OEHHA Proposes Adding PCBTF to Prop 65 List

Enhancing Chemical Security and CFATS

On Nov.  23, California’s Office of Environmental Health Hazard Assessment (OEHHA) posted its intent 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). PCBTF is used in low-VOC polyurethane coatings, and as a solvent in inks and coatings.

OEHHA is accepting comments on the proposal through Dec. 24. ACA will be filing industry comments by the deadline.

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 does not list a chemical if scientifically valid data which were not considered by the authoritative body clearly establish that the sufficiency of evidence criteria were not met (Section 25306(f)).

ACA is completing a statistical 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.

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