Notice of a Public Hearing for Safe Use Determination for Diisononyl Phthalate (DINP) in carpet tile

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for the implementation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Proposition 65, codified at Health and Safety Code section 25249.5 et seq.). OEHHA has received a request for a Safe Use Determination (SUD) for the use of diisononyl phthalate (DINP) in Tandus Centiva ER3® modular vinyl carpet tile, specifically that exposures to DINP in the carpet tile do not present significant cancer risks under Proposition 65, and do not require a warning. The request is made by Fulbright & Jaworski LLP pursuant to Title 27 of the California Code of Regulations, section 25204(b)(3).

This SUD request is limited to exposures to DINP only. Exposure to other listed substances, if any, that may be present in the Tandus Centiva ER3® modular vinyl carpet tile will not be reviewed by OEHHA in the context of this request.

In accordance with the process set forth in section 25204(f)1 , a public hearing has been scheduled for Wednesday, February 25, 2015, in the Sierra Hearing Room on the 2nd Floor of the California Environmental Protection Agency Headquarters, 1001 I Street, Sacramento, CA 95814, as an opportunity for public comment on this request for a safe use determination. The hearing will be held between 2:00 p.m. and 5:00 p.m. Meeting rescheduled.

The public hearing has been rescheduled to Thursday, February 19, 2015, in Room 10 of the Elihu Harris Building, 1515 Clay Street, Oakland CA 94612.  The hearing provides an opportunity for the public to verbally comment on this request for a SUD.  The hearing will be held between 10:00 am and 12:00 pm.

The public may also submit written comments on this request. In order to be considered, OEHHA must receive comments by 5:00 p.m. on Wednesday, February 25, 2015. We encourage you to submit comments in electronic form, rather than in paper form. Comments transmitted by e-mail should be addressed to Please include “SUD – ER3 Modular Vinyl Carpet Tile” in the subject line. Comments submitted in paper form may be mailed, faxed, or delivered in person to the address below.

Mailing Address:
Ms. Monet Vela
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-23A
Sacramento, California 95812-401

Fax: (916) 323-2610

Street Address:
1001 I Street
Sacramento, California 95814

Comments received during the public comment period will be posted on the OEHHA web site after the close of the comment period. If you have any questions, please contact Ms. Monet Vela at (916) 323-2517 or

Footnotes and References

1All referenced sections are from Title 27 of the Cal. Code of Regulations.