Document dD2eM70d3xaZ080mpgmzgyG8Q

I NOV.02 '87 12:31 OCCIDENTAL INTERNATIONAL CORP. P.02 8AFB DRINKING RATER AND TOXIC ENFORCEMENT ACT OP 1986 SECTION 1. The people of CUforni find that hssardeus chemicals pose serious potential thrsst to their health and well-being, that UU government agencies hava failad to provide tham with adequate protactloni and that thaaa failure* hava baan aarioua enough to laid to investigation! by fadaral agencies of tha administration of California'a loxic protaction programs* Tha paopla tharafora daclara lhair righto; (a) To pralaet thsnsalvaa and tha watar they drink againat ehaiaicala that cauaa eanear* birth dafaotaf or othar raproduetiva harm. <b) To ba informed about axpoauraa to chamleala that cauaa cancer, birth defects, or othar raproduetiva harm. (c) To aacura strict anforoamant of tha lawa controlling hacardoua ehamicala and datar actions that thraatan public health and safety. (d) To shift tha cost of hasardoua waata cleanups mors onto offenders and last onto law-abiding taxpayers. The paopla hereby enact tha provisions of this initiative in furtherance of these rights* SECTION 2* Ohapter 6*6 (commencing with Section 26249*6) is addad to Division 20 of the Health and Safety Coda, to read: CHAPTER 6.6. SAPS DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1966 26249.6. Prohibition On Contaminating DHnkinr Water With Chemicals Known to Cauaa Canosr or Reproductive Toxicity. No parson in tha oourse of doing businoaa shall knowingly discharge or release a chemical known to tha state to eause cancer or raproduetiva toxicity into water or onto or into land wh re such chemical paaaaa or probably will paes into any source of drinking w tar, notwithstanding any othar provision or authorisation of law except as provided In Section 26249.9* 26249.6. Required Warning Before Exnoaura To Chemicals Known to Cauaa Cancer Or Reproductive Toxicity. No person in tha course of doing business shall knowingly and intentionally expoea any individual to a chemical known to tha state to cause cancer or reproductive toxicity without first giving clear and -1- OCC 3460 (T) NOV.02 '87 12:32 OCCIDENTAL INTERNATIONAL CORP. P.03 rnaOMbl* warning to such individual! exeept aa providad in 3s lion 25249.10. 25249.7. Enforcement. (a) Any person violating or threatening to violata Saction 25249.5 or Section 25249.6 hay ba anjoinad In any court of eompatant juriadiotion. (b) Any paraon who haa violated Saction 25249.5 or Saotion 25249.6 ahall bo liable for a civil penalty not to exceed $2500 par day for each euch violation in addition to any other penalty eatabliahod by law. Such civil penalty mey ba aeaeeeed and recovered In a civil action brought in any court of competent juriadiotion. (o) Actiona purauant to thia aoction stay ba brought by the Attorney General in the name of the people of the State of California or by any district attorney or by any city attorney of a city having a population in exceea of 780,000 or with the oonaant of the district attorney by a city prosecutor in any city or city and county having a full-time city prosecutor! or as providad in subdivision (d). (d) Actiona pursuant to thia section may be brought by any paraon in the public interest if (1) the action is commenced more than sixty days w /-v after the person has given notice of the violation which ia the subject f the v ^ r\ action to the Attorney General and the diatriet attorney and any city attorney in whoee jurisdiction the violation ia alleged to occur and to the elleg d violator! and (2) neither the Attorney General nor any diatriet aLtornay nor any city attorney or prosecutor haa commanead and ia diligently prosecuting en action against such violation. V* 25249.8 List Of Chemicals Known to Causa Cancer Or Reproductive Toxicity. (a) On or before March 1. 1887, the Governor shell cause to be published a list of those chemicals known to the state to cause cancer or reproduetlv toxicity within the meaning of thia chapter, and he shall cause euch Hat to ba revised end republished in light of additional knowledge et least once per year thereafter. Such Hat ahall include at a minimum those substances identified by reference in Labor Oode Section 6282(b)(1) end those substances identified additionally by reference in Labor Coda Section 6382(d). (b) A chemical is known to the state to cause cancer or reproductive toxicity within the meaning of this chapter if in Ihe opinion of the state's qualified experts it has been dearly shown through scientifically valid tasting according to generally accepted principles to cause cancer or reproductive toxicity, or if a body considered to be authoritative by such experts has formally identified it as causing cancer or reproductive toxicity, or if an agency of the elate or federal government has formally required it to be labeled or identified ee causing cancer or reproductive toxicity. -2- OCC 3461 ** NOV.02 '87 12:33 OCCIDENTAL INTERNATIONAL CORP. P.04 (c) On or before January 1. 