This notice is brought to you by the OEHHA.
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to change the basis for the listing of carbaryl as known to the state to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 19861.
Carbaryl was originally added to the Proposition 65 list as causing reproductive toxicity on August 7, 2009, pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a). Carbaryl was listed based on its identification as causing male reproductive and developmental toxicity in the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs). The TLVs were previously incorporated by reference into the federal Occupational Health and Safety Administration (OSHA) Hazard Communication Standards (Title 29, Code of Federal Regulations [C.F.R.] section 1900.1200), which is incorporated by reference into Labor Code Section 6382(d).
OEHHA is initiating this action based on changes to federal regulations that affect the basis for the original listing. Specifically, in March 2012, OSHA extensively amended the regulations contained in Title 29, C.F.R. section 1910.1200. Title 29, C.F.R 1910.1200 (d)(3)(ii), which specifically referred to the ACGIH TLV list, was deleted in the 2012 version of the regulation. OEHHA has determined that these changes have eliminated the ACGIH TLVs as a definitive source for identifying chemicals that are known to cause reproductive toxicity.
For the full notice and more information please refer to the OEHHA link above.