Legislature(2009 - 2010)BUTROVICH 205
03/17/2010 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB193 | |
| SB172 | |
| SB295 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 193 | TELECONFERENCED | |
| *+ | SB 295 | TELECONFERENCED | |
| += | SB 172 | TELECONFERENCED | |
SB 295-FLAME RETARDANTS AND TOXIC CHEMICALS
2:03:04 PM
Chair Davis announced the consideration of SB 295.
MEGAN ROGERS, Intern to Senator Bill Wielechowski, said SB 295
will ban the use of Polybrominated diphenyl ethers (PBDEs) as
flame retardants in consumer products like mattresses, textiles,
and electronics. These chemicals are bio-accumulative and toxic
to humans and the environment. When PBDEs burn they can
potentially create more toxic substances, including a form of
dioxin, making them highly dangerous for firefighters battling a
blaze. Alternatives to their use are available and cost-
effective. Eleven states have proposed and four have enacted
PDBE policies prohibiting the manufacture, distribution and use
of products containing PBDEs.
SB 295 will empower the Department of Environmental Conservation
(DEC) to educate retailers to identify products that contain
these chemicals and fine companies that fail to comply with the
ban. The Department of Environmental Conservation (DEC) must
develop a list of chemicals of concern along with other
alternatives and every three years report on the progress of the
ban. Exemptions apply if the prohibited product is part of a
transportation vehicle or if the product is used in an
industrial mining process or a resold item.
Every year 50 million pounds of PBDEs are built into products in
North America even though it's a developmental toxin and
possible carcinogen. SB 295 attempts to protect Alaskans from
preventable exposure to these toxins.
2:07:28 PM
SENATOR PASKVAN asked if the intent is that this will apply to
household products or if it is intended to be more broadly
applicable to public buildings.
MS. ROGERS said most major name-brand companies already use
alternatives to PDBEs.
SENATOR WIELECHOWSKI added that the bill essentially says that
the use, manufacture or distribution of PBDE chemicals is
prohibited with the limited exceptions listed on page 2, lines
21-30. It just so happens that the majority of the products that
contain these chemicals are in households.
SENATOR PASKVAN asked if there's any evidence that banning these
chemicals would increase the frequency of fires or related
injuries.
MS. ROGERS deferred the question to Ms. Verbrugge with the
Department of Health and Social Services (DHSS).
2:11:00 PM
LORI VERBRUGGE, Department of Health and Social Services (DHSS),
said she is a toxicologist so her expertise relates to the
environmental behavior of PBDE chemicals and their effect on the
health on humans and animals. She doesn't have expertise to
answer the specific question regarding the possible increased
risk of fire and related injuries.
SENATOR PASKVAN asked if she has any anecdotal information that
would indicate an unintended consequence of banning PBDE
chemicals.
MS VERBRUGGE replied she hasn't heard anything to that effect.
2:12:33 PM
DR. DAVID HEIMBACH, Professor of Surgery, University of
Washington, said he takes care of all of the Alaskan burn
patients and there were about 35 last year. He said that he has
very strong feelings that sort of flame retardant should be used
in sleepwear and mattresses because people who don't have this
protection are at significant risk in the event of fire. He
related a story of a six-week-old baby whose crib mattress did
not have flame retardant. A dog knocked a candle into the crib
and the baby sustained a devastating 75 percent burn, but a
pillow in the bed had flame retardant and did not catch fire.
DR. HEIMBACH stressed that he is not "in the pocket" of anyone
who produces flame retardant, but he believes that having some
kind of flame retardant in products that are at risk of catching
fire is imperative. He related another incident of a 70 year old
woman whose chenille robe caught fire when she leaned over her
gas stove. She sustained a 35 percent total body burn. This was
devastating for the woman and her grandchildren who watched her
catch fire.
He urged the committee to think very carefully before completely
banning fire retardants. The Environmental Protection Agency
(EPA) is working with manufacturers to remove deca-BDE from
flame retardants by 2013 and he believes that it would be highly
premature for a state to ban their use before an alternative is
available.
2:16:53 PM
PATTI SAUNDERS, Director of Development, ARC of Anchorage,
stated strong support for SB 295. She explained that ARC of
Anchorage is a private not-for-profit organization that serves
people with developmental disabilities and mental health issues
so that they can lead rich and productive lives. She said she
and her coworkers would be happy to go out of business because
all preventable disabilities have been prevented, but they need
legislative help to address prevention. Learning and
developmental disabilities impact the quality of life for people
and their families and impose a financial burden on the state
through special education and increased health care costs. The
incidence of learning and developmental disabilities has been
rising rapidly. In fact, 7.3 percent of the public school
students in the Anchorage School District have disabilities.
Scientific evidence has proven that certain chemicals, including
deca-BDE, can cause learning and developmental disorders. Young
children's developing brains and bodies are particularly
susceptible to exposure and the damage can be permanent. PBDE
residues have been consistently found in tissue samples of new
mothers and their infants. Ingesting contaminated breast milk is
one of two major sources of PBDE exposure in children. This is
an issue worldwide, although North American women have the
largest average body burden of PBDE's. SB 295 will help protect
children from needless exposure to this toxic chemical. So much
in life can't be controlled but adults do have an obligation to
their children to take responsibility for things that can make a
difference. SB 295 can make a difference.
MS. SAUNDERS referenced the previous testimony and noted that
the International Association of Firefighters has gone on record
opposing the use of PDBEs because their use puts firefighters at
much higher risk.