1989, and at laaat one* par year thereafter, tha Govrnor shall eauaa to ba publiahad a aaparala Uat of thoaa ch micaJs that at th time f publication ar required by atata r fadaral law to hava baan taatad for potantlal to oauao cancer or raprodu tiv toxicity but that the state's qualified axparta hava not found to hava baan adequately taatad aa required. (d) Tha Governor ahall identify and conault with tha atata'a qualified axparta aa neoaeaary to carry out hia dutiaa under thia aeellon. (a) In carrying out tha dutiaa of tha Governor under thia aaction, tha Governor and hia designates ahaU not ba eonaidarad to be adopting1 or amending a regulation within tha meaning of tha Administrative Procedure Act aa defined in Government Coda Section 11370. 25249.9 Exemptions from Discharge Prohibition. (a) Section 25249.5 ahaU not apply to any diecharge or ralaaae that takaa place leaa than twenty montha aubaequent to tha liating of tha chemical In quaation on tha Uat required to ba publiahad under aubdiviaion (a) of Section 25249.8. (b) Section 25246.5 ahall not apply to any discharge or ralaaae that meats both of tha following criteria: (1) Tha discharge or ralaaae will not cause any aignifloant am unt f. the > diacharged cr ralaaaed chemical to enter any source of drinking water. > (2) Tha discharge or release is in conformity with all other laws and with every applicable regulation, permit, requirement, and order* In any action brought to enforce Section 25249,5, the burden of ah wing that a discharge cr release meets tha criteria of thia subdivision ahall ba on tha dafandent. 25249.10 Sxanmttona from Warning Requirement. Saction 25249.6 ahall net apply to any of tha following; (a) An axposure for whleh fadaral law govarna warning in a mannar that praempta atata authority. (b) An axpoaura that takaa place lass than twalve montha aubaaquant to the listing of the chemical in quaation on the Uat required to be published under subdivision (a) of Seotion 25249.8. (c) An exposure for which the person responsible can show that th axpoaura poses no significant risk assuming lifetime exposure el the level in -3- QOCC 3462 NOV.02 '87 12:34 OCCIDENTAL INTERNATIONAL CORP. P.05 question f r substances known to tho auto to cauaa can ar. and that lha exposure will hava n obaarvabl# ffaet assuming axpoaur at na thouaand (1000) tim a the lav 1 In questl n for aubatanc a known to th atata to cauaa reproductive toxictty, baaad on vidanea and atandarda f conparabla aoiantlfie validity to tha avldanea and atandarda which fora tha aciantlfic baata for tha listing of auoh chamteal purauant to aubdlviaion (a) of Saoti n 28249.8. In any action brought to anforca Section 2S249.fi, tha burden of showing that an expoaure meela tha criteria of thia aubdlviaion ahall b on tho defendant. 2S249.il Dofinitlona. For purpoaee of this chapter: (a) "Parson*' naans an individual, trust, firm, Joint stock company, corporation, company, partnership, and association. (b) "Parson in tha course of doing business" does not-include any parson employing fewer than ten employees in his business; any city, county, or district or any department or agency thereof or tha state or any department or agency thereof or* the federal government or any department or ag noy th reof; or any entity in its operation of a public water system as defined in Section 4010.1. (o) "Significant amount" means any detectable amount excapt an am tint \ which would meet the exemption test in subdivision (c) of Section 28249.10 if ) an individual were exposed to such an amount in drinking water. 7 (d) "Source of drinking water" means slthar e pressnt sourca f drinking watar or water which ie identified or designated in a water quality control plan adopted by a regional board aa being suitable for domeatie or municipal usoa. K (e) "Threaten to violate" means to create e condition In whieh ther ia e substantial probability that a violation will occur. (f) "Warning" within tho meaning of Soctlon 25249.6 need not b provided separately to eeoh oxpoaed individual and may be provided by general methods auoh aa labels on consumer products, inclusion of notices in mailings to watar cuetomsrs, posting of notices, placing notices in public news madia, and tha like, provided that tha warning accomplished is dear and reasonable. In order to minimise tha burdsn on ratail aallara cf consumer products including foods, ragulationa implamanting Section 29249.6 shall to tha axtant practiced place tha obligation to provids any warning materials such as labala on th producar or packagsr rathsr than on the retail sellar, except where the ratail sailer itself la responsible for introducing s chemical known to the stats to cause cancer or reproductive toxicity into lha consumer product In quaatlon. -4- OCC 3463 fT NOV.02 '87 12:36 OCCIDENTAL INTERNATIONAL CORP. P.06 eccio-is Tmol.BAnL.tion. The Oovernor ahaU daelgnale a lead agency and aueh oth r agencies as may be required to implement tha proviai na of thia ` chapter including thia taction, Bach agency a designated nay ad pt and modify regulations, standards, and permits aa naoaaaary to conform with and implement the provisions of thia chapter and to further lta purpoaea. 