EPA Increases Maximum Civil Penalties

January 28, 2020
Ann Grimaldi

On January 13, 2020, the US Environmental Protection Agency (EPA) issued a final rule adjusting the maximum and minimum civil penalties for violations of the laws that the EPA administers and enforces. The maximum penalty for a violation of the chemical control portion of the Toxic Substances Control Act (Title I of TSCA) is now $40,576, if the violation occurred after November 2, 2015 and the penalty is assessed on or after January 13, 2020. For a TSCA violation that occurred after November 2, 2015, but where the penalty was assessed between February 6, 2019 and January 13, 2020, the…

OEHHA Issues Interpretive Guideline for Residential Exposure to Dichlorvos

January 21, 2020
Ann Grimaldi

On January 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a Proposition 65 interpretive guideline for residential exposures to dichlorvos in naled. Dichlorvos (2,2-dichlorovinyl dimethyl phosphate, commonly abbreviated as an DDVP) is an organophosphate pesticide breakdown product of naled, an insecticide that has been registered since 1959 for use in the United States for controlling adult mosquitoes as well as other pests. DDVP was identified as a Proposition 65 carcinogen in 1989. The recent interpretive guideline analyzed the likelihood that residential exposure to DDVP in naled would exceed the Proposition 65 No Significant Risk Level (NSRL)…

New Proposition 65 Chemical Listings May Affect The Cannabis and The CBD Industries

January 14, 2020
Ann Grimaldi

On January 3, 2020, the California Office of Environmental Health Hazard Assessment (OEHHA) added Δ9-Tetrahydrocannabinol (Δ9-THC) and cannabis smoke as reproductive toxicants on the Proposition 65 list. The warning requirement for these substances will go into effect on January 3, 2021. Cannabis smoke is already identified as a carcinogen on the Proposition 65 list. The recent addition to the list means that the reproductive harm health endpoint also should be identified in any Proposition 65 warnings for cannabis products intended to be smoked. The listing of Δ9-THC as a reproductive toxicant may affect not only cannabis businesses (including manufacturers of…