2:22:56 PM
JIM GILL, representing himself, stated opposition to SB 295. He
personally knows people whose lives were saved because of fire
retardants. Until there's a better solution, the costs can
outweigh whatever benefit might be achieved by passing SB 295.
2:24:07 PM
GREG PATTERSON, representing himself, said he has been a
volunteer fireman much of his life. He carries burn victims out
of buildings and he strongly believes that people need the
protection provided by flame retardants. He questioned why the
ban is placed on some but not all products if these chemicals
are so dangerous, and suggested it might be better to wait until
the definitive research is finished before making this a law.
The benefits of these life-saving retardants might outweigh the
dangers of using them, but that won't be clear until the
research is done. While studies of these bio-accumulative toxins
do indicate danger, the Center for Disease Control has stated
that the conditions have to be ideal to enter the environment
and the exposure has to be acute and repeated. He urged the
committee to wait until all of the information is in before
making these chemicals illegal.
2:28:19 PM
KRISTIN RYAN, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), Alaska, said she
is available for questions.
2:28:38 PM
SARA HANNON, representing herself, said she recently became a
registered nurse and she is speaking in strong support of SB
295. It will phase out PBDEs and support the use of safer
alternatives that are already on the market. PBDEs are linked to
thyroid problems, which is significant because changes in
thyroid hormone levels affect almost all the systems in the
body. Since safer alternatives are available, there should be a
law supporting their use. During clinical rotations she learned
that some babies and children may spend a year or more in
hospitals sleeping on mattresses that may contain PBDEs. The
first day she rotated in the emergency room a woman came in with
an inhalation injury from her couch that was treated with flame
retardant and didn't burn. She later died and the physician and
nurses speculated that it was because she inhaled toxic fumes
from the couch. SB 295 makes a lot of sense, she concluded.
2:31:28 PM
PAMELA K. MILLER Executive Director, Alaska Community Action on
Toxics (ACAT), said she is a biologist speaking in support of SB
295. ACAT is a statewide environmental health organization that
conducts research and provides educational programs, technical
assistance, and training. She noted that she provided written
information about the harms related to this class of chemicals
and the strong support firefighting and health organizations
have expressed for the ban.
PBDEs are used in plastic casings of consumer electronics,
upholstered furniture, and mattresses, but there are safer and
effective alternatives. PBDEs are chemically similar to PCBs,
which have been banned for 30 years. They are persistent and
tend to accumulate in the bodies of animals and people.
Addressing fire safety, she said that phasing these fire
retardant chemicals out does not mean lowering safety standards.
Many electronic manufacturers have already adopted new materials
and designs that meet safety codes without relying on deca or
other bromanated flame retardants. These alternate products have
saved thousands of lives and their use has not been accompanied
by an increase in fires or fire casualties.
MS. MILLER said they know that people are exposed through
inhalation of indoor air and dust particles and through foods
that are contaminated with PBDEs. Exposure occurs in the uterus
and infants are exposed through the mother's breast milk. Over
time PBDEs have increased significantly in the bodies of people,
particularly in North America. Northern people are at greater
risk of exposure because these chemicals are transported through
wind and ocean currents and they tend to concentrate in the
flesh of animals that are used as traditional food sources.
Alaskans may also be at higher risk because their homes are
closed in more than homes in warmer climates.
PDBEs are known to harm neurodevelopment, reproduction, thyroid
function, and are implicated in immune system suppression. SB
295 is an important measure to protect the health of Alaskans,
particularly those fighting fires. It is especially important as
a measure to protect the health of children whose developing
brains are more vulnerable. SB 295 will not compromise fire
safety or harm Alaska businesses because of the prevalence of
safer alternatives. She urged passage.
2:37:22 PM
SENATOR PASKVAN asked if she has any information regarding
whether the ban of PBDEs would increase the frequency of hazards
or related injuries of fire.
MS. MILLER answered that in places where PBDEs have been banned
there has been no compromise in fire safety.
SENATOR PASKVAN referenced the testimony that cited the CDC
research and asked if the scientific community is divided on the
issue.
2:38:53 PM
MS. MILLER responded she believes that the consensus in the
scientific and health communities is quite clear and more
studies are coming out in peer review literature every day. The
EPA recognized the significant harm that deca and other
brominated flame retardants present and negotiated a voluntary
phase out with three major manufacturers. She reiterated that
there are effective, safe, and economical alternatives already
on the market. This bill is not about compromising fire safety.
That wouldn't be responsible, but it is responsible to phase out
this class of chemicals that are highly harmful to human health.
SENATOR PASKVAN summarized that she believes that fire safety
will be comparable and the health risks to Alaskans will be
reduced.
MS. MILLER agreed.
2:40:44 PM
SHARON WHYTAL, representing herself, said she is a registered
nurse who supports SB 295 and she would urge the committee to do
likewise. As a nurse, she is concerned about emerging science
linking PBDEs to adverse health effects including learning and
memory impairment, brain development, cancer, and thyroid
problems. Higher concentrations of these chemicals are found in
northern regions, but scientists are finding impacts at lower
concentrations.
SB 295 is an important measure to protect workers and the
general public. In fact, the American Public Health Association
has passed a resolution urging state and federal governments to
phase out the use of PDBEs in products manufactured in the U. S.
Safer alternatives are already available so fire safety wouldn't
be compromised by eliminating PDBEs. As a society we need to be
proactive about health issues; many other countries have already
taken this step, she concluded.
CHAIR DAVIS urged anyone who would like to submit written
testimony to do so before the meeting on Monday. She held SB 295
in committee.
| Document Name | Date/Time | Subjects |
|---|