Document NGd3BQnpBm9NrpdB0Zg6ZX8ZD

National $aint, Garnish anil Earqurr Association f OFFICE AS ISO RHODE ISLAND AVC . N W.. WASHINGTON 0 C 20005 HONE 202-46 rs&72 REGIONAL VICE PRESIDENTS ^ilOCNT tewAROA ror. cincimkaTI vies pnesioiHT A MALfr OC**LA'NC* NCW IA5URO-C r*ANCJ LOLTDft IOITOM * t*fCN - .HILL:AH RACKNiG-' -**CCUT!VC VICK MCS DINT IOKRT A ROUMO, WAIHIMCTON T*EA*UCft RALPH J IAUONUIN. ROCKFORO CRCTA*V ALLAH W. CATC3. WAMINTQN rttLD **CtTAT - November 27, 1970 A ^ 5 1 jl A* AMIIN LL*OTT. WASHINGTON , * -" 'J* "s S | K t V u,MSM'iVa nijiiu. tAr ClHTRAl, - CIIRT W COT CLC'. CLANO W|v CENTRAL - H C MILLER. ST LOUI* OUT|tN - jAM(| L KAUCMAMR ATLANTA OUTNWf*TlN - A SMITH HOUSTON Vrtt-IRN - OQW TOSTfR. SCATTut TO ALL MEMBERS: l \^\\ A ^ 1 ` * A situation of potentially disastrous consequence for the paint industry is developing around proposed legislation dealing with the elimination of lead-based paints. Your immediote action is needed in support of the proposals contained in this memorandum. I am enclosing for your information and use the following: a) Copy of our most recent statement before the Senate Subcommittee on Health of the Senate Labor and Public Welfare Committee b) Copy of the pertinent legislation-- Senate Bill (S. 3216) and House Bill (H.R. 19172? ,, c) A suggested letter for you to send to the members of the Senate Committee on Labor and Pjblic Welfare and/or your Senators and Congressmen d) A suggested telegram to be used in lieu of (c) if^Ou prefer. '*-- I cannot stress too strongly the need for your action and pSonal assistance through Congressional associations you might have at this^ime. The situation iS|^iis The Leod-based Paint Elimination Act of 1970 (H. R*. 19172), introduced by Rep. Barrett of Philadelphia, Pennsylvania has passed the House and is now before the Senate Labor and Public Welfare Subcommittee on Health. The Lead Paint Poisoning Prevention Act (S.32I6;, sponsored by Senator Kennedy of Massochusetts,.i4^|jp before this Subcommittee for con sideration. As you will find in our enclosed testimony, these proposals are generally acceptable to the Association and our industry except for the foct that, as presently writ ten, the Barrett Bill applies to "any building or structure". We have submitted suggested amendments to this which would limit its applicatie# only to exposed interior surfaces, thus preserving the essential use of lead-bearing paints for exterior applications such as ~ maintenance coatings on structural steel and other critical corrosion control uses. By definition, the proposed legislation would preserve the 1% lead as metal in total non volatile which has been accepted by industry since the promulgation of ASA (now ANSI) Standard 2166.1. S-W 001710 PROGRESS THROUGH COOPERATION is 4184 2- - nmediate flcern is an indication by staff members of tte Committee that a new drafted in ^Tmmitfee, incorporating the essential provisions of fheT^nredy and ;dding langaege which would extend coverage to exterior trade sa!#s products used iential dwellings. It is this anticipated action which must be discooraged at all basic problem concerning lead poisoning from paints deals with old paint applied > and now found chiefly in poorly-maintained or substandard dwellings in our major gislation, which addresses itself to future painting or modern-day products, corntarget and simply places a burden on industry without meeting the needs of the Housing Officials. do the fol lowing: i personally acquainted with a member of the Senate Committee on Labor and :lfare (Roster enclosed), personally call or write that Senator as soon os n accordance with our suggested letter. ve personal relations with any Representative or Senator, communicate with :e along the same lines, requesting that any legislation brought to the floor ;s not include a general prohibition of lead-bearing paints for exterior ap- Exterior products containing more than 1% leod now are labeled by industry their use on interior surfaces- (The suggested letter and telegram should be d in your own style to avoid the obvious stereotyped letter campaign appear- .tions at o|J on this subject, please contact John Montgomery, Roy Brown or i headquarters. u provide a copy of your correspondence to us for our files. f immediate response from industry will produce the necessary results. Chemical Coatings Manufacturer, your support and action on this matter $-W 00171 SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE Democrats: Ralph W. YARBOROUGH Chairman Jennings RANDOLPH Harrison A. WILLIAMS, Jr. Claiborne PELL Edward M. KENNEDY Gaylord NELSON Walter F. MONDALE Thomas F. EAGLETON Alan CRANSTON Harold E. HUGHES Republ i cans: Jacob K. JAVITS Winston L. PROUTY Peter H. DOMINICK George L. MURPHY Richard S. SCHWEIKER William B. SAX BE City and State Austin,"* Texas Te lephone: ' Area Code - 202) 225-5922 Ekins, West Virginia 225-6472 Westfield, New Jersey 225-4744 Newport, Rhode Island 225-4642 Boston, Massachusetts 225-4543 Madison, Wisconsin 225-5323 Minneapolis, Minnesota 225-5641 St. Louis, Missouri 225-5721 Los Angeles, California 225-3553 Ida Grove, Iowa ' 3 225-3744 New^ferk, New York -- 225-6542 Newport, Vermont 225-2051 Englewood, Colorado 225-5852 Bev^jj^Hills, California 225-3841 Worcwter, Pennsylvania 225-4254 Mecfapnicsburg, Ohio 225-3353 Indicates membership in Subcommittee on Health Address: Honorable United States Senate Washington, D.C. 20510 Dear Senator: S-W 001712 N 4184.01 * STATEMENT OF ' t JOHN M. MONTGOMERY COUNSEL NATIONAL PAINT, VARNISH AND LACQUER ASSOCIATION BEFORE THE SUBCOMMITTEE ON HEALTH OF THE SENATE LA80R AND PUBLIC WELFARE COMMITTEE ON LEAD PAINT POISONING PREVENTION ACT (S. 3216) AND LEAD-BASED PAINT ELIMINATION^CT OF 1970 (H.R. 19172) NOVEMBER 23, 1970 S-W 001713 N 4184.02 behalf of the National Paint, Varnish and Lacquer Association and its more rhcn onerhaBJand members throughout the country, I appreciate this opportunity to submit a statement to fhe^enate Labor and Public Welfare Subcommittee on Health, in connection with the two legis- I at ive proposals (S. 3216 and H.R. 19172), which you are considering today. The National Paint, Varnish and Lacquer Association is a trade association representing the manufacturers of more than 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 spokesman for the major suppliers of raw materials from which the industry's products are made. At the outset, it should be made clear that the National Paint, Varnish ond Lacquer Associa tion strongly supports the progressive legislative proposals of Senator Kennedy, Representative Barrett and some forty-five other sponsors in both the Senate and House of Representatives for Federal fmancial assistance to States and the ir subdivisions for pro^&cfs involving the detection GncPtrsof oTteod poisoning in children and for the rehabilitation oPareas found to be seriously corTOminated by old lead-based paints. We deem such Federal assista^e to be vital -- to assist the several States and major cities which have been applying their limited resources to the leod-paint problem in varying degrees for a number of years and to permit the establishment of additional programs wherever needed. - As I will discuss in more detail later, the NationalTaint, Varnish and Lacquer Association and its^members throughout the country for many years have jfointoined liaison with public health officials and-other authorities in various States and local jurisdictions to provide technical data, participate in the development and promotion of educational programs and ossist in any way possible in the growing S-W 001714 Page 2. effort to reduce and eliminate the incidence of lead poisoning in children. Currently, cs leasr five St^es and ten major cities, including the District of Columbia, have laws, regulations or ordinances concerning the sale and use of lead-bearing paints. Today, two separate oills are being reviewed by your Subcommittee, but the objectives of each bill are essentially the same. I would like to emphasize that the industry I represent endorses these basic objectives, and 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 and Currency Subcommittee on Housing on the predecessor bill (H.R. 17260)-- constroins 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. THE PROBLEM It should be mode clear at this juncture that the problem of lead poisoning being conside-ed by the Committee at this time is caused by children ingesting flakes or chips of old lead-based pa int, which still exists on poorly-maintained walls and ceilings, particularly in the slum nelghborhoods. 