Document 2q7YGm5w5XJwN28VVy4peRV2a

STATEMENT OF JOHN M. MONTGOMERY COUNSEL NATIONAL PAINT, VARNISH AND LACQUER ASSOCIATION BEFORE THE SUBCOMMITTEE ON HEALTH OF THE SENATE LABOR AND PUBLIC WELFARE COMMITTEE ON LEAD PAINT POISONING PREVENTION ACT (S. 3216) AND LEAD-BASED PAINT ELIMINATION ACT OF 1970 (H.R. 19172) NOVEMBER 23, 1970 0007-SWP-000005701 On behalf of the National Paint, Varnish and lacquer Association and its more than one* thousand members throughout the country, I appreciate this opportunity to submit a statement to the Senate Labor and Public Welfare Subcommittee on Health, in connection with the two legis lative proposals fS. 3216 and H.R. 19172), which you are considering tadoy. The National Point, Varnish and Lacquer Association is a trade association representing the manufacturers of mere then ninety (90) percent of the dollar volume of paints, varnishes, lacquers and allied products produced in the United States. In addition, the National Paint, Varnish and Lacquer Association is a spokesmen far the major suppliers of raw materials from which the industry's products are mode. At the outset, it should be made clear that the National Point, Varnish and Lacquer Associa tion strongly supports the progressive legislative proposals of Senator Kennedy, Representative Barrett, and some forty-five other sponsors in bath the Senate and House of Representatives for Federal financial assistance to States and their subdivisions far projects involving the detection and treatment of lead poisoning in children and far the rehabilitation of areas found to be seriously contaminated by old lead-based paints. We deem such Federal assistance to be vital -- to assist the several.States and major cities which have been applying their limited resources to the lead-point problem in varying degrees far a number of years and to permit the establishment of additional programs wherever needed. As I will discuss in mare detail later, the National Paint, Varnish and Lacquer Association and its members throughout the country for many years have maintained liaison with public health officials ond other authorities in various States and local jurisdictions to provide technical data, participate in the development and promotion of educational programs and aunt in any way possible in the growing 0007-SWP-000005702 Pog. 2. ffert to reduce and eliminate the incidence of load poisoning in children. Currently, as iaast fivo States and ton major citios, including tho District of Columbia, have laws, regulations or ordinances concerning the sale and use of lead-bearing paints. . Today, two separate bills are being reviewed by your Subcommittee, but the objectives of each bill are essentially the same. I would like to emphasise that the industry I represent endorses these basic objectives, end this view has been so stated on numerous prior occasions. However, certain language that was added to H. R. 19172 -- after public hearings by the House Banking end Currency Subcommittee on Housing on the predecessor bill (H. R. 17260) -- constrains us to present additional facts relevant to your review of this legislation and to attempt to clarify certain erroneous matters and possible misconceptions on the subject which may exist. t h e PROBLEM It should be made clear at this juncture that the problem of lead poisoning being considered by the Committee at this time is caused by children ingesting flakes or chips of eld lead-based paint, which still exists on poorly-maintained walls and ceilings, particularly in the slum neighbor hoods. Both S. 3216 and H.R. 19172 deal directly with this problem, i.e., the development and implementation of programs to detect and treat the eases of lead poisoning which result from the flaking chips of oid paint and crumbling piaster horn the interior surfaces of dilapidated residential housing built prior to World War II. In addition, and of equal importance, these bills would pro vide Federal financial assistance in developing and carrying out programs for the prompt elimination of lead-based paints from the interior surfaces of this old residential housing. 