25249.13 Praaervatlon Of griatina ftlahta, Obligations. and PeneHlea. Nothing in thia chapter ahaU alter or diminlah any laaa] oblifation otherwise required in common law or by aUtuta or regulation, and nothin! tn thia chapur ahaU create or enlar!e any defence in any action to enfore such l!al obll!ation. Panaltiea and aanetiena impottd under thia chaptar ahaU b in addition to any panaltiaa or aanotlona otherwiee praacribed by law. SECTION 3* Subdiviaion (d) of Section 28169.5 of tha Health and Safety Oode ia emendad to read: (d) Tha court ahaU alao impoaa upon a paraon oonvieUd of violating eubdiviaion (b) or (e) a fina of not laaa than five thouaand dollare (96,000) or more than one hundred thouaend dollara (|<9|009h 11100,000) for each day of violation aaeant aa further provided in thia subdivision. If the ftet which violeUd subdivision. fhl or (c) ceueed ersat bodily injury or ceuaad a eubeuntial probability that death oould reeull. the won convicted of violatln! aubdiviaion (b) or (o) may be punished by Imprisonment in lho_JUU nriaon for up to 36 monthe. in addition to the term apeclfiad in subdivision (ft) or (c), and may be fined up to two hundred fifty thouaand. dollara <9280.000) for eaoh day of violation. SECTION 4* Section 28X80.7 ia hereby added to the Health and 8af ty Coda ea follows; (a) Within tha meenins of this section, a "designated !Overnmant employee" ia any person defined aa a "designated employes" by Government Oode Section 82019, aa amended. (b) Any deei!naud government employee who obtains information in th course of hie official dutiea revealing the Illegal discharge or threatened iUegal discharge of a hasardoua waaU within the geographical area of hla jurisdiction and who knows that such discharge or threaUned discharge is likely to eauce substantial injury to tha public health or safety must, within ssventy-two hours, disclose such information to tha local Hoard of Supervisors and to th# local health officer. No disclosure of Information is required under this eubdiviaion when otherwise prehibiud by law, or whan law enforcement personnel have determined that aueh disclosure would adversely affect an ongoing criminal investigation, or when the information ie already general public knowledge within tha locality affected by the discharge or threatened discharge. -8- OCC 3464 NOV.02 '87 12:37 OCCIDENTAL INTERNATIONAL CORP. P.07 (c) Any designated g vernment employee wh knowingly and intentionally faJU to disclose lnforaatl n required to be disclosed under subdivision (b) . hall* upon conviction, bo puniahad by Impria nmant in th county jail for n t aora than ona yaar or by imprisonment in atata priaon for not raora than thraa yaara. The court nay alao lapoaa upon tha paraon a fina of not laaa than flva thouaand dollara (90000) or mora than twenty-five thouaand doUara ($23,000). Tha falony conviction for violation of thia aaotion ahall require forfaltura of covernmant amploymant within thirty daya of conviction. (d) Any local health officer who raeoivaa information purauaht to aubdiviaion (b) ahall taka appropriate action to notify local nawa madia and ahall make such information available to tha public without delay# SECTION 6. Section 20192 of tha Health and Safaty Code ia amended to r ad: 25192. (a) All civil and criminal panaltlaa collectad pursuant to thia chapter or Chapter 8.6 (commencing with Section 20249.0) ahall ba apportioned in tha following manner: (1) Fifty percent ahall ba deposited in tha Hassadono-Waaia Coaimol Asssuwt Haaardoya Substance Account in tha General Fund. (2) Twenty-five percent shall ba paid to tha office of the city attorney, city nroaaeutor. dietrict attorney, or Attorney General, whichever office brought tha action, or In tha caaa of an action brought by a paraon under aubdiviaion (d) of Section 20249.7 to such ooraon. (3) Twanty-fiva percent ahall ba paid to tha department and uaed to fund tha eetivity of tha local health offioara officer to enforce tha provieione of thia chapter pursuant to Section 25180. If Investigation bv the local poltea_dopartreent or sheriff's office or California Highway Patrol lad to th bringing of tha action, tha local health officer ahall nay a total of forty percent of hie portion under thia aubdiviaion to aald Investigating agency or agencies to he ussd for tha asms purpose. If mora than one agency la alible for payment- under this provision, division of payment among th# aligtbls agencies ahall be in tha discretion of the local health officer. (b) If a reward ia paid to a person pursuant to Saotlon 20191.7, tha amount of the reward shall bo deducted from tha amount of tha civil penalty before