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 casesjaf lead poisoning which result from the flaking chips of old paint and crumbling plaster from the interior surfaces of dilapidated residential housing built prior to World War II. In oddition, and of equal importance, these bills would provide Federal financial assistance in developing and carrying out programs for the prompt elimination of lead-based paints from rhe interior surfaces of this olcFresidenf ial housing. S-W 001715 true that, prior to World War !, -.ary jc\ rj 'eo i.h pa. rs . r i -r w tain^^arge amounts of basic carbonate or sulfate of lend (wnite leodj. rhis Type of pain, has rc been^jed on interior surfaces for more than thirty '30) years. However, even thougn suosequent coats.of paint on the interior surfaces were non-toxic, the paint chips or plaster from these deteri orating' surfaces do contain some of the original toxic !eod paint. This situation is most prevaien: Ir slum housing ere painting maintenance is minimal or even non-existent In such instances, children up to five years of age are known rc eat these c . ips o.d oain` or crumbling plaster. This is recognized now as the principal cause of childhood 'eod pc so.-vng. Seventy to ninety percent of children so poisoned have been found to * eve a history or ` p " a disorder stemming from a compulsion to eat non-food materials such as di't, vood. . si-.r Ivai - plaster. Such children generally are found living in old pre-World War it housing cr ' c** n ' susceptible to lead poisoning, for the many coats of pal.nr on the walls and woodwc x ' tcuer / . . tain significant amounts of the old toxic paints containing white lead pigments. ^THis Statement does not presume to discuss rhe medica: aspec lead p.-. .c ">inr .medical-witnesses at earlier hearing or hi.- vufciecr end bef.- sj'hir Subr.o- :tt- matter accurately ard n derail, "he Na*i )nc` Pc'nt 'crn\%r and m -. work t^these croups and, par 'culnrly " .red' *ec at oub - I > _ volunteers who he e worker ` e e ^iy ir .-iv. ite ; ji - > 1 - -- JOXIC '.ZmD-BASED PA!N.d ' Ou- ' ON .riidf .. ,j hA As sto+ec oe'ere, the.pair' mdusi.y cee,u us.r. ni'= d r- * g.-er..- * paints m^e than 30 years cl... ot^er -vhlte c:; nems v.a-e aeveio. -d. 'h i t . purpose fusing white lead oig-rent- in painrs ir./ended for interior use si-ce S-W 001716 Page 4. pigment's for this purpose now are available at lower cost. When the industry voluntarily stoppea making products for interior use with white lead pigments, interior paints ceased to be a major ca of lead poisoning in properly-maintained dwellings; and, today, modern interior paints are safe coatings. Some lead-bearing coatings still are used today -- in structural steel primers, wjiere they hi unique value as rust-inhibiting agents, and in other exterior coatings for special uses. It is our n< 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 wh fails to differentiate between those structures on which lead-bearing paints are useful today and th exposed interior surfoces 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 p vide corrosion protection on steel surfaces and in other exterior coatings for special uses (as mentic earlier) are labeled to caution ogainst their use on toys, furniture, window sills or interior surroce: rooms which may be used by children, even though not required under the Federal Hazardous Subst Act, which was developed by joint effort of government and industry representatives to provide prc tection for consumers by ensuring that adequcte warnings as to toxic and other hazards would be pi on containers manufactured and sold for household use. However, even prior to the enactment of the Federal Hazardous Substances (Labeling) Act ir I960, the paint industry had anticipated the need for warnings on hazardous products, and had bee using such labeling -- voluntarily and without requirement of law -- for about ten years. To facil compliance with the letter and intent of this Act, a series of labels were prepared by the Nationr* Pa int, Varnish and Lacquer Association. After review and approval by the Food and Drug k S-W 001717 Pace 5. (the agency having statutory responsibility under the Act), the labels were recommences for use Dy the industry. These labels were found to be so complete and effective that FDA has used them extensively for training inspectors and as guidelines for enforcement of the law. Today, with ef fective administration of tin is Act by FDA and, with industry cooperation, detailed, proper and adequate labeling for products manufactured and sold for household use has become a way of life in this country. The National Paint, 