Document DG9aRzYnZ08zbx2qjxzpnE3Od

TO: Distribution FROM: DATE: Interoffice Communication SUBJ: T. G. Grumbles June 2, 1988 CALIFORNIA PROPOSITION 65 VISTA Attached is one of the better "simplified" summary articles I've seen on Proposition 65. It does a good job of describing the warning issues, analytical problems and enforcement liabilities. I've also attached the current Proposition 65 list for those who haven't seen it. T. G. Grumbles aj o .319 Attachments DIST: Env. Coordinators Ed Sones Jim Yates Don Whitehead Darrell Zimmer Gina Lakich Kyle Resh Paul Fetzer Garland Smith Lynette Baldwin-Price Chris Pierson Bob Means Debs Gamblin Jim Ball Bruce Larsen WV 000014636 Periscope fhe Safe Drinking Water and Toxic Enforcement Act of 1986: California's Proposition 65 by Richard Fehier Manager, Regulatory Affairs Environmental Engineering Pleasanton Office On February 27, 1988, 29 chemicals became subject to the regulatory requirements of Proposition 65California's Safe Drinking Water and Toxic Enforcement Act of 1986. More than 200 chemicals are included under this Act, with effective dates through the rest of 1988 and 1989. Warning Detectable Amounts of Chemicals Known to the State of California to Cause Cancer, Birth Defects or Other Reproductive Harm May be Found In and Around This Facility Proposition 65 was developed in toxics-conscious California, where it was endorsed by voters by a 2 to 1 margin in the November 1986 elections. (California Health and Safety Code Section 25249.6) Under Proposition 65, Warning Signs Like This are Required for the First 29 Listed Chemicals General Provisions pecifically, Proposition 65 prohibits any business with 10 or more employees from knowingly or intentionally exposing anyone to "significant levels" of specified chemicals known to cause cancer or reproductive toxicity, unless the business provides a "clear and reasonable" warning to the potentially exposed person. In addition, businesses are prohibited from knowingly discharging "significant amounts" of specified chemicals known to cause cancer or reproductive toxicity into water or land where the chemical could get into any source of drinking water. Proposition 65 defines "significant amounts" of chemicals as any detectable amount, unless it can be shown that: exposures will have no observable effect, assuming exposure at 1,000 times the actual level of the chemical (no observable effect level) The State of California has determined no significant risk/no observable effect levels for 31 chemicals. The amounts set are controversial because many feel that the allowable levels are too low. state legislature that would remove this exemption. Proposition 65 applies only when listed chemicals are involved (currently only the 29 chemicals on the February 27 list). In July 1988, October 1988, and January 1989, these regulations will apply to more chemicals, and many more businesses will be affected. For example, the levels set for asbestos and lead are 100 fibers inhaled per day and 0.5 micrograms per day, respectively. These levels are well below the ability of today's commonly accepted technology to analyze. Technology aside, the levels set for each of these chemicals is now law, and compliance concerns must be addressed regardless of the difficulties inherent in low-level chemical detection and analysis. Clear and Reasonable Warnings Firms that know they may expose people to significant levels of listed chemicals have two choices: reduce the exposure levels and keep them below the significant levels provide clear and reasonable warnings to potentially exposed people for cancer-causing chemicals, the exposures, assuming lifetime exposure, will result in no more than one excess cancer in an exposed population of 100,000 (no significant risk level) for reproductive toxins, the Who is Affected? Proposition 65 applies to any business, profit or nonprofit, that employs at least 10 people. It does not apply to any city, county, state, or federal government entity, although there is at least one bill pending in the The regulations specify the various