California Schedules Public Forum on Potential Listing of BPA as Reproductive Toxin; Workshop on NOEL Regulatory Changes Also Scheduled

Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has scheduled an April 20, 2010, public forum on its proposal to list bisphenol A (BPA) as a reproductive toxin under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). The action was taken in response to a request for a public forum to present oral comments. OEHHA has also decided, in response to a request, to extend the written comment period on the proposal until May 13, 2010. Prop. 65 requires that businesses provide “clear and reasonable” warnings for exposures to listed chemicals before exposure and prohibits their discharge into drinking water sources.

OEHHA has also announced that it will conduct an informal public workshop on April 14 to discuss proposed amendments to regulations that “set out the procedures and criteria for determining an exposure level where there would be no observable effect.” Under Prop. 65, warnings are not required and the discharge provisions are not applicable “if an exposure one thousand (1,000) times higher than the level that is actually occurring would still not cause any observable effect.” Among the changes proposed would be removing a regulatory provision allowing a party to seek court approval of an alternative “no observable effect level” (NOEL) to that established by regulation. Comments should be submitted by April 28.