BILL ANALYSIS Ó SB 498 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Jerry Hill, Chair 2013-2014 Regular Session BILL NO: SB 498 AUTHOR: Lara AMENDED: April 2, 2013 FISCAL: Yes HEARING DATE: May 1, 2013 URGENCY: No CONSULTANT: Rachel Machi Wagoner SUBJECT : HAZARDOUS MATERIALS: GREEN CHEMISTRY SUMMARY : Existing federal law, uunder the Toxic Substances Control Act of 1976 (TSCA) : 1) Authorizes the United States Environmental Protection Agency (US EPA) to require reporting, record-keeping and testing requirements, and set restrictions relating to chemical substances and/or mixtures. 2) Requires the submission of health and safety studies which are known or available to those who manufacture, process, or distribute in commerce specified chemicals; but does not require testing. 3) Allows US EPA to gather information from manufacturers and processors about production/import volumes, chemical uses and methods of disposal, and the extent to which people and the environment are exposed. Existing California law : 1) Requires the Department of Toxic Substances Control (DTSC) to adopt regulations (the Safer Consumer Products regulations) to: a) Establish a process to identify and prioritize chemicals or chemical ingredients in products that may be considered a "chemical of concern." SB 498 Page 2 b) Establish a process for evaluating chemicals of concern in products, and their potential alternatives in order to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern, as specified. c) Establish a process that includes an evaluation of the availability of potential alternatives and potential hazards posed by alternatives, as well as an evaluation of critical exposure pathways. d) Requires that the regulations include life cycle assessment tools that take into consideration numerous factors as specified. e) Provides for the establishment of a Green Ribbon Science Panel, with expertise that includes fifteen disciplines (e.g. chemistry, environmental law, nanotechnology, maternal and child health) to advise on the development and implementation of the regulations and the Toxic Information Clearinghouse. 2) Requires DTSC to establish a Toxics Information Clearinghouse for the collection, maintenance, and distribution of specific chemical hazard traits and environmental and toxicological end-point data. 3) Requires the Office of Environmental Health Hazard Assessment to evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant data that are to be included in the clearinghouse. 4) Defines "consumer product" to mean a product or part of the product that is used, brought, or leased for use by a person for any purposes. "Consumer product" does not include any of the following: a) A dangerous drug or dangerous device as defined in Section 4022 of the Business of Professions Code. SB 498 Page 3 b) Dental restorative materials as defined in subdivision (b) of Section 1648.20 of the Business and Professions Code. c) A device as defined in Section 4023 of the Business of Professions Code. d) A food as defined in subdivision (a) of Section 109935. e) The packaging associated with any of the items specified in paragraph (a), (b), or (c). f) A pesticide as defined in Section 12753 of the Food and Agricultural Code or the Federal Insecticide, Fungicide and Rodenticide (7 United States Code Sections 136 and following). This bill : Exempts motor vehicles with a gross vehicle weight rating of less than 14,000 pounds and their component or replacement parts from the above regulation. COMMENTS : 1) Purpose of bill . According to the author Assembly Bill 1879 (Feuer) Chapter 559, Statutes of 2008 exempted four categories of products under the premise that these products are already heavily regulated by state and federal regulatory agencies: food, pharmaceutical drugs, medical devices and pesticides. According to the author, like products already exempted from the law, automobiles and their component parts are heavily regulated by a number of state and federal regulatory SB 498 Page 4 entities, including the National Highway and Traffic Safety Administration, the federal EPA, the California Environmental Protection Agency and the California Air Resources Board. The author asserts that discussions with DTSC over the years have not given the auto industry certainty that it will be able to design, develop, manufacture and assemble parts within the time constraints given to find an alternative. The author also states that the European Union is concerned with the extreme complexity of the proposed alternative assessment procedure and high administrative burdens related to implementation. According to the author, the automobile industry shares these concerns. Three years to turn around an alternative is unrealistic and could be problematic for the manufacturers of automobile parts. The author believes that this could potentially lead to jobs lost in manufacturing plants. 