0007-SWP-000005703 3. If Is true that, prior to World War II, many structures wore pointed with points which conrained large amounts of basic carbonate or sulfate of lead (white lead). This type of point has not been used on interior surfaces for more than thirty (30) years. However, even though subsequent coats of point on the interior surfaces were non-toxic, the point chips or plaster from these deteri orating surfaces do contain some of the original toxic lead paint. This situation is most prevalent in slum housing where pointing maintenance is minimal or even non-existent. In such instances, children up to five years of age ore known to eat these chips of old paint or crumbling plaster. This is recognised now as the principal causa of childhood lead poisoning. Seventy to ninety percent of children so poisoned have been found to have a history of "pica" -- a disorder stemming from a compulsion to eat non-food materials such at dirt, wood, paint chips and plaster. Such children generally are found living in old pre-World War II housing and are especially susceptible to lead poisoning, far the many coats of paint on the walls and woodwork frequently con tain significant amounts of the old toxic points containing white lead pigments. This Statement does not presume to discuss the medical aspects of- lead poisoning for several medical witnesses at earlier hearing on this subject and before this Subcommittee have covered this matter accurately and in detail. The National Paint, Varnish and Lacquer Association endorses the work of these groups and, particularly, the dedicated efforts of public health officials ond the many volunteers who have worked tirelessly and with very limited resources to find solutions to the problems. TOXIC LEAP-BASED PAINTS NO LONGER USED ON INTERIOR SURFACES As stated before, the paint industry ceased using white lead as a basic ingredient of interior points more than 30 years ago when other white pigments were developed. There is no longer any purpose in using white lead pigments in paints intended far interior use since better white lod-free 0007-SWP-000005704 Poge A. pigments for this purpose now ore available at lower cost. When the industry voluntarily stopped making products for interior use with white lead pigments, interior points ceased to be a major cause of lead poisoning in properly-maintained dwellings; and, today, modem interior paints are safe coatings. Some lead-bearing coatings still are used today -- in structural steel primers, where they have unique value as rust-inhibiting agents, and in other exterior coatings for special uses. It is our hope that these proper uses of certain products of our industry will not be denied to the construction in dustry and to the public by overly-restrictive language, such as now exists in H.R. 19172, and which fails to differentiate between those structures on which leod-bearing paints are useful today end the exposed interior surfaces which are, in.fact, the ones requiring attention now and in the future. LABELING OF CONTAINERS At this point, it should be noted that those lead-bearing coatings still being used today to pro vide corrosion protection on steel surfaces and in other exterior coatings for special uses (as mentioned earlier) are labeled to caution against their use on toys, furniture, window sills or interior surfaces of rooms which may be used by children, even though not required under the Federal Hazardous Substances Act, which was developed by joint effort of government and industry representatives to provide pro tection far consumers by ensuring that adequate warnings as to toxic and other hazards would be placed on containers manufactured and sold for household use. However, even prior to the enactment of the Federal Hazardous Substances (Labeling) Act in i960, the paint industry hod anticipated the need for warnings on hazardous products, and hod been using such labeling -- voluntarily and without requirement of lew -- for about ten years. To facilitate compliance with the letter and intent of this Act, a series of labels were prepared by the National Faint, Varnish and Lacquer Association. After review and approval by the Food and Orua Administration 0007-SWP-000005705 Pag* s(th ogency having statutory responsibility under the Act), tha lobais were recommandsd for usa by the industry. Thasa lobais wara found to ba so complete and affactiva that FDA has usad them extensively for troining inspectors ond as guidalinas for enforcement of the low. Today, with af factiva administration of this Act by FDA ond, with industry cooperation, data!lad, proper and odequote labeling far products manufactured ond sold for household use has become a way of life in this country. The National Faint, Varnish and lacquer Association also has published a 634-page labeling guide for the industry. In addition to all the recommended labels, this book compiled pertinent laws and regulations affecting the paint industry. The original list of labels was extended in 1964 to include labels recommended for use with industrial products not covered by the Federal Hazadous Substances Act. These have served as a most satisfactory guide for the industry since that date and have enabled paint and coatings manufacturers to label ond sell their products with due regard to the safety of users, whether or net required to be labeled by law. The Food and Drug Administration, other government agencies having related responsibilities, industry officials and cognizant Congressional committees continually review the prescribed labels, in consonance with technological advances and human experience, to ensure that they continue to provide the requisite caution or waning far household products. At the present time, the Labeling Committee of the National Paint, Vanish and Lacquer Association has an ad hoc group reviewing all current industry labels in order to update and improve these labels, and, particularly, to strengthen the caution statement relating to the use of lead bearing paints. 