Document B5Rd8zy1NXZ7x9xGYkjVKk2Ek

National Paint. HarmsIj and Harqurr Assonation o f f ic er s pRCRtoRNT- R. A. HALM. OER KAINU . VICt PRESIDENTRALPH J. RAUDHUIN. ROCKFORD EXECUTIVE VICK PRKRIOENT -- ROBKRTA. ROLAND. WARHINOTON TREASURER C. A. RKTHBN. JR.. WTANOOTTK SECRETARY ALLAN W. OATER. WARHINOTON ri(LO RKCRKTARV JAMCR N. 1LLIOTT. WARHINOTON INCORPORATED 1SOO RHODE ISLAND AVE.. N.W.. WASHINGTON. O. C. 2000S SHONE: 202*402*4272 REGIONAL VICE PRESIDENTS NCW ENOLANO-C. FRANCIS LOUTREL. RORTON EASTERN - WILLIAM MACKNIOHT. PHILADELPHIA ' KART CENTRAL - RORCRT W. ROOT. CLCVCLANO December 30, 1970 WKRT CCNTRAL ** H. C. MILLSR. RT. LOUIS s o u t h r r n - h u o mh mumwicK. o a OUTHWRITRRN - HAROLD WRINBRRQ. DtNVBR WRRTRRN - 0 *. KRNNROT. LOR ANORLRR NOTICE TO ALL MEMBERS SUBJECT: Lead, Mercury and Miscellaneous Matters This Notice is being promulgated to all members in order to provide a brief review of recent legislative developments and regulatory proposals of direct impact on the industry. THIS MATERIAL SHOULD BE GIVEN IMMEDIATE ATTENTION I A. MERCURY 1. Mercury Review by Federal Agencies. Attachment No. 1 (F.R. Mercurial Notice) announces a comprehensive effort on the part of the-Federal government to review "pesticidal uses of mercury" on a use by use basis to determine what action may be in the public interest with re spect to their registration under the Federal Insecticide, Rjngicide and Rodentieide Act (7 USC 135 et seq.). Please note that the products of our industry are mentioned specifically as those of particular concern. In this connection, I am advised that the Department of Interior (under the Inter-Agency Agreement) has insisted that the review include "uses of mercury in the aquatic environment". , Although the Notice in the Federal Register was published by the Pesticides Regulations Division, U. S. Department of Agriculture, and the replies are to be addressed thereto., evaluation of the comments received will be made by. the new Environmental Protection Agency (EPA) which be came operational on December 2, 1970. In this regard, while most offices of EPA have not moved to new locations, they presently have a complex organizational structure, and the trans ition period may be lengthy and confused. This current review is mast important for -- as reported in the September 21, 1970 issue of COATINGS -- the industry does have to face up to the fact that all uses of mercury may be prohibited in time. This may.be our last opportunity to make a good case for mercury if its uses, in any manner, are to be saved. Your written comments should be forwarded to the Director, PRD, USDA at the address shown ; in Attachment No. 1 prior to February 1, 1971. It is requested that a copy of your comments be provided NPVLA as soon as available in order that an Association position may be forwarded if deemed appropriate. CQ; Sp/T2/i - A! A *.!/*/< 0007-SWP - 0000058X0 .<?. PROGRESS THROUGH COOPERATION 2- - 2. Mercury -- Illinois. The Illinois Pollution Control Board first held hearings on October 14, 1970 on mercurial pollutants in surface water coming under the jurisdiction of the State of Illinois. Industry representatives from the Chicago PVLA and from NPVLA attended these hearings, at which time it was indicated that nercury discharge might be limited to 1 part per billion. Subsequently, after a comprehensive survey of manufacturers in Illinois, Daniel S. Ring, NPVLA General Counsel, filed a brief seeking standards which would be practical and reasonable. Edward F. O'Toole, General Counsel for the Chicago PVLA represented NPVLA at a second hearing on this matter on December 22. As a result of these-actions, the Illinois Board has delayed its decision as to the mercury as .metal .which would be allowed in waste water being emitted from plants coming under its 4urisdicotioru> Additional data is being gathered in this matter in order to justify the industry's position that, at the present time, mercury is essential for the manufacture of paints and that there is no adequate substitute for it. 3. Mercury -- New York. The Association has requested clarification of the new pesticide control regulations of the State of New York which become effective on January 1, 1971. As presently written, the regulations provide that some 60 substances or mixtures of substances, when used as pesticides, are restricted in relation to purchase, distribution, sale, use and possession unless registered with the New York State Department of Environmental Conservation. The regulations further provide that no permitted uses will be allowed for ten specific chemical substances, which includes mercury compounds. In a letter request to Mr. Charles H. Frommer, Superintendent, Bureau Forest Insect & Disease Control, New York State Department of Environmental Conservation, NPVLA requested that a ruling be issued to the effect that paint products -- as presently formulated with mercury compounds and not requiring registration as economic poisons under currentl laws and regulations -- be exempted from the provisions of the new New York State Pesticide Regulations and that the importation into New York State be authorized for mercury compounds for use in paint products not intended as pesticides. As of this writing, no decision has been announced by the New York officials on the NPVLA request. 