Document K6n1z5XndGmq4xeNwgv6R5jww

Nr. M. N. Tome Strongsville, DPJRC LEAD XH PA1MTS January 9, 1975 Mr. S. T. Bow*11 cct Mr. J. D. Rueeell, DC Mr. J. E. 8outhwLck Mr. E. B. Buchner BPCA Bulletin Mo. 27 states that consumer product Safety Coamisslou has determined that the 0.5 percent level of lead is "safe* and should continue to be permitted as the maximum lead content in household paint. The same Commission had promulgated an amendment to PR8A regulations which extends the 0.5 percent standard until such time that new regulations, if required, might be established with respect to the maximum content of lead in paint. Xn practice this Mans that the December 31, 1974 deadline of .06 maximum has been voided and that O.S% lead la peraissahle until such time as nsw regulations if required could be established. Our objective to meet the original .06% deadline of December 31, 1973 and subsequently extended to December, 1974 has been met. Xt nowappears that the 0.5% lsvcl will become standard. Should we Mintain the products at the .06% level we currently have or should we consider 0.5 level, recognising that the latter level does improve drying characteristics and could result in lower costs? WMTtnl W* M. Tome GLD012150 N 4073 SE Aliruj IT LEGISLATIVE BULLETIN &au} JjwL /tnf-nuL. No. 27 (Special Issue) ; c/w| c ooo r\pc J. c.. 3. -'AN 6 1975 December 30, 1974 FLMoH REPORT OH LljiD Hi ['him PAINT & COATINGS ASSOCIATION 1500 Rhode Ulend Avnue. N.W Wa*hif>9ion, D C. 20005 flOl/Tf TO. Department Finenc# Stitt Technical ProOuctfOn Lew Executive Synopsis This Bulletin announces CPSC determination that 0.5 percent level of lead in paint is "safe" and should continue to be permitted as the maximum lead content in household paints I In addition, this Bulletin reports an amendment to the FHSA Regulations (16 CFR 1500.17) which extends the 0.5 percent standard until such time that new regulations, if required, might be established with respect to the maximum content of lead in paint .... ' N 4073.01 GL0012151 LEAD IN PAINT The* two octions reported below provide for the continuation of 0.5 percent as the maximum permissible lead level in the non-volatile portion of residential paint products. 1. The Federal Law The Consumer Product Safety Commission (CPSC) announced on December 27, 1974 that Chairman Richard O. Simpson had submitted his report to Congress in compliance with the pro visions of the Lead Based Paint Poisoning Prevention Act, as amended (P.L. 93-151). In his Report, dated December 23, 1974, Chairman Simpson made the requisite determination that 0.5 percent level of lead in paint is "safe" and should continue to be permitted as the maximum lead content in paint. This action prevents an automatic drop to a 0.06 percent maximum, lead level on December 31, 1974, as provided for in P.L. 93-151. Chairman Simpson stated in his report to the Congress that "absolute safety could be achieved only by banning all lead in paint." However, observing that the 1973 amendments had directed him to conduct appropriate research and to determine a "safe level" of lead for residential paint products, he announced his interpretation of "safe" in this context as J|a level where we have a reasonable assurance, with expected exposures, of the absence of serious toxic effects." In making his determination, Chairman Simpson relied on Jfhe .results^of.studies carried out ir. conformance with the Congressional mandate that "appropriate research" be conducted. These studies, using juvenile baboons,were undertaken at the New York University Institute of Environ mental Medicine and the Southwest Foundation for Reseatch and Education. The Chairman stated that these investigations, and ofliers cited in the full report, indicated that "there was no observ able adverse biological effects at or below 0.5 percent lead level." Commenting on these studies, in his Report to the Congress, Chairman Simpson stated his con currence with the CPSC staff position that the experimental protocol and work performed at New York University and Southwest Foundation for Research and Education were adequate both in design and approach. Observing that these baboon studies support a continuing level of 0.5 percent lead in paint and that most scientists would agree :hat these tests utilized the most appropriate animal model, he added that the studies performed at Midwest Research Institute (funded by the industry) also supported this position although the rat is clearly a less appropriate animal to simulate the human response. 