Notice to Interested Parties Proposition 65 Listed Chemicals Affected by Hazard Communications Standard Amendments
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. The table below summarizes the action for each affected chemical. The public will be given the opportunity to comment on these actions. Separate notices will be published for the actions, which will include information on public comment period dates.
| Chemical |
CAS No. |
Action5 |
|---|---|---|
|
tert-Amyl methyl ether |
994-05-8 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
n-Butyl glycidyl ether |
2426-08-6 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Carbaryl |
63-25-2 |
Issue Notice of Intent to Change Basis for Listing as known to cause reproductive toxicity to authoritative bodies mechanism based on NIOSH findings. |
|
Chloroform |
67-66-3 |
Refer to the DARTIC to determine whether to retain chemical on the Proposition 65 list as known to cause reproductive toxicity. |
|
2-Chloropropionic acid |
598-78-7 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
1,2-Dibromo-3-chloropropane |
96-12-8 |
Issue Notice of Intent to Change Basis for Listing as known to cause reproductive toxicity to “formally required” mechanism based on OSHA requirements. |
|
Dichloroacetic acid |
79-43-6 |
Issue Notice of Intent to Change Basis for Listing as known to cause reproductive toxicity to authoritative bodies mechanism based on U.S. EPA findings. |
|
Diglycidyl ether |
2238-07-5 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
N,N-Dimethyl-acetamide |
127-19-5 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Ethyl-tert-butyl ether |
637-92-3 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Ethylene oxide |
75-21-8 |
Issue Notice of Intent to Change Basis for Listing as known to cause reproductive toxicity to “formally required” mechanism based on OSHA and US EPA requirements. |
|
2-Ethylhexanoic acid |
149-57-5 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Hexafluoroacetone |
684-16-2 |
Issue Notice of Intent to Change Basis for Labor Code Listing based on California DIR Director’s List |
|
Lead |
--- |
Issue Notice of Intent to Change Basis for Listing as known to cause reproductive toxicity to “formally required” mechanism based on OSHA requirements. |
|
Methyl n-butyl ketone |
591-78-6 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Methyl isopropyl ketone |
563-80-4 |
Refer to the DARTIC to determine whether to retain chemical on the Proposition 65 list |
|
α-Methyl styrene |
98-83-9 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Nitrous oxide |
10024-97-2 |
Issue Notice of Intent to Change Basis for Listing to authoritative bodies mechanism based on NIOSH findings. |
|
p,p’-Oxybis(benzene sulfonyl hydrazide) |
80-51-3 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Phenyl glycidyl ether |
122-60-1 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
Phenylphosphine |
638-21-1 |
Issue Notice of Intent to Change Basis for Labor Code Listing based on California DIR Director’s List |
|
1,3,5-Triglycidyl-s-triazinetrione |
2451-62-9 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
|
4-Vinyl cyclohexene |
100-40-3 |
Refer to the DARTIC to determine whether to retain chemical on the Proposition 65 list as known to cause reproductive toxicity. |
|
Vinyl cyclohexene dioxide |
106-87-6 |
Refer to the DARTIC to determine whether to retain listing as causing reproductive toxicity. |
- Ethylene Oxide
- 1,2-Dibromo-3-chloropropane (DBCP)
- Chloroform
- Phenyl Glycidyl Ether
- 4-Vinylcyclohexene
- 2-Chloropropionic Acid
- α-Methyl styrene (alpha-Methylstyrene)
- Carbaryl
- Dichloroacetic Acid
- Hexafluoroacetone
- Methyl-n-Butyl Ketone
- Nitrous Oxide
- N,N-Dimethylacetamide
- Phenylphosphine
- Vinyl cyclohexene dioxide (4-vinyl-1-cyclohexene diepoxide)
- 1,3,5-triglycidyl-s-triazinetrione
- Methyl isopropyl ketone
- Diglycidyl ether
- n-Butyl glycidyl ether
- 2-Ethylhexanoic acid
- p,p’‑oxybis(benzenesulfonyl hydrazide)
- Tert-Amyl methyl ether
- Ethyl-tert-butyl ether
Chemical Reference
Footnotes and References
1 The Code of Federal Regulations will hereafter be cited as C.F.R.
2 Title 8 California Code of Regulations §339
3 See Health and Safety Code section 25249.8(b) and Title 27, Cal. Code of Regulations, section 25902. All further references are to sections of Title 27 of the California Code of Regulations, unless indicated otherwise.
4 See Health and Safety Code section 25249.8(b) and Title 27, California Code of Regulations, section 25306.
5 DIR: Department of Industrial Relations; US EPA: US Environmental Protection Agency; NIOSH: National Institute for Occupational Safety and Health