OEHHA Identifies 39 New Chemicals for Evaluation Under Proposition 65

The Office of Environmental Health Hazard Assessment (OEHHA), the agency responsible for maintaining the list of chemicals subject to California’s Proposition 65, recently announced that 39 additional chemicals are being evaluated by the State’s Carcinogen Identification Committee (CIC). There are already more than 850 chemicals listed as chemicals known to cause cancer, or birth defects, or other reproductive harm that are subject to Proposition 65, California’s “Safe Drinking Water and Toxic Enforcement Act of 1986.” The 39 chemicals noted in OEHHA’s recent announcement are not currently listed as carcinogens on the Proposition 65 list of chemicals. The CIC’s evaluation of these chemicals is one of the preliminary steps in the listing process. The meeting to consider these chemicals is scheduled for October 12 and 13 in Sacramento.

OEHHA’s announcement stated that it is accepting public comments on these 39 chemicals to be discussed at the October meeting. The CIC will evaluate the chemicals and provide advice to OEHHA on the prioritization of these chemicals for possible preparation of hazard identification materials. Although it is unlikely that all 39 chemicals will ultimately be added to the state’s list of chemicals known to cause cancer, this is a critical step in the listing process. Accordingly, any companies or parties interested in the potential listing of these chemicals should consider submitting comments to OEHHA.

After receiving advice from the CIC, OEHHA will select chemicals and prepare hazard identification materials for the selected chemicals.

The list of 39 chemicals includes some well known and widely-used chemicals, such as Acetaminophen, Bisphenol A (BPA), and Butyl Benzyl Phthalate (BBP).¹ The complete list is set forth below.

No listing decisions will be made at the October 2011 meeting, however, interested parties that would like to provide comments and supporting documentation regarding scientific evidence related to any of these chemicals must do so by September 20, 2011.

¹BBP is already listed as a chemical known to cause reproductive toxicity, but has not yet been listed as a chemical known to cause cancer.