The Office of Environmental Health Hazard Assessment (OEHHA) today announced it proposes to establish three Proposition 65<a name="_ftnref1"><\/a><sup>[<\/sup>\u00a0Maximum Allowable Dose Levels (MADLs) for exposure to chlorpyrifos by amending Section 25805(b) of Title 27 of the California Code of Regulations. The proposed oral and inhalation MADLs for chlorpyrifos are both 0.58 micrograms per day, and the proposed dermal MADL is 7.2 micrograms per day.\r\n\r\n<strong>PUBLIC PROCEEDINGS<\/strong>\r\n\r\nThe agency has opened a public comment period for the proposed MADL through the close of business on July 8, 2019\r\n\r\nAny written comments concerning this proposed action, regardless of the form or method of transmission, must be received by OEHHA by\u00a0<strong>July 8, 2019<\/strong>, the designated close of the written comment period.\u00a0 All comments received will be posted on the OEHHA website at the close of the public comment period.\r\n\r\nWe encourage you to submit comments in electronic form, rather than in paper form. Comments may be submitted electronically through our website at\u00a0<a href="https:\/\/oehha.ca.gov\/comments">https:\/\/oehha.ca.gov\/comments<\/a>.\u00a0 Hard-copy comments may be mailed, faxed, or delivered in person to the appropriate address below.\r\n\r\n<strong>Mailing Address:<\/strong>\u00a0 Ms. Monet Vela\r\n\r\nOffice of Environmental Health Hazard Assessment\r\nP.O. Box 4010, MS-2311F\r\nSacramento, California 95812-4010\r\n\r\nFax: (916) 323-2517\r\nStreet Address:\u00a0 1001 I Street\r\nSacramento, California 95814\r\n\r\nA public hearing on this proposed regulatory amendment will be scheduled on request. To request a hearing, send an e-mail to Monet Vela at\email@example.com\u00a0or to the address listed above by no later than<strong>\u00a0June 24, 2019<\/strong>, which is 15 days before the close of the comment period.\u00a0 OEHHA will send a notice of the hearing to the requester and interested parties on its Proposition 65 email list for regulatory public hearings.\u00a0 The notice will also be posted on the OEHHA web site at least ten days before the public hearing date.\u00a0 The notice will provide the date, time, and location of the hearing.\r\n\r\n<strong>CONTACT<\/strong>\r\n\r\nPlease, direct inquiries concerning the proposed regulatory action described in this notice to Monet Vela, in writing at the address given above, via e-mail to firstname.lastname@example.org\u00a0or (916) 323-2517.\u00a0 Mario Fernandez is the back-up contact.\u00a0 He can be reached at (916) 323-2635 or\email@example.com.\r\n\r\nINFORMATIVE DIGEST\/POLICY STATEMENT OVERVIEW\r\n\r\nProposition\u00a065 prohibits a person in the course of doing business from knowingly and intentionally exposing any individual to a chemical that has been listed as known to the state to cause cancer or reproductive toxicity, without first giving clear and reasonable warning to such individual<a name="_ftnref2"><\/a><a href="https:\/\/oehha.ca.gov\/proposition-65\/crnr\/amendment-section-25805-specific-regulatory-levels-chemicals-causing-0#_ftn2"><sup>[2<\/sup>]<\/a>.\u00a0 The Act also prohibits a business from knowingly discharging a listed chemical into water or onto or into the land where such chemical passes or probably will pass into any source of drinking water<a name="_ftnref3"><\/a><a href="https:\/\/oehha.ca.gov\/proposition-65\/crnr\/amendment-section-25805-specific-regulatory-levels-chemicals-causing-0#_ftn3"><sup><\/sup><\/a>. \u00a0Warnings are not required and the discharge prohibition does not apply when exposures are insignificant.<a name="_ftnref4"><\/a><a href="https:\/\/oehha.ca.gov\/proposition-65\/crnr\/amendment-section-25805-specific-regulatory-levels-chemicals-causing-0#_ftn4"><sup><\/sup><\/a>\u00a0 The MADLs provide guidance for determining when this is the case.<a name="_ftnref5"><\/a><a href="https:\/\/oehha.ca.gov\/proposition-65\/crnr\/amendment-section-25805-specific-regulatory-levels-chemicals-causing-0#_ftn5"><sup><\/sup><\/a>\r\n\r\nDetails on the basis for the proposed MADLs for chlorpyrifos are provided in the Initial Statement of Reasons for this regulatory amendment, which is available on request from Monet Vela and is posted on the OEHHA web site at\u00a0<a href="http:\/\/www.oehha.ca.gov\/">www.oehha.c<\/a>\r\n\r\n[caption id="attachment_2181" align="alignnone" width="300"]<img class="size-medium wp-image-2181" src="https:\/\/prop65news.com\/wp-content\/uploads\/2019\/05\/Chlorpyrifos3-300x213.jpg" alt="Chlorpyrifos" width="300" height="213" \/> Chlorpyrifos is a organo phosphate pesticide known to cause neurorological damage to children.