forms that clear and reasonable warning can take. In the case of affected consumer products, warnings may consist of signs at the point of sale or labels on the products (Continued on Page 10) -3- VVV 000014637 Proposition 65 (Continued from Page 3) themselves. Posting of warning signs or full compliance with state and federal hazard communication standards will fulfill workplace exposure requirements. Companies can provide warnings of "environmental" exposures by placing signs in the affected area, mailing notices to each occupant in an affected area, or by providing warnings through the public media (e.g., newspapers). Environmental exposures include those in the ambient air, water, and soil, and include airborne emissions from plants that reach or cross plant boundaries. The warning requirement creates a strong incentive for industries to conduct additional research on their processes and products. Obtaining actual knowledge of the presence or absence of listed chemicals in products, the work environment, or even at the plant's fenceline, is the only way businesses can begin to protect themselves from litigation. Risk Assessments and Compliance Firms seeking to evaluate their operations within the scope of Proposition 65 must ask two questions: does the business produce, use, or otherwise have in the workplace, a chemical listed by the state? is there an exposure route whereby someone could be exposed to the chemical at significant levels? If the answer to both questions is "yes," Proposition 65's requirements for warnings and prohibitions against chemical discharge apply. Clayton is currently helping many businesses answer these questions and develop strategies for Proposition 65 compliance. Typical steps toward compliance include performing an environmental audit to determine such things as chemical use, production practices, and workplace characteristics, followed by the collection and analysis of samples taken from products, raw materials, and the work environment. In this way, a business can determine its liability and responsibility under Proposition 65. Asbestos is a good example. Asbestos Asbestos is one of the cancer-causing chemicals currently regulated under Proposition 65. Since the compliance date of February 27, Clayton has received numerous calls from clients who have asbestos in their buildings or workplaces, and are unsure of their obligations under Proposition 65. ... the only thing certain is that some businesses will pay. Clayton believes that the mere presence of asbestos in a building does not automatically trigger Proposition 65 requirements. If the asbestos is in good condition or in inaccessible areas so that people are not exposed to asbestos fibers, the requirements may not apply. If the potential exists for anyone to be exposed to "significant levels" of asbestos, then ail Proposition 65 requirements apply. In this context, "significant levels" means any detectable level above background concentrations. Liability Issues Any violation of Proposition 65 could subject a business to the substantial penalties allowed under Proposition 65's citizen suit provisions. A willingness to employ this new avenue for litigation was evidenced by a workshop held in early February entitled "Winning Under Prop 65." The workshop, sponsored by environmental groups and attended by more than 200 lawyers, was designed to assist lawyers in winning cases and recovering civil penalties from businesses that do not comply with the new requirements. For companies to ensure compliance and prevent liabilities and lawsuits, Clayton recommends that surveys and appropriate sampling be conducted and documented. Because, under Proposition 65, almost anyone can bring a lawsuit without necessarily having to show harm, a conservative and well-defined approach to providing warnings and eliminating or carefully controlling chemical discharges is advisable. The regulations note that warning requirements for occupational exposures can be met by providing exposed employees with warnings that comply with all information, training, and labeling