tha amount la apportioned pursuant to subdivision (a). (cl Any amounts deposited in tha Hazardous Substance Account pursuant to this section shell ba includsd in tha computation of tha stats account rebats specified in -Section 25347.2. -6 - OCC 3465 NOV.02 '87 12:38 OCCIDENTAL INTERNATIONAL CORP. P.08 SECTION 6. If any provlaion of thia initiative r the application thereof la hold invalid, that invalidity ahell not affact othar proviatona r application# of tha initialiva which can ba fivan affact without tha invalid proviaion op application, and to thia and tha proviaiona of thia initiativa arc aeverable. SECTION 7. To further ita purpoaaa thia initiativa may ba amended by ataiute, paaaad in each houaa by a two-thirda vota. SECTION 8. Thia initiative ahell taka affact on January I, 1987. -7- occ 3466 10 ( 225 e*-* , /ooozmP i o.S& ^ 5 V/*4 ^ ^'ir* 8cyl^&J,, _ y*. (_ ]Q, 2-?Q t/*o&u~~t : 25"0 <U*A Xpi-S *?X?o7rr 0. /S' c^tljJhis. __ _^>C>C1 &** M j . 37^r .. -- . -j5-7$*f .y. '- - &*? '.j oyO. S O. II SCQe^ ( iiQ a*p\/8i*1 /M3 ~ .o ' '?t a***. ^ |^> - / > O __^ .A_______Mfl^Ac.L<i.rf <**< y ' - - . ` - `i. '". 7^,1 ',.' -.:>*-pi-1>" Co ........- 4.. _. C C^ 0.96 ^j>A< Cfc Co ; + o. f d ' Zr. Off If) #- / MI X. u-* Q* Cj^ c\ _ S'JS ^y? 4l3_ OCC 3467 t/o /Jig. (q_______________________________ _0^ Cjf fjo__ ------------- ------------ -*^-/t*---------- -------------------------------------- 0* %'UC 4 , ) ppw D (S v^C_ ,5.Ii_K // o -r/ ,... v*>aX_ ld a/^___ __ q _._.. *tv...;- o.v2 - l <R o 6 . V 40 e ^y . 1<w/o- 'f OCC 3468 OXT Occidental Chemical C rp rati n PVC RMln/PVC Fabricated Products T Fr m Subject G. P. LINDABERY PROPOSITION 65 COPIES: H. GIOVANNELLI D. GOODMAN R. LARUE T. J. REGUEIRO F. A. SACKS MEMO oc 0^ Date N0VEMBER 2 - 1987 This is a summary of where we are and what we know about this regulation and our position. The Proposition states that no manufacturer shall cause the citizenry of California to be exposed to a compound known to the State of California to be a carcinogen or reproductive toxin without adequate warning. It adds that if the exposure is "insignificant" (and specifies nondetectability as significance) or the risk of cancer from a detectable amount of material is "insignificant" (with no further explanation), then no warning is necessary. In a draft interpretation of the Act from the State Department of Health there is an. explicit daily intake of VCM cited for VCM: 0.03 micrograms/ day. This would translate to 0.015 micrograms per liter of water. This level is apparently based on the F&DA proposal of February 1986, and actually constitutes one in ten million rather than one in a million. It also defines detectability at 0.5 ppb. There are some ramifications for various products: Potable water: Since the detectability limit is defined to be 0.5 ppb, this is the allowable maximum. Remember that NSF limits in pipe are predicated on acceptable water concentration of 2 ppb, presumably also on the basis of detection limits. This indicates that water piping may be at risk, and standard revision from NSF may have to come . Food: Food grade PVC having less than 10 ppb in the bottle wall releases no detectable VCM to the product (per F&DA). Even if it released all of its VCM it would yield concentrations about at the detection limit. Our use of 5 ppb places us in good shape. The actual amount calculated to be released to the product (conservatively, by F&DA) is about 0.05 ppb. Once again, our lower limit would, given these assumptions, take us below the level expected to be adopted by California, regardless of detectability. OCC 3469 Cosmetics: Material packaged in general purpose compound presents a different problem. It may be worth attempting to analyze whether any monomer actually migrates. In addition to "nondetectability", however, the Act permits a risk assessment based upon the average use of a product by a consumer. If we were to use the F&DA document as an example we can calculate some possible exposures for various materials . If we assume that the level of residual monomer in the bottle is 1 ppm, (not a worst case) the bottle contains 0.25 liters and weighs 25 gm, we calculate that the material would contain about 50 ppb VCM. If about 0.005 liters of product (shampoo, baby oil., etc.) is used daily, and all the monomer is absorbed dermally (a real worst case), this constitutes a daily exposure of about 0.3 micrograms daily, which is ten times the allowed exposure. As I read this material, if a PVC package or pipe or blood bag releases no detectable VCM into its contents, then we are in compliance. The state of the art of detectability advances, however, and we can expect that the bar will be raised over time. We have a number of options open to us. First, and most obvious is to do nothing and wait for the dust to settle. Our customers and potential customers appear to be uneasy with this strategy, and the very least we need to do is