2) Chemicals in US Commerce . There are currently over 80,000 chemicals approved in United States commerce, with an additional 3,000 to 6,000 added each year. Each day, a total of 42 billion pounds of chemical substances are produced or imported in the U.S. for commercial and industrial uses. An additional 1,000 new chemicals are introduced into commerce each year. Approximately one new chemical comes to market every 2.6 seconds. Global chemical production is projected to double every 25 years. While the federal government, under TSCA, does maintain an inventory of chemicals used in the United States it does not test or approve the safety of a chemical on the market. The average U.S. consumer comes into contact with 100 chemicals per day. 3) The Toxic Substances Control Act (TSCA) . TSCA was enacted in 1976 to collect health and safety data on and regulate chemicals in commerce. However, over the last several decades numerous academic, legal, and scientific bodies have all concluded that TSCA has not served as an effective vehicle for the public, industry, or government to assess the hazards of chemicals in commerce. After decades of implementation, TSCA has largely failed to provide the necessary information to SB 498 Page 5 assess the health and environmental effects for tens of thousands of chemicals in commerce. In 2009 the Government Accountability Office found US EPA's implementation of TSCA to be "high-risk" because "US EPA has failed to develop sufficient chemical assessment information on the toxicity of many chemicals that may be found in the environment as well as tens of thousands of chemicals used commercially in the United States" and concluded by stating that Congress may wish to amend TSCA and extend the US EPA more explicit authority. There have been several unsuccessful attempts to amend TSCA by Congress in recent years. 4) Chemicals and Human Health Impacts . In 2009, the U.S. Centers for Disease Control conducted the Fourth National Report on Human Exposure to Environmental Chemicals which measured 212 chemicals in the blood and urine of a representative population of California. This study and other "body burden" studies quantify known chemicals in human tissues. Many of these chemicals identified in body burden studies have been correlated with cancer, decreased male and female fertility, obesity, and chronic diseases and, in animal models, have been shown to have causative effects. Chemicals play a role in chronic disease. For example, among children, chemical exposures contribute to 100% of lead poisoning cases, 10-35% of asthmas cases, and at least 2-10% of some cancers and 5-20% of neurobehavioral disorders. In the United States, the rate of varying chronic disease is increasing. In 2009, the President's Cancer Panel focused their annual report of environmental contributors to cancer. The reporting entitled "Reducing Environmental Cancer Risk: What We Can Do Now" stated that "the prevailing regulatory approach in the United States is reactionary rather than precautionary. That is, instead of taking preventive action when uncertainty exists about the potential harm a chemical or other environmental contaminant may cause, a hazard must be incontrovertibly demonstrated before action to ameliorate it is initiated. Moreover, instead of requiring industry or other proponents of specific chemicals, devices, or activities to prove their SB 498 Page 6 safety, the public bears the burden of proving that a given environmental exposure is harmful. Only a few hundred of the more than 80,000 chemicals in use in the United States have been tested for safety?. Weak laws and regulations, inefficient enforcement, regulatory complexity, and fragmented authority allow avoidable exposures to known or suspected cancer-causing and cancer promoting agents to continue and proliferate in the workplace and the community?. Existing regulations, and exposure assessments on which they are based, are outdated in most cases, and many known or suspected carcinogens are completely unregulated." 5) Green Chemistry in California . For more than a decade, California has struggled to fill in the gaps in TSCA chemical policy. The California State Legislature has considered nearly a hundred bills proposing chemical bans and broader chemical policies for California, heard testimony from "battling scientists" and was interested in developing a broader, more comprehensive approach to chemical policy. In 2003, the Senate Environmental Quality Committee and the Assembly committee on Environmental Safety and Toxic Materials commissioned a report from the University of California to investigate the current legal and regulatory structure for chemical substance and report on how a California chemical policy could address environmental and health concerns about chemical toxicity, build a long-term capacity to improve the design and use of chemicals, and understand the implications of European policy on the California chemical market. In 2006, the U.C. Berkeley authors presented the commissioned report, Green Chemistry in California: A Framework for Leadership in Chemicals Policy and Innovation and made a connection between weaknesses in federal policy, namely TSCA, and the health and environmental damage happening in California. The report broadly summarized their findings into what they called the "three gaps." a) Data Gap: There is a lack of information on which chemicals are safe, which are toxic, and what chemicals are in products. The lack of access to chemical data creates an unequal marketplace. California businesses SB 498 Page 7 cannot choose and make safer products and respond to consumer demand without ingredient disclosure and safety testing. b) Safety Gap: Government agencies do not have the legal tools or information to prioritize chemical hazards. Under TSCA only 5 chemicals out of 83,000 have been banned since 1976. The California Legislature has frequently addressed this problem by approving individual chemical bans. Chemical bans come before the Legislature because there are very few other mechanisms in place at the federal or state level that can remove harmful chemicals from the marketplace. c) Technology Gap: There