0007-SWP-000005706 NATIONAL STANDARD DEVELOPED IN 1955 Another related but separate problem an this subject -- discussed briefly during examination of witnesses testifying an H.R. 17260 before the House Banking and Currency Subcommittee on Housing -- has to da with the amount of lead pigment or lead additives which should be used in modern interior paints today. In this regard, the paint industry has operated since I9S5 under a national standard which contains specifications to minimise hazvde to children from residual surface coating materials. This voluntary standard (ASA Standard Z66.1) was developed in 1955 -- under the sponsorship of the American Academy of ftsdiotries -- to deal with the toxicity hazards which may be encountered through the ingestion of dried coatings on articles or surfaces accessible to children. The standard was reviewed and approved by the American Standards Association (ASA) Sectional Committee on Prevention or Control of Hazards to Children. This ASA Sectional Committee was comprised of about 24 representatives of industry, government agencies and medical groups, all prominent leaders in their respective fields. The standard was revised,with minor changes, and re-issued in 1964. In 1966 the ASA was reconstituted as the United States of America Standards Institute (USASI). The name of the organization was changed again in 1969, at which time it became known as the American National Standees Institute. This voluntary standard (new referred to as an "ANSI" Standard) prescribes specifications for point to assure safety from toxic hazards to children with respect to coatings on articles or surfaces accessible to children. This standard has been followed by the industry sinoe its establishment in 1955, and has served since that time as o pattern for most statutes, regulations and ordinances deal ing with this subject. 0007 - SWP-- 000005707 ANSI Standard Z66.I - 1964 states, in partinant part, as follows: . "A liquid coating material to be deemed suitable, from a health standpoint, . for use an articles such as furniture, toys, etc., a fa interia use in dwell ing units where the dry film might be ingested by children: (1) Shall not contain lead compounds of which the lead content (calculated as Pb) is in exeats of one peroent of the total weight of the contained solids (including pigments, film solids, and driersfe" Although several states and local jurisdictions had adopted the prescribed levels contained in the voluntary standard, the bill introduced earligr this yea by Senatar Schweiker ($. 3941) was the first legislative proposal at the federal level dealing with the subject. S. 3941 provided fa the ad option of the allowable lead content level specified in Z66.I - 1964; and, in addition, it provided fa the assessment of civil penalties fa violation thereof as well as for the failure of the landlord a owner of the property to take stpes within a prescribed period to remove paint from the interia sur faces of dwellings when found to contain lead in excess of the prescribed limit. Certain provisions of Senatar Schweiker's bill (S. 3941) were incapanted in S. 4368 (the Housing and Urban Development Act of 1970), which was approved by the Senate an September 23, 1970. With only mina comment as to the definition of the tarn "lead-based paint" therein, the National taint. Vanish and Lacquer Association supports fully these provisions (Section 1004) of S. 4368, including the proposal added to provide fa a study regarding the health hazards of points containing lead chromate a molybdate pigments a colaatlon. However, our principal concern is that the most important provision of Senatar Schvmiker's bill, that relating to the elimination of old lead-based paint, was not included in Section 1004. e l imin a t io n o f t h e h a z a r d Ones again, the matter of principal concern to this Subcommittee at this time is the removal a elimination of the old lead-based paint from the dilapidated pre-World War II housing. And, we repeat that we consider Federal financial assistance to be vital, for the problem today is of such 0007-SWP-000005708 mognitude that most States and local jurisdictions do not hove sufficient resources to do the job olone. Unless tome financial omittance it provided, many landlords