requirements of the federal and state hazard communication standards. It is unclear, however, whether existing thresholds for reporting chemicals on material safety data sheets (MSDS) will still be adequate (1% for hazardous chemicals and 0.1 % for carcinogens), because many Proposition 65 levels are below existing reporting thresholds. If an MSDS or label from a manufacturer does not contain information that a listed chemical is present in a product used in the workplace, the employer may not be "knowingly and intentionally" exposing workers. Both employers and those responsible for preparing MSDS, however, will be closely examining their potential liabilities. All businesses should be aware that noncompliance will not be monitored by state inspectors. Compliance will be enforced by attorneys retained by special interest groups, someone in the neighborhood, or an employee. The penalties for noncompliance are substantial, and the only thing certain is that some businesses will pay. Wtf 00G01463S SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 (PROPOSITION 65) CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICITY January 1, 1988 The Safe Drinking Water and Toxic Enforcement Act of 1986 requires that the Governor revise and republish at least once per year the list of chemicals known to the State to cause cancer or reproductive toxicity. Comments should be directed to the State's lead agency for implementation of the Safe Drinking Water and Toxic Enforcement Act: State of California Health and Welfare Agency , 1600 Ninth Street, Room 450 Sacramento, CA 95814 Note: (1) The identification number is the Chemical Abstracts Service (CAS) Registry Number. No CAS number is given when several substances are presented as a single listing. (2) The date.refers to the initial appearance of the chemical on the list.. CARCINOGENS Chemical ' V. 2-Acetylaminofluorene Acrylonitrile Adriamycin AF-2;[2-(2-furyl)-3-(5-nitro-2.-furyl)]acrylamide. Aflatoxins ortho -Aminoazotoluene 4-Aminodiphenyl 2 Amino-5-(5-nitro-2-furyl)-1,3,4-thiadiazole Amitrole ortho-Anisidine and ortho-Anisidine hydrochloride Analgesic mixtures containing phenacetin Aramite Arsenic (inorganic arsenic compounds) Asbestos Auramine Azaserine Azathioprine ........ Benz[a]anthracene Benzene Benzidine [and its salts] Benzo(b]fluoranthene Benzo(j]fluoranthene Benzo[k]fluoranthene Benzo(a]pyrene Benzotrichloride CAS Number 53963 107131 23214928 3688537 -- 97563 92671 712685 61825 90040 -- 140578 -- 1332214 492808 115026 446866 ' 56553 71432 92875 205992 205823 207089 50323 98077 Date July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 January 1, 1988 July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 February 27, 1987 February 27, 1987 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 February 27, 1987 February 27, 1987 July 1, 1987 July I, 1987 July 1, 1987 July 1, 1987 July 1, 1987 VVV 000014639 Benzyl violet 4B Beryllium and beryllium compounds N,N-Bis(2-chloroethyl)-2-naphthylamine (Chlornapazine) Bischloroethyl nitrosourea (BCNU) Bis(chloromethyl)ether 1,4-Butanediol dimethanesufonate (Myleran) beta-Butyrolac tone 1694093 -- 494031 154938 542881 55981 3068880 Cadmium and cadmium compounds Carbon tetrachloride Certain combined chemotherapy for lymphomas Chlorambucil Chlordecone (Kepone) 1-(2-Chloroethyl)-3-cyclohexyl-l-nitrosourea (CCNU) Chloroform Chloromethyl methyl ether (technical grade) 4-Chloro-or tho-phenylenediamine Chromium (hexavalent compounds) Coke oven emissions Conjugated estrogens para-Cresidine Cupferron Cycasin * Cyclophosphamide ^ 56235 -- 305033 143500 13010474 67663 107302 95830 -- -- -- 120718 135206 14901087 50180 Dacarbazine Daunomycin DDT (1,1,l-Trichloro-2,2-bis(p-chlorophenyl)ethane) Degraded Carrageenan (not food grade carrageenan) 2,4-Diaminoanisole sulfate 4,4'-Diaminodiphenyl ether 2,4'Diaminotoluene Dibenz(a,h]acridine ------------ Dibenz[a,j]acridine Dibenz fa,h]anthracene 7H-Dibenzo[c,g]carbazole Dibenzo[a,e]pyrene Dibenzo[a,hjpyrene Dibenzo[a,i]pyrene Dibenzo[a,1]pyrene l,2-Dibromo-3-chloropropane (DBCP) 3-3'-Dichlorobenzidine 