The Office of Environmental Health Hazard Assessment (OEHHA) today announced it proposes to establish three Proposition 65[ Maximum Allowable Dose Levels (MADLs) for exposure to chlorpyrifos by amending Section 25805(b) of Title 27 of the California Code of Regulations. The proposed oral and inhalation MADLs for chlorpyrifos are both 0.58 micrograms per day, and the proposed dermal MADL is 7.2 micrograms per day.
The agency has opened a public comment period for the proposed MADL through the close of business on July 8, 2019
Any written comments concerning this proposed action, regardless of the form or method of transmission, must be received by OEHHA by July 8, 2019, the designated close of the written comment period. All comments received will be posted on the OEHHA website at the close of the public comment period.
We encourage you to submit comments in electronic form, rather than in paper form. Comments may be submitted electronically through our website at https://oehha.ca.gov/comments. Hard-copy comments may be mailed, faxed, or delivered in person to the appropriate address below.
Mailing Address: Ms. Monet Vela
Office of Environmental Health Hazard Assessment
P.O. Box 4010, MS-2311F
Sacramento, California 95812-4010
Fax: (916) 323-2517
Street Address: 1001 I Street
Sacramento, California 95814
A public hearing on this proposed regulatory amendment will be scheduled on request. To request a hearing, send an e-mail to Monet Vela at email@example.com or to the address listed above by no later than June 24, 2019, which is 15 days before the close of the comment period. OEHHA will send a notice of the hearing to the requester and interested parties on its Proposition 65 email list for regulatory public hearings. The notice will also be posted on the OEHHA web site at least ten days before the public hearing date. The notice will provide the date, time, and location of the hearing.
Please, direct inquiries concerning the proposed regulatory action described in this notice to Monet Vela, in writing at the address given above, via e-mail to firstname.lastname@example.org or (916) 323-2517. Mario Fernandez is the back-up contact. He can be reached at (916) 323-2635 or email@example.com.
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW
Proposition 65 prohibits a person in the course of doing business from knowingly and intentionally exposing any individual to a chemical that has been listed as known to the state to cause cancer or reproductive toxicity, without first giving clear and reasonable warning to such individual. The Act also prohibits a business from knowingly discharging a listed chemical into water or onto or into the land where such chemical passes or probably will pass into any source of drinking water. Warnings are not required and the discharge prohibition does not apply when exposures are insignificant. The MADLs provide guidance for determining when this is the case.
Details on the basis for the proposed MADLs for chlorpyrifos are provided in the Initial Statement of Reasons for this regulatory amendment, which is available on request from Monet Vela and is posted on the OEHHA web site at www.oehha.c
This proposed regulation sets forth three MADLs for adoption into Section 25805 that were derived using scientific methods outlined in Section 25803.
The proposed regulation would adopt the following MADLs for exposure to chlorpyrifos, by amending Section 25805 as follows (addition in underline):
|(b) Chemical Name||Level (Micrograms/day)|
| Chlorpyrifos |
|0.58 (oral and inhalation)|
Relevant studies that provide information on the toxicity of chlorpyrifos were identified in the materials that formed the basis for listing chlorpyrifos as causing reproductive toxicity with the developmental endpoint. A comprehensive literature search found one additional relevant study since the Proposition 65 listing of chlorpyrifos. All of the relevant studies were reviewed, and the most sensitive study deemed to be of sufficient quality was selected to provide the basis for the MADLs.
Anticipated Benefits of the Proposed Regulation
By providing these MADLs, this regulatory proposal may encourage businesses to change their practices in ways that reduce bystander, worker and environmental exposures to chlorpyrifos. In addition, some businesses may not be able to afford the expenses of establishing MADLs and therefore may face litigation for a failure to warn or for a prohibited discharge of the listed chemical. Adopting this regulation will save these businesses those expenses and may reduce litigation costs. Furthermore, by providing safe harbor levels, this regulatory proposal does not require, but may encourage, businesses to lower the amount of the listed chemical in their product to a level that does not cause a significant exposure, thereby providing health benefit to Californians.
Chlorpyrifos is a highly toxic reproductive and developmental toxicant used as a pesticide in several agricultural applications. It was listed as a reproductive toxicant under Proposition 65 on November 29, 2017.
The widely pesticide is widely used on fruit, vegetable, and nut crops. It is the focus of two California regulatory actions, a pending state bill, SB 458 This chapter shall be known, and may be cited, as the Protect Children from Brain-Damaging Chlorpyrifos Act of 2019. and a federal appeals court order for the U.S. Environmental Protection Agency to decide whether to ban chlorpyrifos.
In addition, Sen. Tom Udall (D-N.M.) has sponsored federal legislation to ban the chemical.
No Inconsistency or Incompatibility with Existing State Regulations
OEHHA has conducted an evaluation of whether there are any other regulations on this matter and has found that these are the only regulations dealing with Proposition 65 Maximum Allowable Dose Levels for chlorpyrifos. Therefore, OEHHA has determined that the proposed regulation is neither inconsistent nor incompatible with existing state regulations because it provides compliance assistance to businesses subject to the Act, but does not impose any mandatory requirements on those businesses or state or local agencies, and does not address compliance with any other law or regulation.
RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code section 11346.3(b))
Impact on the Creation, Elimination, or Expansion of Jobs/Businesses in California
This regulatory proposal will not affect the creation or elimination of jobs within the State of California. Proposition 65 requires businesses with ten or more employees to provide warnings when they expose people to chemicals that are known to cause cancer or reproductive harm. The law also prohibits the discharge of listed chemicals into sources of drinking water.