03/12/2012 12:30 PM Senate JUDICIARY

         SB 180-NATURALLY OCCURRING ASBESTOS IN GRAVEL                                                                      
                                                                                                                                
1:21:04 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 180 and asked for                                                               
a motion to adopt the work draft committee substitute (CS).                                                                     
                                                                                                                                
1:21:41 PM                                                                                                                    
SENATOR WIELECHOWSKI moved  to adopt the proposed CS  for SB 180,                                                               
labeled 27-LS1219\D, as the working document.                                                                                   
                                                                                                                                
CHAIR  FRENCH announced  that without  objection,  version D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
DAVID SCOTT, staff  to Senator Donny Olson, introduced  SB 180 on                                                               
behalf of the  sponsor. He explained that the  bill regulates the                                                               
use of  gravel that contains naturally  occurring asbestos (NOA).                                                               
This gravel is used primarily  for transportation projects and is                                                               
very prevalent in  certain areas throughout the  state. Since NOA                                                               
was found  in the gravel  in the Ambler  area of the  upper Kobuk                                                               
Valley, all construction has stopped.                                                                                           
                                                                                                                                
CHAIR  FRENCH asked  when it  came to  light that  gravel in  the                                                               
Ambler area contained NOA.                                                                                                      
                                                                                                                                
MR.  SCOTT estimated  it was  in early  2000, and  confirmed that                                                               
construction projects  have been  on hold since  then. Continuing                                                               
the  introduction, he  explained that  the bill  offers liability                                                               
immunity to  the state and  contractors that follow  the standard                                                               
operating procedures of the state.                                                                                              
                                                                                                                                
1:24:21 PM                                                                                                                    
CHAIR FRENCH observed  that the immunity would be  to hold anyone                                                               
harmless for what  may be deleterious health  effects of exposure                                                               
to naturally occurring asbestos.                                                                                                
                                                                                                                                
MR.  SCOTT   reiterated  that  the  immunity   was  dependent  on                                                               
following the  established procedure. Anyone who  does not follow                                                               
the procedure or decides to  use gravel that contains NOA without                                                               
getting plan  approval from the Department  of Transportation and                                                               
Public Facilities  (DOTPF) would be  liable for any  civil action                                                               
brought forward.                                                                                                                
                                                                                                                                
CHAIR FRENCH  asked if naturally occurring  asbestos presents the                                                               
same health  issues as asbestos that  has been used in  paint and                                                               
insulation.                                                                                                                     
                                                                                                                                
MR.  SCOTT  deferred the  question  to  representatives from  the                                                               
Department  of Environmental  Conservation (DEC),  the Department                                                               
of   Health  and   Social  Services   (DHSS)  or   Department  of                                                               
Transportation and  Public Facilities (DOTPF). He  noted that the                                                               
bill   defines  naturally   occurring  asbestos   as  ["asbestos-                                                               
containing material  that has not  been processed in  an asbestos                                                               
mill."]                                                                                                                         
                                                                                                                                
1:26:08 PM                                                                                                                    
CHAIR FRENCH  asked if NOA occurs  in gravel in areas  other than                                                               
the Ambler region.                                                                                                              
                                                                                                                                
MR. SCOTT answered  yes; it is found throughout the  state and is                                                               
prevalent in areas that have concentrations of jade.                                                                            
                                                                                                                                
1:26:52 PM                                                                                                                    
DOCTOR  JOE  MCLAUGHLIN,   state  epidemiologist,  Department  of                                                               
Health and Social  Services (DHSS), stated that  the concern with                                                               
asbestos is that  it is hazardous to humans in  any form, and can                                                               
cause   lung  cancer,   mesothelioma,   and  non-malignant   lung                                                               
conditions such as asbestosis.  Naturally occurring asbestos does                                                               
not  present a  health  threat if  it is  not  disturbed, but  if                                                               
natural  weathering  or human  disturbance  breaks  the NOA  into                                                               
microscopic fibers  it can readily  become airborne  and inhaled.                                                               
That is  cause for  concern. In  general, longer,  thinner fibers                                                               
are more toxic  and irritating to the alveoli. The  good news for                                                               
Ambler is  that the  type of asbestos  found there  is considered                                                               
the least toxic of the six  major asbestos fibers. However, it is                                                               
not non-toxic.                                                                                                                  
                                                                                                                                