is an absence of regulatory incentives, market motivation which stems from the data gap, and educational emphasis on green chemistry methodologies and technologies. In order to build a substantial green chemistry infrastructure, a coincident investment and commitment must be made to strengthen industrial and academic research and development. In 2007, the California Environmental Protection Agency launched California's Green Chemistry Initiative within DTSC. The California Green Chemistry Initiative Final Report released in December 2008 included the following six policy recommendations for implementing this comprehensive program in order to foster a new era in the design of a new consumer products economy - inventing, manufacturing and using toxic-free, sustainable products. a) Expand Pollution Prevention and product stewardship programs to more business sectors to focus on prevention rather than simple source reduction or waste controls. b) Develop Green Chemistry Workforce Education and Training, Research and Development and Technology Transfer through new and existing educational program and public/private partnerships. c) Create an Online Product Ingredient Network to disclose chemical ingredients for products sold in SB 498 Page 8 California, while protecting trade secrets. d) Create an Online Toxics Clearinghouse, an online database providing data on chemical, toxicity and hazard traits to the market place and public. e) Accelerate the Quest for Safer Products, creating a systematic, science-based process to evaluate chemicals of concern and identify safer alternatives to ensure product safety. f) Move Toward a Cradle-to-Cradle Economy to leverage market forces to produce products that are "benign-by-design" in part by establishing a California Green Products Registry to develop green metrics and tools for a range of consumer products and encourage their use by businesses. In 2008, Assembly Bill 1879 (Feuer) Chapter 559, Statutes of 2008 and Senate Bill 509 (Simitian) Chapter 560, Statutes of 2008 were signed by the Governor to implement together two key pieces of the Green Chemistry Initiative for California: 1) requiring DTSC to adopt regulations for the identification and prioritization and evaluation of chemicals or chemical ingredients in products that may be considered a "chemical of concern" and their potential alternatives; and 2) requiring DTSC and the Office of Environmental Health Hazard Assessment to establish a Toxics Information Clearinghouse for the collection, maintenance, and distribution of specific chemical hazard traits and environmental and toxicological end-point data and evaluate and specify the hazard traits and environmental and toxicological end-points and any other relevant data that are to be included in the clearinghouse. 6) Safer Consumer Products Regulations . AB 1879 mandates DTSC adopt the Safer Consumer Products regulations by January 1, 2011. The regulations have been a work in progress for several years. DTSC issued its first proposed regulations in June 2010, followed by several sets of revisions that drew criticism from both industry and consumer advocates. DTSC withdrew those proposed regulations in August, 2011. On July 27, 2012, DTSC issued a substantially revised version of the regulations with changes aimed at addressing much of the SB 498 Page 9 criticism. Following public comment to the July 2012 draft, DTSC made additional revisions, issuing revised regulations on January 29, 2013, made additional changes and released the most recent version on April 10, 2013. DTSC expects to have the final regulations adopted later this year. The following summarizes the key elements of the regulations: a) IDENTIFY - Immediate Establishment of List of ~1,200 "Candidate Chemicals" Upon Effective Date of the Regulations. The regulations include 23 separate Chemicals Lists. Chemicals on these lists display a hazard trait and/or have confirmed exposure through biomonitoring or other means. Upon adoption of the regulations these approximately 1,200 Chemicals become "Candidate Chemicals" by "operation of law." b) PRIORITIZE - DTSC Further Identifies and Prioritizes Product-Chemical Pairings to List Priority Products. The regulations require DTSC to further evaluate chemicals that are Candidate Chemicals and pair them with a consumer product containing one of more of these Candidate Chemicals to name Priority Products. Thus, a Priority Product is a product-chemical combination that consists of one or more Candidate Chemicals in a Consumer Product. Once the product-chemical combination is identified by DTSC as a Priority Product, the chemical that led to its listing as a Priority Product is now known as a Chemical of Concern. c) ALTERNATIVE ANALYSIS - The Responsible Entity for a Priority Product Conducts an Alternatives Analysis of Its Priority Product to See If It Can be Made with a Safer Alternative. The regulations require that once a Priority Product is listed by DTSC, the "responsible entity" for that product (i.e. manufacturer or importer) must conduct an Alternatives Analysis (AA). The AA is an evaluation of the Chemical of Concern in the Priority Product and comparison/evaluation of possible alternatives to the Chemical of Concern in the Priority Product. There are built in, numerous "off ramps" in the regulations that allow a responsible entity to comply by performing less SB 498 Page 10 than a full-blown Alternatives Analysis if other means of complying with the regulations are satisfied. The responsible entity must report to DTSC the results of its AA. d) REGULATORY RESPONSE - Upon Receipt of the Alternatives Analysis Reports, DTSC May Impose One or More Regulatory Response on The Priority Product or Any Selected Alternative. The regulations specify seven specific regulatory responses that DTSC may impose, depending upon the results of the AA and the alternative selected, if any. In addition to the possibility that no regulatory response may be required, the regulatory responses include: supplemental information requirements; product information for consumers; use restrictions on chemicals and products; product sales prohibition; engineered safety measures or administrative controls; end-of-life management requirements; and advancement of Green Chemistry and Green Engineering through the funding of grants. 