simply will abandon their property, thereby further contributing to the existing housing crisis among low-income families. No inexpensive method yet has been developed far removing old paint from walls. Remov ing the old paint by burning or by steam cleaning at best is marginal, and, even with such relatively simple procedures, is quite expensive in view of the high labor easts. Furthermore, many of the walls in this old housing are net structurally sound enough to permit a paint-removal operation. At the present time, the simplest and most direct approach teems to be a complete resurfacing through either fiberglass bonding or drywall and subsequent repainting with modern interior paints. DETECTION Of LEAD ON INTERIOR SURFACES Of equal, perhaps even greater, importance is the development of testing programs and equipment to detect the presence of lead-bearing paints on the interior surfaces of the residential housing. Chemical analysis of samples taken from these surfaces is possible but may be too slew to be practical. Also, the Ivge and expensive test equipment now available or under development may not be practical due to its bulk and delicate handling requirements. . Urgently needed was a small portable instrument that could be moved easily from room to room and from building to building to indicate on the spot the presence of lead. The National Paint, Vornish and Lacquer Association, working with the Atomic Energy Commotion and instrument manu facturers, has succeeded in developing such equipment. Another value of a program of th is type is the community-relations aspect wherein the residents may observe and understand that something is being done by their local government far their safety and health. 0007-SWP-000005709 Pegs 9. s u mma r y The principal coma of lead poisoning in children results from the ingestion of chips of point or crumbling piaster from-the deteriorating surfaces of interior walls and ceilings on which leadbased points were used more than 30 years ago. The rehabilitation of this substandard housing to remove or eliminate the hazard of the old lead-based paint requires priority attention in order to prevent further lead poisoning. Federal financial assistance, as proposed by the two bills before your Subcommittee (S. 3216 and H. R. 19172), would permit the development of effective programs to eliminate the causes of leod-beted paint poisoning. In addition, funding of research projects would accelerate current programs to develop means for testing interior surfaces of substandard housing for the presence of lead, and would determine optimum measures far rehabilitating these dilapidated structures. The National Faint, Vanish and Lacquer Association has given priority attention to these matters, and will continue to work closely with public health officials and other representatives of government agencies -- at the Federal, State and local levels -- to assist in solving the problems related to lead poisoning at the evliest passible time. Modern interior paints do not contain white lead pigments and are safe coatings. Exterior paints -- in which lead pigments are used toddy for corrosion protection of steel and for other special purposes -- are voluntarily labeled to caution against use on toys, furniture, window sills or interior surfaces of rooms which may be used by children. 0007-SWP-000005710 ACTION REQUESTED fsscJSL Agoin, I wont to itrtn that Ho Notionol Paint, Varnish and Lacquer Association and its members throughout the country support fully tho objectives of the legislative proposal* (S. 3216 and H. R. 19172) before the Subcommittee on Health of the Senate labor and IVblic Welfare Com mittee. However, in order to ensure that an effective law responsive to the pibllc need Is enacted, it is requested that both bills be modified, as necessary, so that the language therein cannot be misinterpreted to prohibit the proper use of lead-bearing points end coatings where they have unique value as rust-inhibiting agents on steel surfaces and for special uses on other exterior surfaces. In accomplishing the above and In identifying the specific structures to which tho "lead-based paint elimination problem" should be addressed today and In the future (the exposed interior surfaces of existing residential housing units), it is further requested that H.K. 19172 be amended so that the prohibitton addressed in Section 4 thereof shell apply only to dwellings to which the provisions of title VIII of the Act of April II, 1968 (foblic Law 90-284), relating to fair housing, are applicable on or after January I, 1969. This will provide for mare effective enforcement and for uniformity with other proposed federal legislation on the subject. To assist in obtaining the above-requested amendments, deemed most important to our industry, the Notional Point, Vvnish and Lacquer Association has provided copies of S. 3216 and H.R. 19172 to your Subcommittee staff, outlining the requested changes. We urge you to give these proposed amendments your serious consideration. 