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.