Identification Committees met, respectively, to consider whether to add methyl tertiary butyl ether (MTBE) to the Prop 65 list. Both committees voted to reject the proposed listing. A December 18 notice has extended the comment period on the 12/4 notice of intent to list until January 19, 199.

OEHHA to Consider More Chemicals

On November 20, December 4, and December 24, OEHHA issued notices of additional chemicals being considered for listing under the authoritative bodies mechanisms.

The November 20 notice identified the following chemicals, for which comments are due by January 19, 1999.

The December 4 notice identified the following chemicals, comments on which are due by February 2, 1999:

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

B. 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:

C. Chemicals which may meet the criteria set forth in 22 CCR Section 12902 for listing as known to cause reproductive toxicity via the "formally required to be labeled or identified" mechanism:

The December 24 notice identified the following 2 chemicals, comments on which are due by February 22, 1999:

Safe Use Determination Request Filed for Crystalline Silica

On November 27, 1998, OEHHA issued a notice that it had received a request from the Sorptive Minerals Institute (Washington, DC) that OEHHA grant a safe use determination for packaged sorptive mineral-based pet litter containing crystalline silica. The first phase of OEHHA's determination will be addressed to the potential for exposure to airborne particles of crystalline silica of respirable size that may result from the use of pet litter commercially produced from clay-containing mineral deposits as in packaged sorptive mineral-based pet litter. If warranted, a second phase will concentrate on the relative carcinogenicity of the form of crystalline silica found in such products.

A public meeting is scheduled for January 6, 1999.

Prop 65 List Updated

The Prop 65 list [text] [pdf] has been updated as of November 6, 1998. The following chemicals were listed under the authoritative bodies mechanism.

Carcinogens

 Developmental and Reproductive Toxicants

OEHHA Reconsidering Status of Benzo(a) pyrene, Technical grade DDT and Zearalenone.

These chemicals were up for consideration with others listed on May 15, 1998, but were deferred by OEHHA. On November 6, OEHHA issed a notice of this reconsideration. OEHHA has reconsidered the proposed listing of technical grade DDT in light of the recent additions of its two major isomers, o,p-DDT and p,p-DDT, to the Proposition 65 list. OEHHA has also re-evaluated zearalenone and benzo(a)pyrene within the context of the regulatory criteria specified in 22 CCR, Section 12306(i).These chemicals have been determined not to be subject to the requirement for mandatory referral to the state's qualified experts for consideration. OEHHA will instead return them to their previous positions within the prioritization scheme prior to their consideration for possible administrative listing.

CIC and DART Committee Meetings Announced [MTBE considered for listing]

OEHHA has announced meetings of the Carcignogen Identificationa and Developmental and Reproductive Toxicity. The notice for the 12/10 CIC meeting states that the CIC will consider listing methyl tertiary butyl ether (MTBE), 2-aminofluorene, and 4-amino-2-nitrophenol, and will consider delisting Allyl Chloride, 1,1-Dichloroethane, and p-Toluidine. Documents regarding the three chemicals up for delisting can be downloaded. The draft hazard identification documents for MTBE and for 2-aminofluorene and 4-amino-2-nitrophenol can be obtained as well.

According to the notice, the only specific chemical up for DART Committee meeting on 12/9 is MTBE. Both the CIC and DART will be discussing administrative listing mechansims, including NRDC's request that additional organizations be deemed "authoritative."

Transparencies have been made available from the July 27 DART meeting and the September 25 CIC meeting. Also available is the agenda from the 9/256 CIC meeting.

More Chemicals Considered Under Authoritative Bodies Mechanism

OEHHA has sent two new notices announcing consideration of additional chemicals for listing under the authoritative bodies mechanism. The October 9 notice identifies the following chemicals as being considered for listing as reproductive toxins:

Documentation on the above chemicals is available.

The October 30 notice identifies a number of potential reproductive toxins which are listed on the EPA's Toxic Release Inventory List:

Download the documentation regarding the evaluation of these chemicals for possible administrative listing [pdf only].

OEHHA Decision on Mercury Challenged in Court

On July 16, Kerr Corporation filed a lawsuit challenging OEHHA's decision rejecting Kerr's petition to remove mercury and mercury compounds from the Prop 65 list. The suit, Kerr Corp. v. Denton, was filed in Sacramento Superior Court. Kerr, a manufacturer of dental amalgam which emits elemental mercury vapor, argued that OEHHA improperly relied upon an EPA analysis of mercury compounds under the authoritative bodies mechanism.

Authoritative Bodies News

OEHHA Chief Counsel Rejects "Dueling Authoritative Bodies."

