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California Announces Various Actions Under Proposition 65

After adding on 20 May tetrachlorvinphos, parathion and malathion 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), California’s Office of Environmental Health Hazard Assessment is proposing to further modify that list to include bromodichloroacetic acid as a chemical known to the state to cause cancer. Bromodichloroacetic acid can form when water containing natural organic matter and bromide is disinfected with chlorine-containing oxidising compounds. OEHHA believes that this chemical causes increased incidents of malignant and combined malignant and benign tumours in male and female rats and mice, and will accept comments through 27 June on whether it meets the Proposition 65 listing requirements.

OEHHA is seeking input from interested parties by 25 July on a separate proposal to amend Section 25805(b) of Title 27 of the California Code of Regulations by establishing maximum allowable dose levels for oral exposures to atrazine, propazine, simazine, 2,4‑diamino‑6‑chloro-s-triazine (DACT), des-ethyl atrazine (DEA) and des-isopropyl atrazine (DIA). The proposed oral maximum allowable dose levels are 100 micrograms per day for each of the six chemicals, based on data for atrazine that is representative of all six chemicals. OEHHA notes that this rulemaking had been delayed because the listing of these chemicals under Proposition 65 was challenged in a legal proceeding. This regulatory action will not be finalised until the chemicals are listed under Proposition 65 as known to the state to cause reproductive toxicity under the developmental and female reproductive end points.

Finally, OEHHA has issued a safe use determination pursuant to Section 25204(a) of Title 27 of the California Code of Regulations for diisononul phthalate (DINP) exposures to residents of homes and other facilities from certain modular vinyl carpet tiles that are used as indoor carpet for commercial and residential applications, provided the DINP content in the secondary backing layer of these carpet tiles is no higher than nine percent by weight and DINP is not present in other parts of the product. Additionally, OEHHA has issued a supplementary safe use determination for exposures to professional carpet installers for subject merchandise with a DINP content in the secondary backing layer no higher than 8.7 percent by weight and no DINP present in other parts of the product.

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