aggressively educate them about the Act and compliance. Second, we can take action. It might be worthwhile to consider selling food grade material for any cosmetic to reduce the possibility of exposure from amazingly low to nondetectable. Another approach would be to adopt a lower level of VCM for general purpose which would be used for non-food human contact. If we were to adopt 100 ppb as the limit for compound, we might reasonably be able to demonstrate compliance. It is important to note, however, that this will require proof, and will not be as clean a call as "not detectable in the product". This will require analysis of materials packaged in PVC having such levels of VCM, or adaptation of the diffusion models proposed by Ethyl and BFGoodrich in the 70's. It will also require the courts or the State to buy into it. Third, we could take heroic measures. If we were to decide that we would reduce the monomer level in our compound to "nondetectable" we would add another margin of safety for compliance, and prepare ourselves for the advances in analytical chemistry. We might also be able to score some marketing points, but they would be at the expense of slightly decreased production (assumes use of suspension resin). There would also be no going back. I think this is extreme, considering people are exposed to what constitutes zero risk. It would be a placebo, nothing more. I think it would be prudent to decide on a strategy and prepare to implement it. W. F. CARROLL, JR. OCC 3470 QXY Occld ntal Ch mlcal Corporation PVC Rttlnt/PVC Fabricated Products MEMO To From Subj ct R. D. LUSS R. CALIFORNIA PROPOSITION 65 COPIES D. Goodman G. P. Lindabery H. Giovanelli F. A. Sacks A . H. Knouf t Date N0VEMBER 3- 1987 As we discussed. I have some concerns about the effect of Prop 65 on our pipe business. Currently, standards are maintained such that water contained in vinyl pipe has less than 2 ppb VCM. Proposition 65 specifies that no significant exposure to a carcinogen is permissable without adequate warning, and significant exposure is defined two ways. First, if no carcinogen is detected, no warning is necessary (No act, no foul). Second, if no significant risk of cancer results from exposure to a detectable amount of carcinogen, no warning is necessary (No harm, no foul). Unfortunately, neither detection limits nor significance tests are specified by the Act. In draft documents prepared by the California Department of Health, the State appears ready to set these limits: 0.5 ppb detectability for VCM or one in ten million lifetime risk (0.03 micrograms VCM per day). Water ingestion would be set at two liters per day, and so the "no harm, no foul" concentration would be 0.015 ppb VCM in water, well below the detection limit. A detection limit of 0.5 ppb suggests that pipe contain no more than about 1 ppm VCM, but testing would still be necessary to show nonmigration. My question is this: Could a bounty hunter expect to recover from the manufacturer of pipe already in place for failure to warn under the new Act? Some pipe in the ground today might be capable of emitting a detectable (but realistically, negligible) amount of VCM. Warning guidelines already suggested include the use of radio and newspaper ads to alert citizens to the presence of carcinogens. Additionally, would each piece of pipe and each fitting be considered a separate "violation" which draws a fine of $2500 per day? I believe we could cope with prospective pipe by further removing monomer. My concern is for systems in place. W. F. CARROLL, JR. OCC 3471 r ) HEALTH AND WELFARE AGENCY SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) NOTICE TO INTERESTED PARTIES iVED MAY a igS8 M KMQI Ifrr At its meeting on December 11, 1987, the Safe Drinking Water and Toxic Enforcement Act of 1986 Scientific Advisory Panel recommended that the State develop a priority list of approximately 50 chemicals for which risk assessments are to be reviewed and/or prepared. This recommendation was made by the Panel along with its statement identifying compliance with federal and State regulation of foods, cosmetics, drugs and medical devices as posing no significant risk, until risk assessments for the priority chemicals have been determined. On March 16, 1988, the Health and Welfare Agency requested the Department of Health Services to provide risk assessments on the following chemicals: 1. By January 1, 1989: Aflatoxins Urethane (ethyl carbamate) 2. By July 1, 1989: DBCP Diethylhexylphthalate 1,4-Dioxane Formaldehyde (gas) Lead acetate Nitrilotriacetic acid Polybrominated biphenyls (PBBs) Sodium saccharin RECEIVED MAY 6 1988 W. F. CARROLL In addition, the Agency requested review of existing risk assessments by federal (generally EPA's Carcinogen Assessment Group) or State agencies (the California Department of Health Services for the California Air Resources Board) by the following dates: 1. By July 1, 1988: Asbestos (inhalation: