Notice of proposed rulemaking Title 27, California Code of Regulations Amendment to Section 25705 Specific Regulatory Levels Posing No Significant Risk: Chemicals Causing Reproductive Toxicity: Polychlorinated Biphenyls

On 13 April 2012, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed to adopt an updated No Significant Risk Level (NSRL) for polychlorinated biphenyls (PCBs), of 0.35 micrograms per day (food chain exposures) by amending Title 27, California Code of Regulations, section 257051. For carcinogens, an exemption from the warning requirement is provided by the Act when the exposure for which the person is responsible can be demonstrated to produce no significant risk, or when a discharge that otherwise complies with all applicable requirements would not cause any significant amount of the chemical to enter any source of drinking water (Health and Safety Code sections 25249.9 and 25249.10). The proposed updated NSRL for PCBs is based upon a risk assessment performed by the U.S. Environmental Protection Agency (U.S. EPA) that OEHHA has reviewed and determined to be consistent with Section 25703. The cancer potency values developed in the U.S. EPA risk assessment provide the basis for calculating the proposed NSRL (food chain exposures). OEHHA has also proposed to adopt a specific regulatory level having no observable effect for PCBs, and amend Section 25805. For chemicals known to the state to cause reproductive toxicity, an exemption from the warning requirement is provided by the Act when a person in the course of doing business is able to demonstrate that an exposure for which the person is responsible produces no observable reproductive effect, assuming exposure at 1,000 times the level in question (Health and Safety Code sections 25249.9, 25249.10 and 25249.11). The maximum dose level at which a chemical has no observable reproductive effect is referred to as the no observable effect level (NOEL). The Act also provides an exemption from the prohibition against discharging a listed chemical into sources of drinking water if the amount discharged does not constitute a “significant amount,” as defined, and the discharge is in conformity with all other laws and regulatory requirements (Health and Safety Code sections 25249.9 and 25249.11). Thus, these exemptions apply when the exposure or discharge in question is at a level that does not exceed the NOEL divided by 1,000. The proposed regulation would adopt the following regulatory level for PCBs which are known to cause reproductive toxicity into Section 25805: Chemical MADL, in units micrograms per day Reference Polychlorinated biphenyls (PCBs) 2.3 (food chain exposures) OEHHA (2012). The proposal is open for public comment until 28 May 2012. Further information on the proposal is available at: PCB proposal

California OEHHA, 13 April 2012 ;http://www.oehha.ca.gov ;