California EPA Proposes Amendment to Regulation on Titanium Dioxide Levels for Proposition 65 Compliance

The California Environmental Protection Agency's Office of Environmental Health Hazard Assessment (OEHHA) has proposed an amendment to Section 25705(c)(2) of the California Code of Regulations regarding Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. This amendment concerns specific regulatory levels for titanium dioxide, particularly airborne, unbound particles of respirable size. The proposed regulation establishes a No Significant Risk Level (NSRL) for titanium dioxide, with different levels based on particle size. The NSRL is set at 440 micrograms per day for particles with diameters of 10 micrometers or less, and 44 micrograms per day for particles with diameters of 0.8 micrometers or less. The notice provides information on how the public can submit comments and requests for a public hearing. It also clarifies that compliance with the NSRL is voluntary for businesses, providing guidance for those who choose to rely on it. The basis for the proposed NSRL is outlined in the Initial Statement of Reasons, available upon request. The NSRL is established based on a federal risk assessment conducted by the National Institute for Occupational Safety and Health (NIOSH).