7) Revisions to address the automobile manufacturing industry concerns . In response to comments received from the auto manufacturing industry, to accommodate the concerns raised by industry, DTSC made a series of revisions: a) For an assembled product, DTSC will list a component or components, not an entire product. b) Limited listing for a "complex durable good" (which includes automobiles) to no more than 10 components per product every 3 years. SB 498 Page 11 c) Changed the definition of "product" to exclude "historic products" (i.e., cars and other products that ceased to be manufactured prior to the date the product type is listed as a Priority Product). d) Assemblers (which include many automobile manufacturers) have been excluded from the definition of manufacturer, and thus they no longer have primary responsibility for compliance with the regulations. Definition of "assembler" was revised to include those who assemble components to repair or maintain a previously sold product (in addition to those who assemble components to create a new product). e) Authorized DTSC to allow a manufacturer up to 3 years to complete an Alternatives Analysis (AA) (instead of the one year plus a one-year extension); if the manufacturer demonstrates that this amount of time is needed to comply with regulatory safety and/or performance testing requirements for multiple alternatives prior to choosing which alternative to pursue. f) Clarified that the AA due dates apply to the submission of the AA Reports, not implementation of an AA decision. g) When imposing a regulatory response, DTSC will have the flexibility to consider whether or not the regulatory response should be applied to either of the following: o Priority Products ordered by a retailer prior to the effective date of the Priority Product listing, and still for sale as of the date of the final regulatory response determination notice. o Priority Products manufactured after the SB 498 Page 12 effective date of the Priority Product listing, but before the date of the final regulatory response determination notice. a) Added language to explicitly state that nothing in the regulations authorizes DTSC to supersede the requirements of another California state or federal regulatory program. b) Issued a Revised Initial Statement of Reasons (Revised ISOR) to remove catalytic converters as an example of a component that could be identified as a Priority Product (as opposed to an entire automobile). The automobile industry noted the change, and expressed support for it. c) For both the Alternatives Analysis and Regulatory Responses, the scope of evaluation and compliance is limited to the Chemical of Concern that led to the product being listed as a Priority Product and any newly introduced alternative chemicals. d) Restricted when DTSC may require additional information beyond that already provided in the Alternatives Analysis Report as one of the Regulatory Responses. e) Eliminated the provisions allowing DTSC to impose Regulatory Responses to situations other than those specifically set out in the regulations and the provision requiring the manufacturer to periodically revisit the effectiveness of the Regulatory Response(s) imposed. SB 498 Page 13 f) Provided that if a Chemical of Concern is removed, but not replaced with another chemical, no further evaluation of the Priority Product is required. 1) Additional revisions . There were other revisions requested by industry stakeholders in general which were endorsed by the automobile manufacturers. The most substantial of these changes are: a) The initial list of chemicals is now called "Candidate Chemicals" list rather than "Chemicals of Concern." The significance of this change is that the list of approximately 1,200 chemicals do not become "Chemicals of Concern" unless and until they are part of a product-chemical pairing listed by DTSC as a "Priority Product." b) Language has been added to confirm and clarify that the Priority Products list will be adopted as a rulemaking subject to the Administrative Procedure Act. c) An upfront applicability exemption has been added for products regulated under other laws and regulatory regimes that provide equivalent or greater protections with respect to the same public health and environmental concerns addressed by these regulations. SB 498 Page 14 2) Arguments in support . According to the UAW, four years ago, the UAW negotiated with President Obama to reform the nation's fuel economy law. The support states that under this historic achievement, fleets must average 54.5 MPG by model year 2025. According to the UAW, the members of the UAW are making the safest, cleanest and most fuel efficient vehicles in the world. According to the UAW, the American automotive industry is roaring back and leading the effort to pull our economy out of the Great Recession. The UAW is proud to be a vital part of this renaissance. According to the UAW, application of Green Chemistry to the design and production of vehicles will impede progress towards achieving the national standard by 2025. The UAW asserts that consumer safety and clean air may be jeopardized and efforts to achieve fuel economy may be disrupted. 