Chemical Listed Effective September 2, 2011 as Known to the State of California to Cause Cancer: titanium dioxide (airborne, unbound particles of respirable size)

The Office of Environmental Health Hazard Assessment (OEHHA) within the California Environmental Protection Agency is adding titanium dioxide (airborne, unbound particles of respirable size) to the list of chemicals known to the State of California to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).  The listing does not cover titanium dioxide when it remains bound within a product matrix.  The listing of titanium dioxide (airborne, unbound particles of respirable size) is effective September 2, 2011. 

Health and Safety Code section 25249.8(a) incorporates California Labor Code Sections 6382(b)(1) and 6382(d) into Proposition 65.  The law requires that certain substances identified by the International Agency for Research on Cancer (IARC) or the National Toxicology Program (NTP) be listed as known to cause cancer under Proposition 65.  Labor Code section 6382(b)(1) refers to substances identified as human or animal carcinogens by IARC.  Labor Code section 6382(d) refers to substances identified as carcinogens or potential carcinogens by IARC or NTP.

The basis for the listing of titanium dioxide (airborne, unbound particles of respirable size) was described in a public notice published in the May 27, 2011, issue of the California Regulatory Notice Register (Register 2011, No. 21-Z).  The title of the notice was “Notice of Intent to List Titanium Dioxide (Airborne, Unbound Particles of Respirable Size) by the Labor Code Mechanism”.  The publication of the notice initiated a 30-day public comment period that closed on June 27, 2011. 

A complete, updated Proposition 65 list is published elsewhere in this issue of the California Regulatory Notice Register and is available on the OEHHA website.