Insights
Publications

BPA Considered for Listing Under Proposition 65

2/16/2010 Articles

California's Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA), the agency that oversees implementation of California's Proposition 65 (more formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986), announced on February 11, 2010, that it is considering adding bisphenol-A (BPA) to the Proposition 65 list of chemicals causing reproductive toxicity. 

In response to a petition from the Natural Resources Defense Council, OEHHA has determined that BPA "appears to meet the criteria for listing" under what is known as the "authoritative bodies" mechanism, based on the findings of the National Toxicology Program's Center for the Evaluation of Risks to Human Reproduction (NTP).  In 2008, the NTP published a report on BPA concluding that the chemical causes developmental toxicity at high levels of exposure. 

OEHHA is now soliciting public comments as to whether BPA meets the regulatory criteria for listing.  Click here to view the OEHHA notice.  Comments are due to OEHHA by April 13, 2010. 

In July 2009, the Proposition 65 Developmental and Reproductive Toxicant Identification Committee voted not to list BPA under what is known as the "qualified expert" listing mechanism.  However, there is more than one mechanism for listing a chemical and OEHHA is now assessing whether the NTP findings require that BPA be listed under the separate "authoritative bodies" mechanism.

If BPA is ultimately added to the list as a reproductive toxicant pursuant to Proposition 65, that will have a significant impact on companies that use BPA in their products or packaging, including companies not located in California whose products are sold in  California, as many companies that have previously run afoul of Proposition 65 and its private enforcement mechanism can attest. 

Because many applications of BPA are for the purpose of ensuring food safety, reformulation may present its own risks that must be carefully considered.  Companies that use BPA, or who rely upon suppliers who use BPA, should therefore carefully evaluate the regulatory criteria for listing, and submit comments to OEHHA prior to April 13, 2010. 

If OEHHA determines that BPA does meet the regulatory criteria for listing, there will be a second opportunity for comments, but it is important to weigh in at this stage, particularly since OEHHA has already determined that BPA "appears" to meet the criteria for listing.

For more information, please contact John Epperson or Sandra Edwards, or your Farella Braun + Martel LLP attorney.

Firm Highlights

Event

LSI's PFAS Contamination and Regulation in California Virtual Conference

Sarah Bell will be speaking at LSI's virtual conference on PFAS Contamination and Regulation in California live webinar, "PFAS and Hazardous Materials Cleanup Laws." Details: CWA violations, CERCLA designations, and NRD claims as potential game...

Read More
Publication

New EPA Clean Water Act Rule Attempts to Streamline Permitting Process

Earlier this week, the U.S. Environmental Protection Agency finalized the “Clean Water Act Section 401 Certification Rule” (Rule). The Rule comes with significant procedural and substantive changes to the certification process for infrastructure projects. Under...

Read More
News

Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule

Environmental law partner Sarah Bell was quoted in the Bloomberg Law article, "Lawyers See Maui Opinion as Grounds to Challenge Trump Water Rule." In the article, Sarah said the Maui holding will be used...

Read More
News

EPA Narrows States’ Veto Power Over Infrastructure Projects

Environmental Law Partner Sarah Bell spoke to Bloomberg Law about EPA rule (RIN: 2040-AF86 ), which aims to discourage coastal states from relying on part of the Clean Water Act to block fossil fuel...

Read More
Publication

New Screening Levels for Key PFAS Chemicals Will Spur Regulatory Action at Contaminated Sites

In support of the State Water Resources Control Board’s (State Board) efforts to investigate and evaluate the public health effects of per- and polyfluoroalkyl substances (PFAS), the San Francisco Regional Water Quality Control Board...

Read More
News

SCOTUS Clean Water Act Test ‘Devastating’ for Industry

Sarah Bell commented on the U.S. Supreme Court ruling saying that the Clean Water Act can be used to regulate pollution that travels through groundwater. Read full article, here . The case is  County...

Read More
Publication

The Winding Trail Home: Marin County Secures Key Multi-Use Trail Access Decision

With Marin County’s Mt. Tamalpais often considered the birthplace of mountain biking, it should not be surprising that the County finds itself at the forefront of California’s battle over multi-use trail access and consequently...

Read More
Publication

Key PFAS Regulatory Standards Set in California

In support of California’s efforts to investigate and evaluate the presence of per- and polyfluoroalkyl substances (PFAS) in the environment, the San Francisco Bay Regional Water Quality Control Board (Regional Board) has released interim...

Read More
Publication

Supreme Court Ruling Expands Reach of Clean Water Act NPDES Permitting

Read the article on California Ag Net , here . In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a...

Read More
News

Farella Braun + Martel Attorneys, Practices Recognized by Chambers USA 2020

SAN FRANCISCO, April 23, 2020: Farella Braun + Martel announces that Chambers USA has recognized 12 lawyers and five practice areas in the legal directory’s 2020 edition. Individual Rankings: Tyler Gerking – Insurance: Policyholders...

Read More