Earlier this month, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed listing perfluorooctanoic acid (PFOA) as a carcinogen under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Under Proposition 65, OEHHA maintains a list of carcinogens and reproductive toxins, and businesses must generally provide “clear and reasonable” warnings prior to exposing anyone in California to a listed chemical, including through consumer, worker, or environmental exposures.
The U.S. Environmental Protection Agency (EPA) has extended the deadline for submissions due under the Chemical Data Reporting (CDR) Rule from November 30, 2020, to January 29, 2021. The CDR report covers chemical manufacturing and processing for the four calendar years of 2016 through 2019. We have covered the scope and application of the CDR rule here.
Late summer this year has brought a surge of activity related to per- and polyfluoroalkyl substances (PFAS). The U.S. Environmental Protection Agency (EPA) research office reported at an industry conference last week that it was evaluating ways to divide PFAS compounds into categories for purposes of risk assessment and risk management. This aligns with the approach supported by industry groups but conflicts with demands from environmental advocates that EPA study each compound separately. Because of the complexity and number of individual PFAS molecules, which number in the thousands, categorization would likely expedite the review process.