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November 2014

OEHHA Data Call-In for Diaminotoluenes Reveals Increased Scrutiny of Proposition 65 Listings

On November 7, 2014, the California Office of Environmental Health Hazard Assessment published a Request for Relevant Information for diaminotoluene (mixed). This data call-in represents the first step of OEHHA’s reconsideration of the Proposition 65 carcinogen listing of this particular category of chemicals, which covers all isomers of diaminotoluene. This regulatory proceeding reveals more than initially meets the eye. Diaminotoluenes are used in the preparation of dyes and are intermediates in the synthesis of other chemicals. There are a number of diaminotoluene isomers, including 2,4-diaminotoluene.  The original 1990 listing of diaminotoluene (mixed) — i.e., all diaminotoluene isomers –was based on U.S. Environmental Protection Agency’s 1988 hazard evaluation of the substance under its Comprehensive Environmental Response, Compensation and Liability Act authority. Although USEPA’s conclusion encompassed all isomers of diaminotoluene, USEPA stated that its conclusion was based only on the carcinogenic properties of the 2,4-diaminotoluene isomer. The question, then, is whether the scientific …Read More

DTSC Receives Federal Grant to Develop Alternatives Assessment Guidance

On November 13, 2014, the California Department of Toxic Substances Control announced that it received a $105,000 grant from the U.S. Environmental Protection Agency to develop guidance for the alternatives assessments required under the California Safer Consumer Products Regulations.  According to DTSC, the guidance will be “the most comprehensive in the nation.”  DTSC, with an industry partner, also plans conduct a pilot alternatives assessment to “test drive” the guidance once it is developed. Alternatives assessments are required for products designated by DTSC as Priority Products under the Safer Consumer Products Regulations. Earlier this year, DTSC released a draft Priority Products list and received extensive public comments on it. DTSC is expected to release a revised Priority Products list in a formal rulemaking proceeding in early 2015.  That rulemaking process may take as long as a year to finalize.  

Proposition 65 Warning Requirement for DINP Becomes Effective Next Month

Beginning December 20, 2014, the Proposition 65 warning requirement for diisononyl phthalate (DINP) becomes effective.  DINP is used as a plasticizer in a number of products, and also is used in sealants, paints and lubricants. Businesses must be mindful of the upcoming warning requirement date and ensure that they have done what they can to avoid a Proposition 65 lawsuit. The California Office of Environmental Health Hazard Assessment listed DINP as a carcinogen in 2013, under the state’s qualified experts mechanism, amid objections from a number of stakeholders. The American Chemistry Council filed a lawsuit against OEHHA in June 2014 seeking to remove DINP from the list.  That lawsuit remains pending. Notwithstanding the pending legal challenge, the DINP listing remains effective. For previous phthalate chemical listings, Proposition 65 bounty hunters have lost no time issuing 60-day notices of violation after the listings’ effective dates. Likewise, businesses should lose no time now getting …Read More