4. Mercury -- Other States. Several other states have initiated actions similar to those of New York and Illinois discussed above. The first of these was Texas, which established precise limitations on the amounts of hazardous substances allowed to be discharged into its public water. This action of the Texas Water Quality Board (Order No. 70-0828-5) became effective November 25, 1970. The Illinois Pollution Control Board also has announced its intention to extend hearings to all other heavy metals. Arizona, Oklahoma, Vermont and Florida all have proposed legislation or regulations on the subject of mercury pollution, either by waste water discharge or by pesticides. Florida, whose proposal is similar to that of New York, has agreed to hold action in abeyance pending com pletion of the Federal review and evaluation of all pesticidal uses of mercury. 0007-SWP-000005811 -3- B. LEAD-BASED PAINT LEGISLATION On November 27, 1970 the membership was advised that two legislative proposals (H.R. 19172 and S. 3216) dealing with the elimination of lead-based paints were pending before the Senate Committee on Labor and fVibiic Welfare. After continued negotiation on the part of your Association staff and numerous communications from industry members expressing their conoern, the legislation was amended and reported by the Senate Committee on December 14, 1970, with a recognition that the unique qualities of lead-based paints should continue to be available in instances where it is inaccessible to children. The prohibition against the use of lead-based paints -- as defined in ANSI Standard 2166.1 and in the proposed legislation -- was expanded to include "... .porches and exterior surfaces to which children may be commonly exposed, of residential housing. " The Senate passed the amended version of the bill on December 17, 1970. As of this writing, the House -- which passed the overly-restrictive legislation on October 5, 1970 -- had not yet voted on the amended bill. If the House does not accept the amended version and the differences cannot be resolved in Joint Conference, the bill will die when the 91st Congress 'adjourns. In this event, it is certain that similar legislation will receive priority attention by the 92nd Congress which convenes in January 1971. C. MIL-STD-1341A The Naval Supply Systems Command, as action agency for the Department of Defense, has announced that MIL-STD-1341A will be converted to a Federal standard in the near future. This Military Standard, which establishes an identification system for packages and containers containing hazardous industrial chemicals and materials, has been included as a part of all Invitations for Bid and Requests for Quotations issued by the Department of Defense since its effective date of October 1, 1970. (See Coatings, issue of October 19, 1970). ^ . MIL-STD-1341A Incorporates two industry standards by reference -- the National Fire Protection Association (NVPA) Standard 704 M and the MCA Guide to Precautionary Labeling of Hazard ous Chemicals, Manual L=l. It also includes use of the Material Safety Data Sheet, the U.S. Department of Leber form that has been required for use by marine coatings manufacturers since July 1, 1970. (See Legal Bulletin No. 72). The Naval Supply System Command has invited comments on MIL-STD-1341A prior to January 20, 1971. Further details regarding the use of this prospective Federal Standard may be obtained by. writing the.Office of Legal and Government Relations, NPVLA Headquarters in Washington. Copies of MIL-STD-1341A, as currently drafted, are available on request from the Naval Publi cations and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. 0007-SWP-000005812 -4- D. DOT ESPOUSES CLOSED-CUP TAG TEST TO DETERMINE FLASH POINTS The Hazardous Materials Regulations Board of the Department of Transportation will hold hearings, beginning March 2, 1971, to consider the advisability of adopting the Tagliabue closed-cup tester (ASTM D56-70) in determining the flash point of flammable liquids. This notice is docketed at HM-67. The Regulations presently specify the Tagliabue open-cup tester (ASTM D1310-67). Reservations expressed over continued use of the open-cup tester are that it lacks the precision, reliability, and reproducibility needed for measruing flammability hazard in shipment. The stated objective in this proposal is testing accuracy, and there is no intention to change existing class ifications of flammability standards. Thus, materials flashing at a lower point with the closedcup method are accordingly assigned flash points comparable to the open-cup method. The Board asserts that conversion to the closed-cup is consistent with the preference of