Change in the Identification of Reproductive Toxicity Endpoints in the Listing of Toluene as Known to Cause Reproductive Toxicity

Mar 7, 2014

Toluene, as identified in the table below, was originally added to the Proposition 65¹ list as causing reproductive toxicity on January 1, 1991, after consideration by the “state’s qualified experts” at a public meeting held on October 19, 1990. The state’s qualified experts determined that toluene was clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity (developmental endpoint).

Chemical	CAS No.
Toluene	108-88-3

The additional endpoint of female reproductive toxicity was identified 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). Toluene was identified as causing female reproductive 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 Standard (Title 29, Code of Federal Regulations [C.F.R.] section 1900.1200). The Hazard Communication Standard is, in turn, incorporated by reference into Labor Code Section 6382(d). In March 2012, OSHA extensively amended the regulations contained in the Hazard Communication Standard. Specifically, Title 29, C.F.R 1910.1200 (d)(3)(ii), which referred to the ACGIH TLV list, was deleted in the 2012 version of the regulation. The Office of Environmental Health Hazard Assessment (OEHHA), within the California Environmental Protection Agency, is the lead agency for the implementation of Proposition 65. 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.

Proposition 65 provides mechanisms for administratively listing chemicals that are known to the State to cause cancer or reproductive toxicity (Health and Safety Code section 25249.8(b)). The criteria for listing chemicals through the authoritative bodies mechanism are set forth in Title 27, California Code of Regulations, section 25306, and those for listing a chemical through the formally required to be labeled or identified mechanism are set forth in Title 27, California Code of Regulations, section 25902.

OEHHA has reviewed potential alternative administrative bases for identifying toluene as causing female reproductive toxicity and has found no such basis. Consequently, effective March 7, 2014, OEHHA will remove female reproductive toxicity as a basis for the listing of toluene. Toluene will remain on the Proposition 65 list of chemicals known to cause reproductive toxicity based on the state’s qualified experts’ findings of reproductive toxicity (developmental endpoint).