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State Water Board Proposes Even Tighter Monitoring Standard for Perchlorate

The State Water Resources Control Board (SWB) has proposed phasing-in a stricter standard for monitoring perchlorate levels in drinking water.

State Water Board Revises Proposed Toxicity Provisions to Protect Aquatic Life

The State Water Resources Control Board (SWB) has issued revised draft regulations that will set a statewide standard for protecting aquatic life from toxic pollutants.

CHEMICAL OF THE MONTH: Bisphenol A (BPA)

Bisphenol A (BPA) is commonly used to manufacture polycarbonate plastics which are found in food and beverage containers, dinnerware, safety equipment, toys, and other products.

State Water Board Orders Sewage Treatment Plants to Test for PFAS

The State Water Resources Control Board has taken another step in its effort to understand the extent of per-and polyfluoroalkyl substances (PFAS) contamination in state waters, ordering publicly-owned treatment works (POTW's) to monitor and report PFAS levels.

OEHHA Issues Fact Sheets on Gentian Violet and Antimony Trioxide

The Office of Environmental Health Hazard Assessment (OEHHA) has issued fact sheets on two Proposition 65-listed chemicals—gentian violet and antimony trioxide.

Appeals Court Largely Upholds First Verdict in Roundup Litigation

A California appellate court has largely upheld the first trial court decision involving allegations that prolonged exposure to the Roundup brand of glyphosate-based pesticides caused the plaintiff’s non-Hodgkin's lymphoma cancer.

Bayer Backs Off Class Action Portion of Recent Roundup Settlement

Last month the Bayer Corporation announced a settlement of the majority of the suits and claims alleging that its widely-used pesticide Roundup is responsible for the claimants' cancer.

Environment Groups Sue Over New Methylene Chloride Assessment

In June, U.S. EPA released the first final risk evaluation under the 2016 amendments to the Toxic Substances Control Act.

60-Day Notice Trends – Environmental Exposures to Hexavalent Chromium from Metals Processing Facilities

A series of Prop. 65 notices alleging environmental exposures to hexavalent chromium were served in late June and early July 2020. The notices allege that metals processing and treating facilities located in Southern California expose individuals near the facilities to hexavalent chromium without warning.

OEHHA Again Proposes Naturally Occurring Lead Levels for Chili and Tamarind Candies

The Office of Environmental Health Hazard Assessment (OEHHA) has re-issued a proposed rule to set the level of lead that is naturally-occurring in candies flavored with chili or tamarind.

Third District Court Of Appeal Upholds DINP Listing

On June 10, 2020, the Third District Court of Appeal issued an opinion authored by Justice Vance W. Raye, in ACC v. OEHHA. The opinion affirmed the trial court's decision in full, rejecting the American Chemistry Council's (ACC) challenge to OEHHA's listing of diisononyl phthalate (DINP) as a carcinogen under Proposition 65.

Attorney General Becerra Objects to EPA's Risk Evaluation for PERC

On July 6, 2020, California Attorney General Xavier Becerra, along with fourteen other state Attorneys General, sent a comment letter to the EPA strongly objecting to EPA's draft risk evaluation for perchloroethylene ('PERC").

OEHHA Finalizes Safe Harbor for Chlorpyrifos

The Office of Environmental Health Hazard Assessment (OEHHA) has announced that the Office of Administrative Law has approved its recently adopted Proposition 65 Maximum Allowable Dose Levels (MADLs) for the pesticide chlorpyrifos.

DTSC Rejects Claims by SPF System Manufacturers Over Adequacy Of Alternatives

The Department of Toxic Substances Control has sent a Notice of Deficiency to each manufacturer of spray polyurethane foam systems with unreacted methylene diphenyl diisocyanates (MDI)—known as SPF Systems, who filed an Abridged Alternatives Analysis (Abridged AA) pursuant to the Department's Safer Consumer Products (SCP) program.

Bayer Settles Most of Roundup Claims

The Bayer Corporation, headquartered in Germany, has resolved most of the claims lodged against it based on exposure to its widely-used pesticide Roundup.

Attorney General Asks Private Enforcers to Grant Requests for Extensions of 60-Day Notice Period Due to COVID-19

On June 5, 2020, the Attorney General sent a letter to 28 law firms representing private Prop. 65 enforcers. The letter, authored by Supervising Deputy Attorney General Harrison M. Pollak, asks Prop. 65 private enforcers to cooperate with Public Prosecutors and alleged violators in extending the 60-day notice period for "60-day notices issued during, or shortly before, [Governor Newsom's] emergency proclamation."

State AGs Push EPA to Broaden Proposed Drinking Water Standard for PFAS

California Attorney General Xavier Becerra has joined with the AGs of 21 other states to applaud U.S. EPA's proposal to establish national drinking water standards for two per- and polyfluoroalkyl substances (PFAS).

Methylene Chloride Final Risk Assessment is First Under Revised TSCA

U.S. EPA has made methylene chloride the first existing chemical to have a final risk assessment under the 2016 version of the Toxic Substances Control Act (TSCA).

Federal Judge Issues Final Injunction Banning Prop. 65 Warning for Glyphosate

On June 22, U.S. District Court Judge William Shubb issued his final ruling in National Association of Wheat Growers v. Zeise, banning enforcement of the requirement that manufacturers of glyphosate containing pesticides attach a Proposition 65 cancer warning to their products.

Attorney General Issues Letters to Private Enforcers Finding Notices Regarding Laboratory Chemicals and Phthalates in Cables Lack Merit

In April and May 2020, the Attorney General sent letters to two private Proposition 65 enforcers. The letters, authored by Deputy Attorney General Susan Fiering, advised attorneys Benjamin D. Weston and Gregory Sheffer that certain 60-day notices they served lacked sufficient factual information to establish the bases for the certificates of merit. The Attorney General thus requested that the notices be withdrawn.