the National Fire frotection Association, National Academy of Sciences, United Nations Inter-governmental Maritime Consultative Organization, and many Western European industrial countries. More- over, the Board minimizes the open-cup test simulating conditions of the average spill situation in shipment. It is noted that such spills usually occur in confined compartments, such as ship holds, truck vans, or rail cars. The hazard is greatest in these situations due to overpressures Nand convection currents. NfVLA will be presenting the views of the paint industry at the hearings on this proposal. Your comments and observations would be appreciated in consideration of formulating an industry position. Also, it would be helpful if copies of testimony presented on behalf of individual members were sent NPVLA, to coordinate and complement the overall position. Full text of the proposal, as published in the Federal Register, accompanies, as Attachment No. 2. E. SUMMARY Events of the past few months have demonstrated that it is vital that industry members keep in formed of legislative and regulatory proposals at all jurisdictional levels. Your Association devotesxr^ncocimum effort to the collection of information of this nature and the initiation of timely action, when appropriate. Input from the Local Associations and from individual manufacturers throughout the country is especially helpful to alert NPVLA of proposals at the state and local levels. This permits the Association to assist in developing a coordinated position and, hopefully, to achieve some measure of uniformity. Your letters and telephone calls always are welcome. In this regard, the U.S. Chamber of Commerce has announced that it will commence a series of Legislative Conferences in 1971 in order to provide accurate and timely information to its members in the field. The first of the series will be held at the Sheraton Biltmore in Atlanta, Georgia on February 3, 1971. Other conferences are scheduled at the Pick Congress Hotel in Chicago on February 17 and the Villa Capri Hotel and Motel on March 5. 0007-SWP-000005813 -5- ln supporting Him* Loglslotfvo Conferences, NPVLA is contemplating adding a specialized briefing for its own Industry members in order to discuss in greater detail consumerism and pollution and other matters of direct interest to our industry. Further details on these meetings will be published'in COATINGS, and -- you are urged to attend such a meeting when held in your area, or have one or mare of your representatives attend. With very best wishes for the New Year, JMM/ew attachments Director of Government & Industry Relations 7-Sp. OO0O058l4 DEPARTMENT OF AGRICULTURE > BOBIR. VOL 35, NO. 33S--SATUIMY, DKUMB X, INS DfMRTMEHT OF In reaching their conclusions, the Bu accident situations and must be consid reau of Mines measured the present state ered in the development of safety of the art against tbs following criteria: criteria. * ' /rRAKSPORTATTOH Hcmordovs Motorists Rogulotiont 7 Board / 149 CFR Part 1731 1. Repeatability (data obtained by the same analyst In several determina tions, using ths same equipment and the samtjtample). 2. Reproducibility (data obtained by several analysts, each using a different 3. Due to Its greater reliability, the closed-cup method hat been accepted by the National-Fire Protection Association, the National Academy of Sciences, the United Nations Intergovernmental Mari time Consultative Organisation OMCO). \J IDoObst ltd. HM-S7: Notts** 70-3S] piece of equipment of the same type, and and many western European industrial using ths same sample). oountries. Including Orest Britain. TRANSPORTATION OP HAZARDOUS MATERIALS Plash. Points of FlommalJl*. Liquids Th# Hssardous Materials Regulations Board U considering emending H 173.115 sad 173.1X9 of the Deportment's Hasard- ous Materials Regulations to specify ass of ths Tagllabue (Tag) closad-cnp taster (A8TM D 56-70) to determine dash points of liquids, instead of tbs TagUabu* (Ta*> open-cup tastst CASTM O 1310-67), prssoatly specified! Tbs flash point Is genorally accepted as a useful "*"to determine tbs flam- ability of *" " liquids. and there-, 3. Reliability In tmessing the fire or France. West Germany. Sweden, and the explosion hasard. __ Netherlands. In addition, the Bureau of Minos eonsldsred and evaluated all comment* received in response to that part of a' prior notice 'of .proposed rule making (NFRM)1 dealing with definitions of flammable liquid, flashpoint, open-eup. taster, and olosed-cup tester. The results ft&d TMUWRIWUdfltlfHIfl 0f ttlA BUIUtt'l study have been reported.* Additional reasons supporting the tin--(1 nin bu u p bi found in & review of various technical publications and comments received on a prior notice of rule making.