ARB/DHS; ingestion: EPA) Benzene (EPA CAG; ARB/DHS) Cadmium (ARB/DHS; EPA CAG) (by specific compound) Carbon tetrachloride (ARB/DHS; EPA CAG) Chromium (hexavalent compounds) (ARB/DHS; EPA CAG) 1,2-Dichloroethane (Ethylene dichloride) (ARB/DHS; EPA CAG) Ethylene dibromide (ARB/DHS; EPA CAG) Ethylene oxide (ARB/DHS; EPA CAG) Tetrachlorobenzo-para-dioxin (TCDD) (ARB/DHS; EPA CAG) 2. By October 1, 1988: Acrylonitrile (EPA CAG) Benzidine (EPA CAG) Benzo[a]pyrene (EPA CAG) OCC 3472 2. By October 1, 1988 (Cont.) 2- - Bis(chloromethyl)ether (EPA CAG) Chloroform (EPA CAG) Coke oven emissions (EPA CAG) DDT (EPA CAG) 3-3' Dichlorobenzidine (EPA CAG) Epichlorohydrin (EPA CAG) Hexachlorobenzene (EPA CAG) Hexachlorocyclohexane (technical grade) (EPA CAG) Nickel refinery dust (EPA CAG) Nickel subsulfide (EPA CAG) N-nitrosodi-n-butylamine (EPA CAG) N-nitrosodiethylamine (EPA CAG) N-nitrosodimethylamine (EPA CAG) N-nitro-diphenylamine (EPA CAG) N-nitroso-N-ethylurea (EPA CAG) N-nitroso-N-methylurea (EPA CAG) Polychlorinated biphenyls (PCBs) (EPA CAG) Toxaphene (EPA CAG) 2,4,6-Trichlorophenol (EPA CAG) Vinyl chloride (EPA CAG) 3. By January 1, 1989: Acetaldehyde (EPA CAG) Acrylonitrile (EPA CAG) Arsenic (inorganic arsenic compounds) (EPA CAG) (by specific compound) Beryllium (EPA CAG) (by specific compound) Bis(2-chloroethyl)ether (EPA CAG) 1,3-Butadiene (EPA CAG) Dichloromethane (Methylene chloride) (EPA CAG) Hexachlorobenzodioxin (EPA CAG) Tetrachloroethylene (Perchloroethylene) (EPA CAG) Trichloroethylene (EPA CAG) Based upon these assessments, levels of daily exposure for lifetime to each chemical, which is equivalent to one excess case of cancer per 100,000 people (Title 22, California Code of Regulations, Section 12703(b)), will be submitted to the Scientific Advisory Panel for review and comment, as described in 22 CCR, Section 12705(c), prior to promulgation in 12705(b) in 22 CCR. If more restrictive than levels allowed under federal or State regulation of foods, cosmetics, drugs, and medical devices, the level in 12705(b) would supersede other regulatory levels for that chemical in those products for purposes of the Act. The Agency has requested the staff of the Department of Health Services to coordinate its activities on chemicals of concern to the agricultural community with staff of the Department of Food and Agriculture. Comments on chemical-specific risk assessments should be directed to: California Department of Health Services Toxic Chemicals Assessment Section 714 P Street, Room 442 Sacramento, California 95814 OCC 3473 V\, ' T .. GEORGE DEUKMEJIAN. Governor STATE OF CALIFORNIA Health and Welfare Acency OFFICE OF THE SECRETARY 1600 NINTH STREET, ROOM 450 Sacramento, California 95814 (916) 445-6951 Dear Interested Party: Please note that you can keep informed about the Safe Drinking Water and Toxic Enforcement Act of 1986 ("Proposition 65") by subscribing to two publications. Notices of public interest, agenda of meetings, draft regulations, and updates of the list of chemicals known to the State to cause cancer or reproductive toxicity will be published in the California Regulatory Notice Register. It is published weekly and available from the Office of Administrative Law, 555 Capitol Mall, Suite 1290, Sacramento, California 95814. The annual subscription rate is $50. Please make checks payable to the State of California. Regulations pertaining to the Act as well as the list of chemicals known to the State to cause cancer or reproductive toxicity are published in Division 2 of Title 22 beginning with Section 12000 of the California Code of Regulations, and also published in Title 26, which contains other regulations on toxic substances. Prices are $10 for Title 22, Division 2 (California residents add 6% sales tax), and $30 annually for updates (no tax). Title 26 is $100 (plus tax) for the basic title and $150 annually for updates. These are available through the Department of General Services, Office of Procurement, Publications Section, P. 0. Box 1015, North Highlands, CA 95660, (916) 973-3700. These publications must be ordered from the offices indicated above. They are not available through the Health and Welfare Agency. Sincerely, STEVEN A. BOOK, Ph.D. Science Advisor to the Secretary OCC 3474 STATE OF CALIFORNIA HEALTH AND WELFARE AGENCY SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 CHEMICALS KNOWN TO THE STATE TO CAUSE CANCER OR REPRODUCTIVE TOXICITY The Safe Drinking Water and Toxic Enforcement Act of 1986 requires that the Governor revise and republish at least once per year the list of chemicals known to the State to cause cancer or reproductive toxicity. The identification number indicated in the following list is the Chemical Abstracts Service (CAS) Registry Number. No CAS number is given when several substances are presented as a single listing. The date refers to the initial appearance of the chemical on the list. CHEMICALS KNOWN TO THE STATE TO CAUSE