3) Arguments in opposition . The opponents argue that the Safer Consumer Products regulations provide for the only program in California that has the authority to regulate the use of chemicals in cars. Excluding automobiles from this important program excludes a source of pollution and toxic exposure from regulatory review. The average driver spends over an hour a day in an automobile. Consumers deserve the same protection from toxic chemicals in their cars as they will receive in their homes or workplaces. The opponents believe that while auto emissions are regulated by the California Air Resources Board, the actual materials that are used to manufacture an automobile are not regulated. Toxic chemicals such as phthalates, lead, copper and flame retardants are all used to manufacture cars. The opponents cite that many of the chemicals in the signature "new car smell" can be harmful to human health, and toxic flame retardants can leach out of car seats every time a person sits down. Additionally, some of the heavy metals used in automobiles can pose an environmental hazard at the end of the car's life leaving the state with the job of ensuring these chemicals do not end up in our soil or waterways. It is for these reasons that the Legislature rejected the automotive industry's request for an exemption from this program when the authorizing legislation was approved in 2008. The opponents state that while the legislation was passed in 2008, regulations fully implementing the program have not yet been adopted. It would be premature SB 498 Page 15 for any industry to seek an exemption to a program that is not even established. Moreover, during the implementation process, DTSC has made several concessions at the request of the automotive industry including limiting the number of chemicals that will be prioritized per product in a given regulatory cycle and limiting the definition of manufacturer to exclude "assemblers" which effectively excludes car manufacturers. It is for these reasons that the opponents believe that it is critical that the program be allowed to move forward without alteration so that it can begin to do the important work the Legislature intended for it to do five years ago. 4) Should automobile manufacturers be exempted from the Safer Consumer Products Regulations ? AB 1879 (Feuer), considered and provided specified exemptions as listed above. When considering AB 1879 the automobile industry asked to be granted a similar exemption and the Legislature declined. Since enactment of AB 1879, the automobile manufacturing industry has continued to request an exemption from this process. They have been denied because there are components of automobiles that may warrant consideration under the Safer Consumer Products regulations. Furthermore, if analysis policies like those created by AB 1879 and SB 509 had been part of TSCA in 1976, there may have been greater protection of public health and the environment from potential harm caused by vehicle components. Asbestos in brake pads and linings, clutch facings, and gaskets . For many decades, asbestos has been used by the automotive industry in brake pads and linings, clutch facings, and gaskets. Millions of these products still remain on vehicles currently in use today, which poses a risk of asbestos exposure to current and former auto mechanics across the country. SB 498 Page 16 Although the health hazards of asbestos became public knowledge in 1977, asbestos dust continues to be a hazard in automobile components today. It was not until the 1990's that asbestos-free brake pads were introduced into commerce. Millions of cars and trucks still have asbestos-containing brakes and clutches, which were routinely used in older vehicles. Domestic automakers state that asbestos materials are no longer used in friction products, however, foreign manufacturers of after-market brake pads are under no federal economic or regulatory requirement to cease using asbestos materials. Although the use of asbestos and asbestos products has dramatically decreased in recent years, its use is not banned for historic uses in the United States and imported auto parts continue to contain asbestos materials. SB 346 (Kehoe), Chapter 307, Statutes of 2010 restricts asbestos and other toxic materials in automobile brake pads as of January 1, 2014, in California. