This notice is brought to you by the OEHHA.
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to take various actions related to certain chemicals listed under Proposition 65 as known to cause reproductive toxicity that were added pursuant to Labor Code Section 6382(d), which is incorporated by reference in Health and Safety Code Section 25249.8(a). The basis for these listings was the chemicals’ identification as causing reproductive toxicity in the American Conference of Governmental Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) or their inclusion in 29 C.F.R. part 1910, subpart Z, on “Toxic and Hazardous Substances”. The TLVs and subpart Z were previously specified in the federal Occupational Health and Safety Administration (OSHA) Hazard Communication Standards (Title 29, Code of Federal Regulations, section 1900.1200)1 as sources to be treated “as establishing that the chemicals listed in them are hazardous”.
OEHHA is initiating these actions based on changes to the federal regulations that affect the basis for the original listings. Specifically, in March 2012, OSHA extensively amended the regulations contained in Title 29, C.F.R., section 1910.1200. In the 2012 version of the regulation, section 1910.1200(d)(3)(ii), which specifically referred to the ACGIH TLV list, and section 1910.1200(d)(3)(i), which specifically referred to the subpart Z regulation on Toxic and Hazardous Substances, were deleted. OEHHA has determined that these changes have eliminated the ACGIH TLVs and subpart Z as definitive sources for identifying chemicals that are known to cause reproductive toxicity.
OEHHA has determined that certain chemicals listed via the mechanism and bases described above continue to meet the criteria for listing as known to cause reproductive toxicity, based either on their inclusion on the Director’s List of the Department of Industrial Relations2, also incorporated by reference in Labor Code section 6382(d), or via the “formally required” listing mechanism3 or the authoritative bodies listing mechanism.4 OEHHA will separately publish notices concerning the proposed change of basis for the individual listings. Certain other chemicals will be referred to the state’s qualified experts, the Developmental and Reproductive Toxicant Identification Committee (DARTIC), for consideration of retention of listing.
For the full notice and the complete list of chemicals affected please refer to the OEHHA link above.