OEHHA Extends Comment Deadline for Proposal to Add PCBTF to Prop 65 List
California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment deadline on its proposal to list para-chlorobenzotrifluoride (PCBTF) as known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986, or Proposition 65 (Prop 65), following ACA’s request for an extension. OEHHA stretched the comment period to Jan. 23, 2019, from the original Dec. 24, 2018 deadline. ACA will be filing industry comments by the deadline. PCBTF is a commonly used, high capacity, low VOC solvent. California’s South Coast Air Quality Management District currently lists PCBTF as exempted from the definition of VOC based compounds.
OEHHA first posted its intent to add PCBTF to the Prop 65 list on Nov. 23, 2018.
Under Prop 65, individuals must provide warnings prior to exposure to a chemical identified by the State of California to cause cancer or reproductive harm. The duty to warn applies to most individuals causing an exposure, including product manufacturers, employers and individuals causing exposures in an affected area. Prop 65 requires the State of California maintain a list of chemicals that are known to the State to cause cancer, birth defects or other reproductive harm, or both. The list includes over 900 chemicals since it was published in 1987. The state can add chemicals to the Prop 65 list using four mechanisms: 1) the State’s qualified expert mechanism; 2) formally required to label mechanism; 3) labor code listing mechanism; and 4) authoritative body mechanism.
Notably, OEHHA’s proposal followed a report on PCTBF issued in June by the National Institutes of Health’s (NIH) National Toxicology Program (NTP). Generally, OEHHA recognizes the findings of a competent body (NTP) to list a chemical. However, OEHHA may not list a chemical if it finds that the authoritative body’s finding does not meet criteria for sufficiency of evidence. (Section 25306(c)-(e)).
ACA is completing an analysis of the NTP report to more clearly determine toxicity endpoints. ACA’s comment will be informed by this analysis.
Contact ACA’s Riaz Zaman for more information.