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ISSUE 7 | FALL 2015

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SuStainability PS Curbside Recycling at Work long term Markets for Recycled EPS 4-5 ISSUE 7 | fall 2015 advance innovative EPS product solutions that contribute to a sustainable future 1298 Cronson blvd. • Suite 201 • Crofton, MD 21114 • (800) 607-3772 • www.epsindustry.org • info@epsindustry.org W hether Californian's are pumping gas or buying a fillet of salmon, their eyes have no doubt landed on an ominous sign documenting the presence of "chemicals known to the State of California to cause cancer and birth defects or other reproductive harm." These alarming notices began appearing in the state in 1986 thanks to Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986, which prohibits businesses from discharging potentially harmful chemicals in drinking water and requires them to disclose the presence of such chemicals. Prop 65 is administered by the Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency (Cal/EPA). Originally intended to protect citizens and the environment from the dangers posed by hazardous substances in consumer products, it has morphed into an ambiguous and vague law that draws controversy over whether or not it actually benefits consumers and businesses in California. Prop. 65 supporters say the law is crucial to ensure accountability among manufacturers and retailers whose products contain chemicals that are harmful. Although the law relies on citizen enforcement – anyone can bring a suit – the California attorney general has taken the lead on significant cases. Opponents say the law has been a boon not only to environmental and public health advocates but to plaintiff lawyers, who have reaped significant settlements on chemicals that have never been proven to cause any harm. The California Attorney General's Office 2013 Report on Proposition 65 Settlements confirms what most businesses already know: Proposition 65 continues to be a thriving business for self-appointed plaintiffs and their lawyers, who make millions of dollars in the name of the "public interest." The report shows that only one-tenth of all the money collected by self-appointed enforcers went to the State of California. The rest of the money went to the bounty hunters and their lawyers. As it stands the law allows anybody to bring a case by finding a listed chemical in a product even if it is present in an amount 1,000 times below the 'no observable effect' level. Although PROP 65 WARNINGS - HELPFUL OR HURTFUL? builDing & ConStRuCtion EPS High Performance growth Projections 6 tECH talk new insulation guide for thick Wall assemblies 9 PaCkaging & innovation a new generation of insulated Pallet Shipper EPS-you're so Classic EPS Helps Farm a better Fish 7-8 1 Newsline

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