On July 20, 1998, new OEHHA Chief Counsel Colleen Murphy issued an opinion letter which offered the legal opinion that an authoritiative bodies listing is justified where two or more authoritative bodies have reached differing conclusions on whether a chemical is a carcinogen or reproductive toxin. Murphy concluded that "any one" authoritative body is sufficient to support a listing under Prop 65, but the fact that other authoritative bodies may have reached different conclusions may be a basis for OEHHA to conclude that the criteria for listing are not met.

DART Limits Authoritative Bodies

Following the recent workshop on the authoritative bodies mechanism, the Development and Reproductive Toxin (DART) Committee voted to reaffirm EPA's status as authoritative with respect to reproductive toxins, over strong objections. The DART Committee did de-designate the National Toxicology Program (NTP) as authoritative for that purpose, and limited the International Agency for Research on Cancer (IARC) to transplacental carcinogens only.

CIC to Consider Authoritative Bodies

The Carcinogen Identification Committee (CIC) has issued a notice for a September 25 meeting at which it will consider the same issues considered by the DART Committe with respect to the authoritative bodies listing mechanism.

Chemicals Under Consideration

Notice of Intent to List

Because of the pending DART Committee Deliberations, OEHHA had issued a notice on July 13 suspending further consideration of 15 chemicals listed in an April 10 notice. On September 4, OEHHA issued a notice of intent to list seven of the chemicals, stating that the other eight remained under consideration. The chemicals are

New Chemicals Under Consideration for Authoritative Bodies Listing

On September 4, OEHHA issued a notice that it was considering twelve additional chemicals for listing under the authoritative bodies mechanism based on FDA labeling requirements. The chemicals are:

Chemicals which may meet the criteria (22 CCR Section 12902) for listing as known to cause cancer:

Chemicals which may meet the criteria (22 CCR Section 12902) for listing as known to cause reproductive toxicity:

OEHHA Holds A Workshop on the Authoritative Bodies Listing Mechanism

On June 11, 1998, in the face of controversy and litigation over the "automatic" listing of chemicals by the Prop 65 "Authoritatve Bodies" mechanism, OEHHA held a workshop to discuss current issues. You can download the agenda for the meeting, as well as the speakers' transparencies. [html/pdf]

OEHHA Announces Availability of Final Data Summaries and Priorities for Potential Carcinogens

On June 12, OEHHA announced the availability of final data summaries and prioritization of a number of chemicals proposed for consideration as carcinogens. The final candidate list is included in the next entry regarging the CIC's request for public comment. The final prioritization results were as follows:

Carcinogen Identification Committee Requests Public Comment on 11 chemicals

On June 12, the CIC issued a notice requesting information on 11 chemicals to be considered by the Committee. The chemicals are:

OEHHA Adds 15 Chemicals to the List

On May 15, 1998, OEHHA updated the Prop 65 list by adding 12 carcinogens and 15 reproductive toxins. These chemicals were included in the notice of intent to list published on December 5, 1997. Benzo(a)pyrene, technical grade DDT and zearalenone were also included in the December 1997 notice but it was subsequently determined that the administrative listing criteria were not met for these chemicals. Consequently, benzo(a)pyrene, technical grade DDT and zearalenone will be referred to the Developmental and Reproductive Toxicant (DART) Identification Committee for their consideration for listing. On May 29, OEHHA issued a notice requesting information on these chemicals [cut-off July 28]. Metham sodium has been added to the May 15, 1998 chemical list on the basis of its reproductive toxicity. Information supporting inclusion of an additional endpoint (cancer) for metham sodium is currently under review.

The chemicals added are as follows:

Carcinogens

Developmental and Reproductive Toxicants

OEHHA Rejects Petition to Delist Mercury

On April 17, OEHHA rejected a petition to remove mercury and mercury compounds from the Prop 65 list. The notice did not specify any reasons for the decision, merely stating that "After careful consideration of all relevant information submitted to and obtained by OEHHA, the petition is denied.

OEHHA to Consider Additional Chemicals for Administrative Listing

On April 10, 1998, OEHHA announced a notice of chemicals under consideration for possible listing via administrative mechanisms and request for relevant information.

Developmental Toxins

OEHHA Announces Results of Second Round of Random Selection of Candidate Chemicals for Prioritization

An April 3 notice provided the results of the Second Round Pilot Random Selection of the Chemicals Eligible for Prioritization for Consideration of Carcinogenicity Evaluation. The chemicals will now evaluated and given priorities for consideration by the Cancer Identification Committee.