CANCER Chemical CAS Number Date Acetaldehyde 2-Acetylaminofluorene Acrylonitrile Adriamycin AF-2;[2-(2-furyl)-3-(5-nitro-2-furyl)]acrylamide Aflatoxins ortho-Aminoazotoluene 4-Aminobiphenyl (4-aminodipheny1) 2 Amino-5-(5-nitro-2-furyl)-1,3,4-thiadiazole Amitrole ortho-Anisidine and ortho-Anisidine hydrochloride Analgesic mixtures containing phenacetin Aramite Arsenic (inorganic arsenic compounds) Asbestos Auramine Azaserine Azathioprine 75070 53963 107131 23214928 3688537 -- 97563 92671 712685 61825 90040 -- 140578 -- 1332214 492808 115026 446866 Benz[a]anthracene Benzene Benzidine [and its salts] Benzo[b]fluoranthene Benzo[j]fluoranthene Benzo[k]fluoranthene Benzo[a]pyrene Benzotrichloride Benzyl violet 4B Beryllium and beryllium compounds Bis(2-chloroethyl)ether N,N-Bis(2-chloroethyl)-2-naphthylamine (Chlornapazine) Bischloroethyl nitrosourea (BCNU) Bis(chloromethyl)ether 1,3-Butadiene 1,4-Butanediol dimethanesufonate (Myleran) beta-Butyrolactone 56553 71432 92875 205992 205823 207089 50328 98077 1694093 -- 111444 494031 154938 542881 106990 55981 3068880 April 1, 1988 July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 January 1, 1988 July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 February 27, 1987 February 27, 1987 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 February 27, 1987 February 27, 1987 July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 October 1, 1987 April 1, 1988 February 27, 1987 July 1, 1987 February 27, 1987 April 1, 1988 February 27, 1987 July 1, 1987 OCC 3475 2- - Cadmium and cadmium compounds Carbon tetrachloride ' Certain combined chemotherapy for lymphomas Chlorambucil Chlordecone (Kepone) 1-(2-Chloroethyl)-3-cyclohexyl-l-nitrosourea (CCNU) Chloroform Chloromethyl methyl ether (technical grade) 4-Chloro-ortho-phenylenediamine Chromium (hexavalent compounds) Coke oven emissions Conjugated estrogens para-Cresidlne Cupferron Cycasin Cyclophosphamide Dacarbazine Daunomycin DDT (1,1,l-Trichloro-2,2-bis(p-chlorophenyl)ethane) Degraded Carrageenan (not food grade carrageenan) 2,4-Diaminoanisole sulfate 4,4'-Diaminodiphenyl ether 2,4'Diaminotoluene Dibenz[a,h]acridine Dibenz[a,j]acridine Dibenz[a,h]anthracene 7H-Dibenzo[c,g]carbazole Dibenzo[a,e]pyrene Dibenzo[a,h]pyrene Dibenzo[a,i]pyrene Dibenzo[a,1]pyrene 1,2-Dibromo-3-chloropropane (DBCP) 3-3'-Dichlorobenzidine 3,3'-Dichloro-4,4'-diaminodiphenyl ether Dichloromethane (Methylene chloride) Diepoxybutane Di(2-ethylhexyl)phthalate 1,2-Diethylhydrazine Diethyl sulfate Diethylstilbestrol Dihydrosafrole 3-3'-Dimethoxybenzidine (ortho-Dianiasidine) 4-Dimethy1aminoazobenzene trans-2-[(Dimethylamino)methylimino]-5-[2-5-nitro-2- furyl)vinyl]-1,3,4-oxadiazole 3,3'Dimethylbenzidine (ortho-Tolidine) Dimethylcarbamoyl chloride 1,2 Dimethylhydrazine Dimethyl sulfate 1,4-Dioxane Diphenylhydrazine Direct Black 38 (technical grade) Direct Blue 6 (technical grade) -- 56235 -- 305033 143500 13010474 67663 107302 95830 -- -- -- 120718 135206 14901087 50180 4342034 20830813 50293 39156417 101804 95807 226368 224420 53703 194592 192654 189640 189559 191300 96128 91941 28434868 75092 1464535 117817 1615801 64675 56531 94586 119904 60117 55738540 119937 79447 540738 77781 123911 122667 1937377 2602462 October 1, 1987 October 1, 1987 February 27, 1987 February 27, 1987 January 1, 1988 January 1, 1988 October 1, 1987 February 27, 1987 January 1, 1988 February 27, 1987 February 27, 1987 February 27, 1987 January 1, 1988 January 1, 1988 January 1, 1988 February 27, 1987 January 1, 1988 January 1, 1988 October 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 July 1, 1987 October 1, 1987 January 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 February 27, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 OCC 3476 i -3- Epichlorohydrin Estradiol 17 B Estrone Ethinylestradiol Ethylene dibromide 1,2-Dichloroethane (Ethylene dichloride) Ethyleneimine Ethylene oxide Ethylene thiourea Ethyl methanesulfonate Formaldehyde (gas) Formylhydrazino-4-(5-nitro-2-furyl)thiazole Glycialdehyde Gyromitrin (acetaldehyde methylformylhydrazone) Hexachlorobenzene Hexachlorocyclohexane (technical grade) Hexachlorodibenzodioxin Hexamethylphosphoramide Hydrazine and hydrazine sulfate Hydrazobenzene Indeno [1,2,3-cd]pyrene Iron dextran complex Lasiocarpine Lead acetate Lead phosphate Melphalan Merphalan Mestranol Methoxsalen with ultraviolet A therapy (PTJVA) 5-Methylchrysene 2-Methylaziridine (propyleneimine) Methylazoxymethanol Methylazoxymethanol acetate 4,4'-Methylene bis(2-methylaniline) 4,4'Methylene bis(2-chloroaniline) 4,4'Methylenedianiline and its dihydrochloride Methyl iodide Methyl methanesulfonate 2-Methyl-1-nitroanthraquinone (of uncertain purity) N-Methyl-N'-Nitro-N-nitrosoguanidine Metronidazole Michler's ketone Mirex Mitomycin C Monocrotaline 5-(Morpholinoraethyl)-3-[(5-nitro-furfurylidene)- amino]-2-oxalolidinone Mustard Gas 106898 50282 53167 57636 106934 107062 151564 75218 96457 62500 50000 