Happy Anniversary: 1,3-Dinitropyrene Becomes Subject to Prop 65 Enforcement on November 2, 2013

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Starting November 2, 2013, Proposition 65 enforcement actions may be taken against businesses for exposure to the chemical 1,3-dinitropyrene without a clear and reasonable warning.  1,3-dinitropyrene was added to the Prop 65 list of chemicals on November 2, 2012 as a chemical known to the state of California to cause cancer.  Under Prop 65, enforcement actions may not be taken for one year after the listing, so as the anniversary arrives on November 2, 2013 this chemical will become subject to enforcement actions.  1,3-dinitropyrene is an environmental contaminant that has been measured in engine exhaust and emissions from kerosene heaters and gas burners.

Also starting November 2, 2013, alpha-methyl styrene is actionable as a chemical known to the state of California to cause cancer, based on its November 2, 2012 listing.  Alpha-methyl styrene is used in the manufacture of plasticizers, resins and polymers.  However, for all practical purposes, the addition should not affect businesses’ obligations to warn about exposure to alpha-methyl styrene, as it was already listed in 2011 as a chemical known to cause reproductive toxicity.

The Office of Environmental Health Hazard Assessment (OEHHA) has not established any specific safe harbor levels for either 1,3-dinitropyrene or alpha-methyl styrene.

Conkle, Kremer & Engel routinely counsels clients on regulatory compliance, including compliance with Proposition 65.  We monitor the latest developments to Prop 65 in order to provide expert guidance to companies doing business in California.

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