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