1:28:44 PM                                                                                                                    
SENATOR PASKVAN  asked if it  is an issue  to dig the  gravel and                                                               
put it  on a roadway  that would be  subject to wear  and natural                                                               
erosion.                                                                                                                        
                                                                                                                                
DR.  MCLAUGHLIN said  yes; health  concerns are  the reason  that                                                               
projects in the Ambler area have languished.                                                                                    
                                                                                                                                
1:29:29 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  if  there was  any  safe  level  of                                                               
asbestos exposure.                                                                                                              
                                                                                                                                
DR. MCLAUGHLIN said no; from  a human health standpoint, there is                                                               
no save level of airborne  exposure to asbestos. The U.S. Centers                                                               
for Disease Control and Prevention  (CDC), the U.S. Environmental                                                               
Protection  Agency  (EPA),  and  all health  departments  in  the                                                               
country have raised this concern.                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  the   typical  latency  period  for                                                               
getting  asbestosis,   mesothelioma  or   other  asbestos-related                                                               
diseases.                                                                                                                       
                                                                                                                                
DR. MCLAUGHLIN  replied most asbestos-related diseases  occur 10-                                                               
40 years after the first exposure.                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI  mentioned  the immunity  provided  in  the                                                               
bill, and  asked if there  would be  a risk of  airborne asbestos                                                               
from NOA containing gravel that is been used on a roadbed.                                                                      
                                                                                                                                
DR.  MCLAUGHLIN replied  there is  always a  risk when  naturally                                                               
occurring  asbestos is  airborne.  He  offered his  understanding                                                               
that  the  bill seeks  to  establish  an analytic  threshold  for                                                               
detection  of NOA  in gravel,  modeling the  California law  that                                                               
says that gravel  that contains less than .25 percent  NOA can be                                                               
used  for   surfacing  roads.  He   described  the   process  and                                                               
calculations for  determining the analytical detection  limit. If                                                               
a fiber  of asbestos is found  in one of 400  point observations,                                                               
that calculates  to .25 percent  of naturally  occurring asbestos                                                               
in that  substrate [1/400 X 100]  and the gravel cannot  be used.                                                               
If  no  fibers are  detected,  the  level  of  NOA is  below  the                                                               
analytical threshold level and the gravel can be used.                                                                          
                                                                                                                                
CHAIR FRENCH asked what percent  of asbestos occurs in the gravel                                                               
in the Ambler area.                                                                                                             
                                                                                                                                
DR.  MCLAUGHLIN said  it  depends  on the  site  tested, but  the                                                               
concentrations range from greater than  or equal to 10 percent to                                                               
less than 1 percent. He noted that  he did not have the data from                                                               
the most recent DOTPF tests.                                                                                                    
                                                                                                                                
CHAIR  FRENCH  asked if  any  process  could separate  even  some                                                               
asbestos from the gravel.                                                                                                       
                                                                                                                                
DR. MCLAUGHLIN deferred to DOTPF.                                                                                               
                                                                                                                                
1:34:30 PM                                                                                                                    
CHAIR  FRENCH asked  if the  California standard  presupposes the                                                               
use of gravel containing NOA in pavement or for all purposes.                                                                   
                                                                                                                                
DR. MCLAUGHLIN offered  to send a copy of the  ATCM for Surfacing                                                               
Applications, the California document  that lists exemptions. One                                                               
is that  NOA containing gravel  may be  used on unpaved  roads in                                                               
rural areas where an alternative is not available.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI asked if the  federal limit for using gravel                                                               
containing  NOA was  similar  to  .25 percent,  and  the type  of                                                               
safety gear workers would need to wear.                                                                                         
                                                                                                                                
DR. MCLAUGHLIN said  the federal agencies have  not established a                                                               
safe threshold  for exposure to  naturally occurring  asbestos so                                                               
it is  a zero threshold  toxin from the human  health standpoint.                                                               
However,  the  federal  government   does  regulate  the  use  of                                                               
asbestos  to   protect  human   health.  He   described  specific                                                               
regulations and guidelines in detail.                                                                                           
                                                                                                                                
1:38:20 PM                                                                                                                    
CHAIR FRENCH announced that he would hold SB 180 in committee.