BILL ANALYSIS Ó
AB 324
Page 1
Date of Hearing: March 2, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 324 (Bloom) - As Introduced: February 13, 2013
SUBJECT : Glass beads: lead and arsenic.
SUMMARY : Extends the sunset on requirements on lead and
arsenic-containing beads from January 1, 2015 to January 1,
2020. Specifically, this bill :
1)Extends the sunset on provisions relating to lead and
arsenic-containing beads from January 1, 2015 to January 1,
2020, including statute that:
a) Prohibits a person from manufacturing, selling, offering
for sale, or offering for promotional purposes glass beads
that contain 75 parts per million (ppm) or more of arsenic
or 100 ppm or more of lead by weight, if those glass beads
will be used with pressure, suction, or wet- or dry-type
blasting equipment;
b) Specifies testing methodology for arsenic and lead in
glass beads;
c) Specifies labeling requirements for containers and bags
of glass beads sold in this state for specified purposes;
and,
d) Provides that the statutory regulation of glass beads
does not exempt glass beads from further regulation under
the Green Chemistry statute.
EXISTING LAW :
1)Prohibits a person from manufacturing, selling, offering for
sale, or offering for promotional purposes glass beads that
contain 75 ppm or more of arsenic or 100 ppm or more of lead
by weight, if those glass beads will be used with pressure,
suction, or wet- or dry-type blasting equipment. (Health and
Safety Code (HSC) § 25258)
2)Requires that the weight percentage of arsenic and lead be
determined in accordance with EPA Method 3052, which may be
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modified, and with EPA Method 6010C, as those methods were in
effect on January 1, 2010, or with a generally accepted
instrumental method with traceable standards, including X-ray
fluorescence. (HSC § 25258)
3)Requires each container or bag of glass beads sold in this
state for surface preparation, including the cleaning,
peening, finishing, and deburring of aluminum and stainless
steel products, and that will be used with pressure, suction,
or wet- or dry-type blasting equipment, to be labeled as
specified. (HSC § 25258)
4)Provides that the statutory regulation of glass beads does not
exempt glass beads from further regulation under the Green
Chemistry statute (HSC Article 14, commencing with Section
25251). (HSC § 25258.1.)
5)Sunsets the provisions on lead and arsenic-containing beads on
January 1, 2015. (HSC § 25258.2.)
6)Under Green Chemistry statutes, requires the Department of
Toxic Substances Control (DTSC) to identify and prioritize
chemicals of concerns and to adopt regulations to evaluate
chemicals of concern in consumer products, and their potential
alternatives, to determine how best to limit exposure or to
reduce the level of hazard posed by a chemical of concern.
Authorizes DTSC to take specified regulatory actions to limit
exposure or to reduce the level of hazard posed by a chemical
of concern (HSC § 25251 et. seq.).
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the author, "By extending the
sunset on AB 1930 [De La Torre, 2010], the Department of Toxic
Substances Control will continue to prohibit glass beads
containing high levels of hazardous heavy metals from being
imported into and used in California. This will ensure the
safety of the California environment, nearby residents, and
industrial employees otherwise at risk of exposure to these
heavy metals."
Related uses of glass beads: Glass beads are used for a variety
of purposes, including as a reflective material for street
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striping. However, this bill relates to standards only for
beads that will be used with pressure or suction blasting
equipment or wet-type or dry-type blasting equipment. According
to the sponsor, these types of applications include surface
preparation for cleaning, peening, finishing and deburring of
aluminum and stainless steel products. Glass beads are also
used to finish eye glass frames and for deburring and preparing
the surfaces of medical instruments, such as needles used on
syringes. Finally, glass beads are used to remove residues on
automotive parts and to remove calcium buildup at the water line
of swimming pools.
Lead and arsenic: recognized hazards: Lead is listed under
California's Safe Drinking Water and Toxic Enforcement Act of
1986, commonly known as Proposition 65, as a substance that can
cause reproductive damage, birth defects and cancer.
Occupational overexposure to lead can cause subclinical and
clinical peripheral neuropathy [muscle weakness, pain, and
paralysis of extremities], disruption of hemesynthesis and
anemia, loss of kidney function, increased blood pressure,
nephropathy, reduced sperm count and male sterility, and
increase the risk of cancer.
Arsenic is listed under Proposition 65 as a chemical known to
the state to cause cancer and to cause reproductive toxicity.
Non-cancer effects of arsenic exposure include thickening and
discoloration of the skin, stomach pain, nausea, vomiting;
diarrhea; numbness in hands and feet; partial paralysis; and
blindness. Occupational overexposure to arsenic can increase
the risk of skin, lung and possibly lymphatic cancers and lead
to peripheral neuropathy and vascular disease [Reynaud's
phenomenon].
Arsenic in glass beads: According to DTSC, glass beads
containing lead and arsenic are a concern because the beads are
typically pulverized during use, which generates dust. Lead- or
arsenic-containing dust can be inhaled or ingested, thereby
exposing those performing the sandblasting, as well as other
people in the vicinity, to the toxic chemicals. In addition,
the dust can easily be disbursed onto land or into air and
water, potentially contaminating the surrounding environment and
ultimately harming people and wildlife.
Violations of arsenic and lead in glass beads standards :
According to the sponsors and to correspondence between them and
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DTSC, since AB 1930 was enacted, there have been at least two
incidents in which glass beads were tested and exceeded
statutory limits for lead and/ or arsenic. In one of these
incidents, tested beads contained 2880 ppm of lead (the
statutory limit is 100 ppm) and in another, tested beads
contained 132.7 ppm of arsenic (the statutory limit is 75 ppm).
In response to the latter incident, DTSC has filed a Notice of
Violation and an advisory to cease and desist the sale and
distribution of the tainted beads. The former incident is still
under review. The sponsors argue that these incidents are proof
that contaminated beads are still being sold in California and
that the statutory limits should remain in place to provide
further protection to the public.
Standards in the bill : This bill extends the sunset on the
prohibition of the manufacture, sale, or promotion of glass
beads that contain more than 75 ppm arsenic and 100 ppm lead by
weight. It also extends the sunset on the requirement that
weight percentage of arsenic and lead must be determined in
accordance with EPA 3052 modified and EPA 6010C or a generally
accepted instrumental method with traceable standards, including
X-ray fluorescence.
According to the sponsors, the standards set in statute
correlate to those set by the US Air Force (MIL PRF 9954C) and
the Society of Aeronautic Engineers (AMS 2431/6C). The sponsors
contend, "The arsenic and lead limits were chosen by the
military because they near the practical detection limit (PDL)
for the equipment used to analyze for them - in other words you
can be confident your value is accurate. It is illogical to set
it lower than PDL because 30ppm may actually be 0 while 10ppm
might actually be 45ppm. And we did not set it higher because
it is illogical to allow more arsenic and lead to be released.
In addition, if heavy metals are deliberately added to the glass
when it is manufactured, the heavy metals detected will be much
higher than the levels included in the bill." The sponsors
argue that the detection limit is still the same as it was in
2010, when AB 1930 was signed into law.
While it appears that branches of the United States' military
have set and maintained glass bead arsenic and lead standards
equivalent to those in statute, it remains unclear if the
standards set in statute are sufficiently protective of worker
and public health and of the environment. Is it appropriate to
set standards in statute, where they cannot be readily adjusted
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after consideration of new scientific evidence or of advances in
technology, or is it more effective to set standards through the
regulatory process, which is more dynamic?
REGISTERED SUPPORT / OPPOSITION :
Support
American Glass Beads Manufacturers Association
Potters Industries, LLC
Swarco America
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965