0007-SWP-000005711 (Suggested Letter) Dear Congressman (or Senator) : The Senate Labor and Public Welfare Committee it now considering several legislative proposals dealing with the problem of eliminating the hazard of lead poisoning related to the nroducts of our industry. Years ago, the paint industry made products containing quantities of lead pigments and compounds whieh,if ingested, especially by children, could produce lead ooitoning with its attendant hazardous effects. These products have not been marw- foetvred or sold by our industry for use on interior surfaces for more than 30 years due to the odvent of safer, more economical, non-toxic pigments and ingredients. The problem stems from the fact that many layers of the older*ype paints are found in substandard, poorly-maintained urban dwellings, which children have access to when the interior condition is such that peeling and flaking occurs. The matter is further compounded by the high incidence of a condition known as "pica", a compulsion to eat non-food materials such as dirt, wood, paint chips and plaster, which occurs frequently among the children inhabiting these dwellings. Modem interior paints are safe to use. Any paint product con taining more than 1% lead is elearty labeled to prevent its use on interior surfaces of dwell ings inhabited by children There ere exterior point products containing lead which are essential for the maintenance and nreservation of residential as well as commercial structures. These products are similarly 'abated end to restrict their use would be a serious detriment to the maintenance of property / in this country. . Our industry has long supported end provided leadership for action designed to eliminate the threat of lead poisoning to children. Such legislation, to be effective should be directed toward the basic problem; nomely, the removal of old point containing more than 1% lead from exposed interior surfaces of dwellings, especially those inhabited by children. To direct legislation 0007-SWP-000005712 (Suggested Letter) Poge 2.. \ foword the al!mir>orion of modern-day points on oxtarior surfoeas completely ignoras t'ha norura of tha problem whiia destroying o bosie and ossontiai product for proparty mointanenca. Your undarstonding and support, if such legislation roaches the floor of Congress, is sincerely requested. If you hove any questions on this subject, piease feel free to write or coll mo or if more convenient, Mr. Robert A. Roland, Executive Vice free!dent. National Paint, Varnish and Lacquer Association, Washington, D. C. Sincerely, 0007-SWP-000005713 SUGGESTED TELEGRAM Daor Safiator or Congressman : Lagillation bafora the Sanata Committee on Labor and feblic Welfare may toon roach tha floor of Congress for action. H. K. 19172, Lead-Rased feint Elimination Act of 1970 and S. 3216, Load feint feboning Prevention Act, or amended version* thoroof, eropratontly being contidarad. Wa support tha objectives of thb lagblotion, however, wa urge that it bo restricted to the real cause of lead poisoning; namely, old paint containing more than 1% lead, generally found in poorly-maintained or substandard housing. Modern interior points are safe and properly labeled. Exterior paints are properly labeled and not related to thb problem. Restrictions on exterior point products will seriously offset maintenance of dwellings and structures and in no way assist us in eliminating the basic problem. Request your consideration and support for proposals recognizing thb distinction. 0007-SWP-000005714 SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE Democrat*: Ralph W. YARBOROUGH Omirmon Jennings RANDOLPH Harrison A. WILLIAMS, Jr. Claiborne PELL Edward M. KENNEDY Gaylord NELSON Walter F. MONDALE Thomas F. EAGLE TON Alan CRANSTON Harold E. HUGHES City end State Austin, Texas Telephone: (Area Code - 202) 225-5922 Ekiia, West Virginia Westfield, New Jersey Newport, Rhode Island Boston, Massachusetts Madison, Wisconsin Minneapolis, Minnesota St. Louis, Missouri Las Angeles, California Ida Grove, Iowa 225-6472 225-4744 225-4642 225-4543 225-5323 225-5641 225-5721 225-3553 225-3744 Republicans: Jacob K. JAVITS Winston L. PROUTY Mar H. DOMINICK George L. MURPHY Richard S. SCHWEIKER William B. SAX BE New York, New York 225-6542 Newport, Vermont 225-2051 Englewood, Colorado 225-5852 Beverly Hills, California 225-3841 Worcester, Pennsylvania 225-4254 Mechanicsburg, Ohio 225-3353 * Indicates membership in Subcommittee on Health Address: Honorable United State* Senate Washington, D.C. 20510 Dear Senator: 0007-SWP-000005715