3,3'-Dichloro-4,4'-diarainodiphenyl ether Diepoxybutane Di(2-ethylhexyl)phthalate 1,2-Diethylhydrazine Diethyl sulfate Diethylstilbestrol # Dihydrosafrole 3-3'-Dimethoxybenzidine (ortho-Dianiasidine) 4-Dimethylaminoazobenzene trans-2-[(Dimethylamino)methylimino]-5-f2-5-nitro-2 furyl)vinyl]-1,3,4-oxadiazole 3,3'Dimethylbenzidine (ortho-To11dine) 4342034 20830813 50293 -- 39156417 101814 95807 226368 224420 53703 194592 192654 189640 189559 191300 96128 91941 28434868 1464535 117817 1615801 64675 56531 94586 119904 60117 55733540 119937 July 1, 1987 October 1, 1987 February 27, 1987 July 1, 1987 February 27, 1987 February 27, 1987 July 1, 1987 October 1, 1987 October 1, 1987 February 27, 1987 February 27, 1987 January 1, January 1, October 1, 1988 1988 1987 February 27, 1987 January 1, 1988 February 27, 1987 February 27, 1987 February 27, .1987 January 1, 1983 January 1, 1988 January 1, 1988 February 27, 1987 January 1, 1988 January 1, 1988 October 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 July 1, 1987 October 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1983 February 27, 1987 January 1, 1988 January l, 1988 January 1, 1988 January 1, 1988 January 1, 1988 VVV 000014640 -3- Dimethylcarbamoyl chloride 1,2 Dimethylhydrazine Dimethyl sulfate 1,4-Dioxane Direct Black 38 (technical grade) Direct Blue 6 (technical grade) 79447 540738 77781 123911 1937377 2602462 Epichlo rohydrin Estradiol 17 B Estrone Ethinylestradiol Ethylene dibroraide 1,2-Dichloroethane (Ethylene dichloride) Ethylene inline Ethylene oxide Ethylene thiourea Ethyl methanesulfonate Formaldehyde (gas) Formylhydrazino-4-(5-nitro-2-furyl)thiazole 106898 50282 53167 57636 106934 107062 151564 75218 96457 62500 50000 3570750 Glyciaidehyde Gyromitrin (ace taldehyde me thylformylhydrazone) 765344 16568028 Hexachlorobenzene Hexachlorocyclohexane (technical grade) Hexame thylphosphoramide Hydrazine and hydrazine sulfate Hydrazobonzene 118741 -- 680319 302012 122667 Indeno f1.2.3-cd]pyrene Iron dextran complex - - 193395 9004664 Lead acetate 301042 Melphalan Kethoxsalen with ultraviolet A. therapy (PUVA) 2-Methylaziridine (propyleneimine) 4,4'Methylene bis(2-chloroaniline) 4,4'Methylenedianiline and its dihydrochloride Metronidazole Michler's ketone Mirex Mustard Gas 148823 298817 75558 101144 101779 443481 90948 2385855 505602 2-Naph thylamine 91598 Nickel refinery dust from the pyrometallutgical process Nickel carbonyl Nickel subsulfide 13463393 12035722 Nitrilotriacetic acid 139139 Nitrofen (technical grade) 1836755 Nitrogen mustard 51752 2-Nitropropane 108032 N-Nitrosodi-n-butylamine 924163 January 1, January 1, January 1, J anuary L, January 1, January 1, 1988 1988 1988 1988 im 1988 October 1, 1987 J anuary 1, 1988 J anuary 1, 1988 January 1, 1988 July 1, 1987 October 1, 1987 January 1, 1988 July 1, 1987 ^-- J anuary 1, 1988 J anuary 1, 1988 January 1, 1988 J anuary 1, 1988 J anuary 1, 1988 January 1, 1988 October 1, October 1, January 1, J anuary 1, J anuary 1, 1987 1987 1988 1988 1988 January 1, 1988 January 1, 1988 J anuary 1, 1988 February 27, 1987 February 27, 1987 J anuary 1, 1988 July 1, 1987 January 1, 1988 January 1, 1988 J anuary 1, 1988 January 1, 1988 February 27, 1987 February 27, 1987 October 1, 1987 October 1, 1987 October 1, 1987 January 1, 1988 January 1, 1988 January 1, 1988 January 1, 1988 October 1, 1987 vvv 00014641 -4- N-Nitrosodiethanolaraine N-nicrosodiethylamina N-nitrosodimethylamine p-Nitrosodiphenylaraine N-Nitrosodi-n-propylaraine N-nitroso-N-ethylurea N-nitroso-N-methylurea N-Nitrosomethylvinylamine N-Nitrosoraorpholine N-Nitrosonomicotine N-Nitrosopiperidine N-Nitrosopyrrolidine N-Nitrososarcosine 1116547 551S5 62759 156105 621647 759739 684935 4549400 59892 16543558 100754 930552 13256229 Oxymetholone 434071 Panfuran S Phenazopyridine and its hydrochloride Phenytoin and sodium salt of phenycoin Polybrominated biphenyls Polychlorinated biphenyls (containing 60 or more percent chlorine by molecular weight) Procarbazine and its hydrochloride Progesterone 1,3-Propane sultone beta-Propiolactone Propylthiouracil -- 136403 57410 -- ------ 