2. The Federal Regulations In an earlier action, reported in the Federal Register on December 9, 1974 (39 F.R. 42902-03), the Consumer Product Safety Commission hod promulgated an amendment to the FHSA Regulations (16 CFR 1500.17) which extended the 0.5 percent standard until such time that new regulations, if required, might be established with respect to the maximum content of lead in paint. (A copy of the amended regulation is appended to this Bulletin for information.) GLD01215? I MONDAY, DECEMBER 9, 1974 WASHINGTON, D. C. ( Volume 39 Number 237 Poges 42899 - 43054 PART I CHATTIER II--CONSUMER PRODUCT SAFETY COMMISSION PART 1500--HAZARDOUS SUBSTANCES AND ARTICLES; ADMINISTRATION AND ENFORCEMENT REGULATIONS Certain Lead-Containing Paints and Othar Similar Surfac-Coating Materials as Banned Hazardous Substances; Exten sion of Regulations The purpose of this documents Is to amend, by extending the effective date, regulations under the Federal Hazardous Substances Act which ban the distribu tion of household paints and other sim ilar surface-coating materials containing more than 0.3 percent of lead fas metal) and tors or other childrens articles bear ing such paint or coating. In the Psoxul Rscures of March 11, 1172 (17 FR 3329). the Food and Drug Administration issued regulations de claring paints and similar surface-coat ing materials for use in or around the household, containing lead compounds of which the lead content (calculated es metal) ta In excess of 0.3 percent of the total weight of the contained solids or the dried film, and toys or other articles in tended for use by children bearing such paint or similar surface-coating ma terials. shipped In Interstate commerce between December SI, 1972, and Decem ber 31.1973. to be banned hazardous sub stances (31 CFR 191.9(a) (> (1) (b> and (U)fb>). The FDA regulations also declared paints and other elmllar suxfaee-eoattng materials for use In or around the household, containing lead Compounds of which the lead content (calculated as metal) Is In excess of 0.03 percent of the total weight of the contained solids or the dried 01m, and toys or other articles Intended for use by children bearing eudh paint or other similar surfaoeeoatlng materials, shipped In Interstate commere* after December Si. 1973, to be banned hazardous substances (31 CFR 191 -9(a) (i) (1) (a) and Ul) (a)). On August 10. 1972 <27 FR 10070), FDA confirmed those portions of the regulations pertaining to the o <s per. cent lesd level and stated that the per- tions pertaining to the 0.06 percent lead level would be the subject of a separate document to be published at a later date. Effective May 14. 1973, functions un der the Federal Hazardous Substances Act were transferred to the Consumer Product Ssfetr Commission by section 90(a) of the OuMuwtr Product SRtatr Act (Public Law 92-5TT, 93 stab, 1391; LS YJB.C. 2979(0)). Bubsaoueerttr. an September 27. 1973 flW FR 2701*1tha Consumer Product Safety Cbmmiesion revised end transferred the regulations tinder the Federal Hazardous Bubetaneea Act (21 CFR Parts 191 and 191(b) be came 16 CFR Parte 1300 and 1303). Ac cordingly. 21 CFR 191.9(a)(9) became 19 /CFR 1500.17(a) (6). Public Law 93-151 (97 stat. 895). en acted November 9, 1973. amended the Lead Based Paint Poisoning Prevention Act (Public law 91-995. 94 Stat. 207g; (42 0.8 C *801 >). As amended, the Lead Based Paint Poisoning Prevention Act, among other things, under section 301 (b>, directs that appropriate research be conducted on multiple layers of dried paint film containing the various lead compounds commonly used, to ascertain the safe level of lead Is residential paint products. The Act require* a report be submitted to Con*res* no later than De cember 31. 1974, covering findings and recommendations as developed under sueb programs. Including a statement of any new legislation that should be en acted or any changes In existing law that should be made to carry out such recom mendations. After December 31.1974. the term "lesd based paint" under Public Law 93-151 will mean any paint con taining more than 0.09 percent lead by weight (calculated as metal) unless there Is a determination that another level of lead, not to exceed 0.3 percent la safe, then such other level shall be effective after December 31, 1974. GLD012154 ?.* N 4073.02