* The following is quoted from the International Chamber of Shipping's statement which was at tached to the x mc o October is. 1969. communication to the sixth session of the Committee of Experts on the Trans Tbe Bureau's report recommends that the Tag closed-cup method be used to port of Dangerous Goods: determine flashpoint* of flammable liq uids for purposes of the DOT Hssardoue Materials Regulations. The conclusions, Tbe eloaed-oup method or teeuag should be used rsthtr than tbs opso-eup method in view of tbs former's much better yeeaMesa* fore their potential Are hasard daring proposing adoption of the closed-cup Proponents of the open-cup method transportation. Tbs TagUabu* open-cap method, may be. summarised as follows: point out that Improvement In tochnique *----T nMtiiiis, which has been In use 1. Tbs eloosd-cup method Is mors pro in recent years has rosultod la increased with only minor aodUeatton for many ds* and''reliable than the open-eup precision and reproducibility of data. It years, lacks the precision, reliability, and method, elves more reproducible data, is agreed that refinement of teet meth mprodnelbnttr necessary to property esti and provides a morocaaservative'esti- ods has brought soma improvement. mate the'flammability hasard that may msta of the baaard presented 'by the However, in spite of this Improvement, be encountered daring transportation. formation ef flammable vapor-air mix- the Board believes that the open cup is This nodes is not Intended to change turn ftffnflntfl or still not equal to the closed-cup method the nraamt established classification conditions. for overall transportation safety pur- ranges or packaging of flammable liq uids. Its pnrpoae Is to propose adoption of a mere accurate method for determin ing points than the Tag open cop presently affords. 2. "It ia-oftan proposed that an open- eup more nearly approximates tbe ge ometry of A spill situation than does a closed-cup, Xn our. judgment this Is a trivial AhAMlR| avwrw>| poos*. For example, the report of Technleal Subcommittee No. n of the Chicago SocteW for Paint Technology* summa rises the testing don* during 1969 with six different types of `flashpoint tasters its part of the Department's Overall renew of tbs Bssardous Materials Rsgnuum the Beard end the staff of the Office ofBaaardoas Materials (OHM) bars been eealoatlng methods used for rlssstflcation of materials according to th* variations of existing apparatus. Th* actual likelihood of ignition of a apID depends heavily-upon factors whleh are beyond the scale of laboratory appara tus. such as the cooling of the liquid aur-, and 37 solvents having flash points rang ing from 19* F. to 190* P. The report oonoludod that, "AD closed cups ware ooosUtanbljr z&oti nllftblt i &a iu Iip to work with than ths other cups . faoa by evaporation or the gustinam of Homo Comments received on Docket the hasard presented daring transporta- tb* atmosphere." * . HIM; NotiooNo. 68-3 stated that a tton. OHM eontreeted wflh the Safety. Research 'CfaStsr. 9A Homan of Minas, to examine the UmttoHhns of ths avail able flash print tarima-apd to mcom mend the bast sarihod te adoption by DOT. "The greatest explosion hasard results from leakage or spillage into surround ings that provide, soma oonflnemsnt such as a railroad box car. a van-typo truck, or the hold of s ship. In this situa tion. convection currants aid the forma cloeed-cup is not responsive to mixtures that contain low-volatility nonflammable components: it is, on the other hand, far too otrtnso&fc for mlxtunp try auU (lois than 0.2 porcont) ftSWUDto of highly fl^nnwaKla tion ef homogeneous vapor-air mixtures and the magnitude of ovorpronuios in confined combustion is usually grastest with homogeneous mixtures. Bar* again, compounds. During tho tact of a mixture, ths dosoil imp con concentrate rumflammahl* vapors as readily as ftaimnahl* vapors. Those nonflammable vapors can the.dosed-cup gives tbe best definition ofhaaarfL" Sxperieno* shows that spills and leaks iff confinement art have a supfxemant effect upon tbe flammahlllty eg the sample, thereby raising the flash print beyond the limit-pre scribed in the regulations for flammable liquids. la an open-eup. part or all of the `Docket No, NM-3: Notts* No. *8-3 (33 vapors ean escape, thus reducing this ML HO. VM>. 37.1SSS). suppressant effect. On the other hand, Kuebtt. Jcsepb M. and Xurgaaa. David. comments noted that a non-flsmmahlo Beport NO. 8 41S1, Apr. 38.1*70. Sa/eRr Be- anti-knock compound containing less soareb Center. VA Bureau ef Mlnaa. DUa document ta evaliabla from tba Pairing. than 0.2 porcont of dissolved hydroear- House far Pedaral Scwntlflo and Technical Information. Notional Bureau ef Standards, VA Department of Commarea. aprlngdald. Va. 331S1 as a eoat of S3 par copy, or Ulerofleba copy at M eanta. * Xucbta. Joaoph U. and Burgaaa, David. Doebo* No. XU-*: Notts* No. OS-3 (33 FJL 3313. BOb. 37.1SS3). * United Nettaoe Economic sad Social Council. g/CNX/OONPa/n.l8g ' Probet. X. Q,, Oomlatton of Apparatus Beport No. S 131. Apr. . 1870, Safety for Massuilag Plasb Mat of aolvsat*. J. of Baaaarob Cantar, UJS. Bureau of Mines, p. S. Paint Teebaoiocy. Voi. 40, No. S37. pp. S7S-SI Ibid. p. a. (Dsoernhw ISM). 0007 -SWP-000005816 N11438.02