Proposed Prop. 65 Styrene Listing Challenged
An industry trade group has sued Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) to stop it from listing styrene as a carcinogen under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Styrene Info. & Research Ctr. v. OEHHA, No. 09-53089 (Cal. Super. Ct., Sacramento Cty., filed 07/15/09). According to the complaint, styrene does not cause human cancer, and its proposed Prop. 65 listing would cause the $28-billion-a-year industry “irreparable harm” by stigmatizing the chemical. It also alleges that OEHHA failed to comply with administrative procedures in interpreting and implementing Prop. 65, created secret interpretative standards and refused to consider new scientific evidence indicating that styrene is not “known to cause cancer.”
Styrene is used in milk and egg cartons, berry baskets, produce shipping crates, foodservice containers, plastic pipes, automobile parts, medical equipment, countertops, and many other products. To support its proposed styrene listing, OEHHA cited a 2002 International Agency for Research on Cancer monograph that called styrene “possibly carcinogenic to humans.” The Environmental Protection Agency has classified it as a suspected carcinogen, and the Occupational Safety and Health Administration says that exposure to styrene may affect the central nervous system and result in headaches, fatigue and dizziness. While the court has denied the industry’s request for a temporary restraining order, it has reportedly scheduled an August 12, 2009, hearing on its request for injunctive relief. See Inside EPA, July 24, 2009.
