BILL ANALYSIS Ó
AB 324
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 324
AUTHOR: Bloom
AMENDED: June 18, 2013
FISCAL: Yes HEARING DATE: June 26, 2013
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUMMARY : GLASS BEADS: LEAD AND ARSENIC
Existing law :
1)Pursuant to the Safe Drinking Water and Toxic Enforcement
Act of 1986, (Proposition 65), prohibits a person, in the
course of doing business, from knowingly and intentionally
exposing people to a chemical known to the state to cause
cancer or reproductive toxicity without first giving clear
and reasonable warning. The Governor must publish a list of
chemicals "known to the State of California" to cause
cancer, birth defects or other reproductive harm. Both lead
and arsenic are included on this list. No person can
knowingly discharge or release those same chemicals into any
source of drinking water. Specified exemptions are allowed,
such as when the exposure or discharge would not pose a
significant risk of cancer, or, for chemicals that cause
reproductive toxicity, would not have observable effect at
1,000 times the level in question.
2)Pursuant to several Health and Safety Code statutes, bans or
regulates lead content in a variety of consumer products,
such as candy, toys, tableware, packaging, children's
jewelry, plumbing, and glass beverage bottles.
3)Prohibits, until January 1, 2015, 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 and requires
glass beads sold in this state to be labeled as specified.
AB 324
Page 2
This bill : This bill extends the sunset date from January 1,
2015 to January 1, 2020 on the prohibition on the manufacture
or sale of glass beads containing hazardous heavy metals if
the beads will be used with blasting equipment and makes
technical changes to make this program consistent with other
enforcement programs.
Specifically, this bill extends the following provisions:
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.
2) Specifies testing methodology for arsenic and lead in glass
beads.
3)Specifies labeling requirements for containers and bags of
glass beads sold in this state for specified purposes;
4)Authorizes DTSC, upon receiving a warrant or consent, to
conduct enforcement activities.
COMMENTS :
1) Purpose of Bill . According to the author, "By extending
the sunset on AB 1930 [De La Torre, 2010], the Department
of Toxic Substances Control (DTSC) 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."
2) Uses of glass beads . Glass beads are used for a variety of
purposes, including as a reflective material for street
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.
AB 324
Page 3
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.
3) Hazards associated with lead and arsenic . Lead is listed
under Proposition 65 as a chemical known to 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].
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.
4) Violations of arsenic and lead in glass beads standards .
According to the sponsors and to correspondence between
AB 324
Page 4
them and 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 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.
5) Previous legislation . AB 1930 (De La Torre) Chapter 368,
Statutes of 2010, prohibits the manufacture or sale of
glass beads for use in certain kinds of blasting, if the
beads contain more than 75 ppm of arsenic or 100 ppm of
lead until January 1, 2015.
6) A variety of standards . The standards set in statute by
the original legislation, AB 1930, are presently used by
the US Department of Defense for the military. However,
both nationally and internationally, there is a range of
limits placed on lead and arsenic in glass beads and a
variety of additional heavy metals that are regulated. In
12 states, their Departments of Transportation have set
regulatory limits on glass beads used for highway painting,
which this bill does not specifically address.
The sunset date was added to AB 1930 by the Senate
Environmental Quality Committee suggesting that DTSC should
review current scientific research and establish the
appropriately protective standard through regulation. Is
it appropriate to extend the current statutorily prohibited
limits until 2020 without direction that the science of the
limits be reviewed?
An amendment should be taken to require DTSC to make
findings about the adequacy of these statutory limits and
give DTSC the statutory authority to adopt regulations
adjusting these limits as necessary.
AB 324
Page 5
SOURCE : Potters Industries, LLC
SUPPORT : American Glass Beads Manufacturers Association
California Association of Professional
Scientists
Chemical Industry Council of California
Swarco America
OPPOSITION : None on file