366701 57830 1120714 57578 51525 Sodium saccharin 128449 'afrole 94597 Soots, tars, and lubricant base.oils and derived ------ products, specifically vacuum distillates, acid treated oils, aromatic oils, mildly solvent-refined oils, mildly hydrotreated oils, and used engine oils; and mineral oils, when used in occupations such as mulespinning. metal machining, and jute processing. Streptozotoein 18883664 Sulfallate 95067 2,3,7,8-TetrachLorodibenzo-para-dioxin (TCDD) Thioacetamide Thiourea Thorium dioxide ortho-Toluidine and its hydrochloride Toxaphene (polychorinated camphenes) 2,4,6-Trichlorophenol . Treosulfan Tris(l-aziridinyl)phosphinesulfide (thiotepa) Tris(2,3-dibromopropyl)phosphate 1746016 62555 62566 1314201 95534 - 8001352 --------------- 88062 299752 52244 126727 Urethane 51796 VinyL chloride 75014 January 1, October 1, October 1, 1988 1987 1987 January 1, January 1, October 1, 1983 1988 1987 October 1, 1987 J anuary 1, 1988 J anuary 1, 1988 January 1, 1988 J anuary 1, 1988 October 1, 1987 January 1, 1988 January 1, 1938 January 1, January 1, January 1, J anuary 1, January 1, 1988 1988 1988 1988 1988 January 1, January 1, January 1, J anuary 1, January 1, 1988 1988 1988 1988 1988 January 1, 1988 January 1, 1988 February 27, 1987 January L, 1988 January 1, 1988 January 1, 1988 January 1, 1988 J anuary 1, 1988 February 27, 1987 January 1, 1988 January 1, 1988 January 1, 1988 February 27, 1987 January 1, 1988 January 1, 1938 January 1, 1988 February 27, 1987 VW 000014642 -5- REPRODUCTIVE TOXICANTS Aminopterin Chlorcyclizine hydrochloride 1,2-Dibromo-3-chloropropane (DBCP) Diethylstilbestrol (DES> Diphenylhydantoin Ethyl alcohol in alcoholic beverages Ethylene oxide Etretinate Isotretinoin Lead Methyl mercury Thalidomide Valproate Warfarin 54626 32939 96128 56531 630933 64175 75218 54350480 4759482 -- -- 50351 99661 81812 July 1, 1987 July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 October 1, 1987 February 27, 1987 July 1, 1987<^_ July 1, 1987 February 27, 1987 July 1, 1987 July 1, 1987 July 1, 1987 July 1, 1987 VVV 000014643 TO: R. D. Gamblin FROM: DATE: T. G. Grumbles June 24, 1988 Interoffice SUBJ: PROGRESS REPORT VIS1A Communication 1. A preliminary review of OSHA's June 7 proposal to revise approximately 400 permissable exposure limits indicates an area of potential impact. The proposal includes dropping the Ethylene Dichloride exposure limit from 50 ppm to 1.0 ppm. Our current internal limit for EDC is 10 ppm. 2. We are continuing to work with the International Food Additives Council (IFAC) and Keller & Heckman to address the potential revocation of food grade status for by-product Muriatic Acid. Additional information from FDA indicates they may consider approving specific processes, including detergent alkylate. 3. Recent changes in the EPA pesticide inert policy may have an impact on the ability to sell certain surfactants into the pesticide inert ingredient market. Recent conversations with DuPont regarding two ethoxylates have brought this issue to our attention. Basically if a potential inert ingredient isn't previously recognized by EPA (on agency lists) then extensive data requirements may apply to get approval for use in the formulations. 4. Joe Ledvina and Tom Grumbles attended a CLER presentation at DIAL and a CLER steering committee meeting. 5. Michele Goodreau and Ron Edwards accompanied a Bureau of Explosives inspector on an audit of the LCCP and LCLAB rail operations. 6. A sample of Vista 47 Ink Solvent was sent to StillMeadow for skin toxicity testing. 7. On June 20, 1988 EPA removed titanium dioxide from the SARA Section 313 list of Toxic Chemicals. The delisting is EPA's first and is effective for the 1987 reporting year. Aberdeen, Blane and Premiere can now remove this material from their Annual Emissions Report due July 1 each year. 8. The contractor working on the development of standardized MSDS language submitted their work product for review. Armed with this information, we should be moving along quickly to generate new MSDS's for all Vista products. T. G. Grumbles aj o .308 00001*644