3570750 765344 16568028 118741 -- 34465468 680319 302012 122667 193395 9004664 303344 301042 7446277 148823 531760 72333 298817 3697243 75558 14901087 592621 838880 101144 101779 74884 66273 129157 70257 443481 90948 2385855 50077 315220 139913 505602 October 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 July 1, 1987 October 1, 1987 January 1, 1988 July 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 October 1, 1987 October 1, 1987 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 January 1, 1988 April 1, 1988 February 27, 1987 April 1, 1988 April 1, 1988 February 27, 1987 April 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 April 1, 1988 July 1, 1987 January 1, 1988 April 1, 1988 April 1, 1988 April 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 April 1, 1988 February 27, 1987 OCC 3477 I ,4- Nafenopin 3771195 2-Naphthylamine 91598 Nickel refinery dust from the pyrometallurgical process ---- Nickel carbonyl 13463393 Nickel subsulfide 12035722 Niridazole 61574 Nitrilotriacetic acid 139139 4-Nitrobiphenyl 92933 5-Nitroacenaphthene 602879 Nitrofen (technical grade) 1836755 1-[(5-Nitrofurfurylidene)-amino]-2-iraidazolidinone 555840 N- [4-(5-Nitro-2-furyl)-2-thiazolyl]acetamide 531828 Nitrogen mustard 51752 Nitrogen mustard hydrochloride 55867 Nitrogen mustard N-oxide and its hydrochloride 302705 2-Nitropropane 108032 N-Nitrosodi-n-butylamine 924163 N-Nitrosodiethanolamine 1116547 N-nitrosodiethylamine 55185 N-nitrosodimethylamine p-Nitrosodiphenylamine 62759 156105 N-Nitrosodi-n-propylamine 621647 N-nitroso-diphenylamine 86306 N-nitroso-N-ethylurea N-nitroso-N-methylurea 759739 684935 N-Nitroso-N-methylurethane 615532 N-Nitrosomethylvinylamine 4549400 N-Nitrosomorpholine 59892 N-Nitrosonornicotine 16543558 N-Nitrosopiperidine 100754 N-Nitrosopyrrolidine 930552 N-Nitrososarcosine 13256229 Orange Oil SS Oxymetholone Panfuran S Phenazopyridine and its hydrochloride Phenoxybenzamine and its hydrochloride Phenytoin and sodium salt of phenytoin Polybrominated biphenyls Polychlorinated biphenyls (containing 60 or more percent chlorine by molecular weight) Ponceau MX Ponceau 3R Procarbazine and its hydrochloride Progesterone 1,3-Propane sultone beta-Propiolactone Propylthiouracil 2646175 434071 ___ 136403 59861 57410 -- -- 3761533 3564098 366701 57830 1120714 57578 51525 April 1, 1988 February 27, 1987 October 1, 1987 October 1, 1987 October 1, 1987 April 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 January 1, 1988 October 1, 1987 January 1, 1988 October 1, 1987 October 1, 1987 January 1, 1988 January 1, 1988 April 1, 1988 October 1, 1987 October 1, 1987 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 October 1, 1987 January 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 OCC 3478 -5- Sodium saccharin Safrole Soots, tars, and lubricant base oils and derived 128449 94597 -- products, specifically vacuum distillates, acid treated oils, aromatic oils, mildly solvent-refined oils, mildly hydrotreated oils, and used engine oils; and mineral oils, when used in occupations such as mulespinning, metal machining, and jute processing. Sterigmatocystin 10048132 Streptozotocin 18883664 Sulfallate 95067 January 1, 1988 January 1, 1988 February 27, 1987 April 1, 1988 January 1, 1988 January 1, 1988 Testosterone and its esters 2,3,7,8-Tetrachlorodibenzo-para-dioxin (TCDD) Tetrachloroethylene (Perchloroethylene) Thioacetamide 4,4'-Thiodianiline Thiourea Thorium dioxide Tobacco, oral use of smokeless products Tobacco smoke ortho-Toluidine and its hydrochloride Toxaphene (polychorinated camphenes) Treosulfan 2,4,6-Trichlorophenol Trichloroethylene Tris(l-aziridinyl)phosphine sulfide (thiotepa) Tris(2,3-dibromopropyl)phosphate Trp-P-1 (Tryptophan-P-1) Trp-P-2 (Tryptophan-P-2) 58220 1746016 127184 62555 139651 62566 1314201 -- -- 95534 8001352 299752 88062 79016 52244 126727 62450060 62450071 April 1, 1988 January 1, 1988 April 1, 1988 January 1, 1988 April 1, 1988 January 1, 1988 February 27, 1987 April 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 February 27, 1987 January 1, 1988 April 1, 1988 January 1, 1988 January 1, 1988 April 1, 1988 April 1, 1988 Unleaded gasoline (wholly vaporized) Uracil mustard Urethane (Ethyl carbamate) Vinyl chloride -- 66751 51796 75014 April 1, 1988 April 1, 1988 January 1, 1988 February 27, 1987 CHEMICALS KNOWN TO THE STATE TO CAUSE REPRODUCTIVE TOXICITY Arainopterin Chlorcyclizine hydrochloride 1,2-Dibromo-3-chloropropane (DBCP) Diethylstilbestrol (DES) Diphenylhydantoin Ethyl alcohol in alcoholic beverages Ethylene oxide Etretinate Isotretinoin Lead Methyl mercury Thalidomide Tobacco smoke (not environmental tobacco smoke) Valproate Warfarin 54626 82939 96128 56531 630933 64175 75218 54350480 4759482 -- -- 50351 -- 99661 81812 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 October 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 April 1, 1988 July 1, 1987 July 1, 1987 Date: April 1, 1988 OCC 3479