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer and mesothelioma. It is estimated that more than six million mechanics have been exposed to asbestos in brakes since 1940, and those exposures are now resulting in about 580 excess asbestos-related cancer deaths a year. Had there been an analysis similar to that required by the Safer Consumer Products regulations, an alternative to asbestos containing automobile components could have been found and used sooner. Mercury and copper in automobile components . In recent years, the California Legislature has enacted several measures to specifically address environmental harm caused by automotive SB 498 Page 17 components. Mercury switches and copper in brake pads are two examples of automotive components that have been legislatively banned in recent years. These two issues are examples of where the Safer Consumer Products regulations could have appropriately applied to the automotive industry. SB 633 (Sher), Chapter 656, Statutes of 2001, among other things prohibits the sale of a vehicle, after January 1, 2005, containing a mercury-containing vehicle light switch and requires any mercury-containing vehicle light switch, as defined, that is removed from a vehicle to be subject to the regulations adopted by the Department of Toxic Substances Control regarding the management of universal waste and other applicable regulations, and requires DTSC to take specified actions with regard to the safe removal and disposal of those switches. At the time this bill was enacted, an estimated 130 to 180 tons of mercury were present in the hood and trunk switches of automobiles in use or at automotive recycling yards throughout the United States. This mercury often can enter the environment, and ultimately the state's waterways, directly through vaporization or spillage when broken during use, transportation, or disposal. The Brake Pad Partnership is a collaborative group of brake manufacturers, environmentalists, stormwater management entities, and regulators that originally came together to understand the impact on the environment of brake pad wear debris. Before the Partnership committed to investing significant state and private resources in technical studies, the Brake Manufacturers Council (BMC) and its members (primarily manufacturers of original equipment friction materials) agreed to introduce reformulated products if the technical studies indicated that copper in brake pads was contributing significantly to water quality impairment. The State Water Resources Control Board and Caltrans together contributed close to $1 million towards paying for the subsequent research into the issue. In late 2007 the Partnership completed a series of interlinked laboratory, environmental monitoring, and environmental modeling studies that indicated that brake pads are a substantial contributor to copper in runoff to the San Francisco Bay. As the technical studies' results emerged, the Partnership shifted its focus to determining an appropriate mechanism for reducing SB 498 Page 18 copper in brakes in California. Debris from friction materials containing copper are generated and released to the surrounding environment in the course of normal brake system operation. Tens of thousands of pounds of copper and other substances released from brake friction materials enter California's streams, rivers, and marine environment every year, contaminating urban watersheds across California. Dissolved copper is toxic to phytoplankton (the base of the aquatic food chain). It also impairs salmon's ability to avoid predators and deters them from returning to their home streams to spawn. Scientific studies have shown that a major source of copper in highly urbanized watersheds is material worn off vehicle brake pads. It is estimated that about one-half of the copper found in run-off is attributed to brake pads. SB 346 (Kehoe), Chapter 307, Statutes of 2010 restricts the use of copper, cadmium, chromium (VI)-salts, lead and its compounds and mercury and its compounds and asbestos in automobile brake pads. Indoor air quality of automobiles . There continues to be concern about adverse health and environmental impacts associated with chemicals used in automobile components. For example, according to a report issued by the Ecology Center in February 2012, "Several studies have investigated the concentration of volatile organic compounds (VOCs), brominated flame retardants (BFRs) and hydrocarbons in car interiors. Many of these levels exceeding indoor and outdoor air quality standards. These compounds are present in the interior fabrics and materials of the car (coatings, trims, leather, etc)?The average person spends about 5.5% of their time in automobiles during the work commute, recreation or other travel activities which makes it an important microenvironment for exposure to pollutant. The importance of this microenvironment has noted by the World Health Organization which has recognized interior air pollution of vehicles are a major threat to human health." SB 498 Page 19 12) The Purpose of the Safer Consumer Products Regulations . After nearly a decade of considering almost 100 bills relating to chemical bans and regulation, the Legislature enacted AB 1879 and SB 509 to institute a balanced scientific process for the consideration of an appropriate regulatory response for the state to take on specific chemicals of concern in consumer products rather than the yearly legislative consideration of bills to ban individual chemicals. Exempting specific products, such as automobiles, directly conflicts with the purpose of this law: to allow the regulatory and scientific process to determine whether a chemical in a consumer product should be evaluated and potentially regulated to protect public health and the environment. SOURCE : The Alliance of Automobile Manufacturers SUPPORT : California Chamber of Commerce International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, Region 5 (UAW) Specialty Equipment Market Association OPPOSITION : Breast Cancer Fund California Healthy Nail Salon Collaborative Californians for a Healthy and Green Economy Center for Biological Diversity Center for Environmental Health Clean Water Action CHANGE Coalition Environment California Planning & Conservation League Sierra Club California SB 498 Page 20