[\/caption]\r\n\r\n[caption id="attachment_2181" align="alignnone" width="300"]<img class="size-medium wp-image-2181" src="https:\/\/prop65news.com\/wp-content\/uploads\/2019\/05\/Chlorpyrifos3-300x213.jpg" alt="Chlorpyrifos" width="300" height="213" \/> Chlorpyrifos is a organo phosphate pesticide known to cause neurorological damage to children.[\/caption]\r\n\r\n<a href="http:\/\/www.oehha.ca.gov\/">a.gov<\/a>.\r\n\r\nThis proposed regulation sets forth three MADLs for adoption into Section 25805 that were derived using scientific methods outlined in Section 25803.\r\n\r\nThe proposed regulation would adopt the following MADLs for exposure to chlorpyrifos, by amending Section 25805 as follows (addition in underline):\r\n\r\n \r\n<table width="624">\r\n<tbody>\r\n<tr>\r\n<td width="326">(b) Chemical Name<\/td>\r\n<td width="298">Level (Micrograms\/day)<\/td>\r\n<\/tr>\r\n<tr>\r\n<td width="326">\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<u>Chlorpyrifos \u00a0<\/u>\r\n\r\n<u>Chlorpyrifos<\/u><\/td>\r\n<td width="298"><u>0.58 (oral and inhalation)<\/u>\r\n\r\n<u>7.2 (dermal)<\/u><\/td>\r\n<\/tr>\r\n<\/tbody>\r\n<\/table>\r\n \r\n\r\nRelevant studies that provide information on the toxicity of chlorpyrifos were identified in the materials that formed the basis for listing chlorpyrifos as causing reproductive toxicity with the developmental endpoint.\u00a0 A comprehensive literature search found one additional relevant study since the Proposition 65 listing of chlorpyrifos.\u00a0 All of the relevant studies were reviewed, and the most sensitive study deemed to be of sufficient quality was selected to provide the basis for the MADLs.\r\n\r\nAnticipated Benefits of the Proposed Regulation\r\n\r\nBy providing these MADLs, this regulatory proposal may encourage businesses to change their practices in ways that reduce bystander, worker and environmental exposures to chlorpyrifos.\u00a0 In addition, some businesses may not be able to afford the expenses of establishing MADLs and therefore may face litigation for a failure to warn or for a prohibited discharge of the listed chemical.\u00a0 Adopting this regulation will save these businesses those expenses and may reduce litigation costs. Furthermore, by providing safe harbor levels, this regulatory proposal does not require, but may encourage, businesses to lower the amount of the listed chemical in their product to a level that does not cause a significant exposure, thereby providing health benefit to Californians.\r\n\r\nChlorpyrifos is a highly toxic reproductive and developmental toxicant used as a pesticide in several agricultural applications.\u00a0 It was listed as a reproductive toxicant under Proposition 65 on November 29, 2017.\r\n\r\nThe widely pesticide is widely used on fruit, vegetable, and nut crops. It is the focus of two California regulatory actions, a\u00a0<a href="http:\/\/leginfo.legislature.ca.gov\/faces\/billNavClient.xhtml?bill_id=201920200SB458">pending state bill<\/a>, SB 458 <em>This chapter shall be known, and may be cited, as the Protect Children from Brain-Damaging Chlorpyrifos Act of 2019.<\/em> and a\u00a0<a href="https:\/\/news.bloombergenvironment.com\/environment-and-energy\/california-to-further-restrict-chlorpyrifos-pesticide-exposure">federal<\/a>\u00a0appeals\u00a0<a href="http:\/\/src.bna.com\/HvE">court order<\/a> for the U.S. Environmental Protection Agency to decide whether to ban chlorpyrifos.\r\n\r\nIn addition, Sen. Tom Udall (D-N.M.) has sponsored federal legislation to ban the chemical.\r\n\r\n \r\n\r\nNo Inconsistency or Incompatibility with Existing State Regulations\r\n\r\nOEHHA has conducted an evaluation of whether there are any other regulations on this matter and has found that these are the only regulations dealing with Proposition 65 Maximum Allowable Dose Levels for chlorpyrifos.\u00a0 Therefore, OEHHA has determined that the proposed regulation is neither inconsistent nor incompatible with existing state regulations because it provides compliance assistance to businesses subject to the Act, but does not impose any mandatory requirements on those businesses or state or local agencies, and does not address compliance with any other law or regulation.\r\n\r\nRESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))\r\n\r\n<strong>Impact on the Creation, Elimination, or Expansion of Jobs\/Businesses in California<\/strong>\r\n\r\nThis regulatory proposal will not affect the creation or elimination of jobs within the State of California.\u00a0 Proposition 65 requires businesses with ten or more employees to provide warnings when they expose people to chemicals that are known to cause cancer or reproductive harm.\u00a0 The law also prohibits the discharge of listed chemicals into sources of drinking water.