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 Hazardous 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 and sell their products with due regard to the safety of users, whether or not required to be labeled by law. The Food and Drug Administration, other government ogencies 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 warning for household products. At the present time, the Labeling Committee of the National Paint, Varnish and Lacquer Association has an od hoc group reviewing oil 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. S-W 001718 Page 6. NATIONAL STANDARD DEVELOPED IN 1955 Another related but separate problem on this subject -- discussed briefly during examination of witnesses testifying on H.R. 17260 before the House Banking and Currency Subcommittee on Housing -- has to do with the amount of leod pigment or lead additives which should be used in modern interior paints today. In this regard, the paint industry has operated since 1955 under a national standard which contains specifications to minimize hazards to children from residual surfoce coating materials. This voluntary standard (ASA Standard Z66.1) was developed in 1955 -- under the sponsorship of the American Academy of Pediatrics -- 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 (USAS I). The name of the organization was changed again in 1969, at which time it became known as the American National Standards Institute. This voluntary standard (now referred to as an "ANSI" Standard) prescribes specifications for paint 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 since its establishment in 1955, and has served since that time as a pattern for most statutes, regulations and ordinances deal ing with this subject. S-W 001719 Page 7. ANSI Standard Z66.1 - 1964 states, In pertinent part, as follows: "A liquid coating material to be deemed suitable, from a health standpoint, for use on articles such as furniture, toys, etc. , or for interior 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 excess of one percent of the total weight of the contained solids (including pigments, film solids, and driers);1' Although several states and local Jurisdictions had adopted the prescribed levels contained in the voluntary standard, the bill introduced earlier this year by Senator SchweIker (S. 3941) was the first legislative proposal at the federal level dealing with the subject. $. 3941 provided for the ad option of the allowable lead content level specified in Z66.I - 1964; and, in addition, it provided for the assessment of civil penalties for violation thereof as well as for the failure of the landlord or owner of the property to take stpes within a prescribed period to remove paint from the interior sur faces of dwellings when found to contain lead in excess of the prescribed limit. Certain provisions of Senator Schweiker's bill (S. 3941) were incorporated in S. 4368 (the Hous and Urban Development Act of 1970), which was approved by the Senate on September 23, 1970. With only minor comment as to the definition of the term "leod-based paint" therein, the National Paint, Varnish and Locquer Association suppom fully these provisions (Section 1004) of S. 4368, including the proposal odded to provide for a study regarding the health hazards of paints containing lead chromate or molybdate pigments as coloration. However, our principal concern is that the mosr important provision of Senator Schweiker's bill, that relating to the elimination of old leod-based paint, was not included in Section 1004. ELIMINATION OF THE HAZARD Once again, the matter of principal concern to this Subcommittee at this time is the removal or elimination of th$ old lead-based paint from the dilapidated pre-World War II housing. And, //e repeat that we consider Federol financial assistance to be vital, for the problem today is of such S-W 001720 'cge 3. mognitude that most- States and local jurisdictions do not have sufficient resources ro ao the iob alone. Unless some financial assistance is provided, many landlords simpiy will abandon rheir property, thereby further contributing to the existing housing crisis among low-income families. No inexpensive method yet has been developed for 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 costs. Furthermore, many of the walls in this old housing are not structurally sound enough to permit a paint-removal operation. At the present time, the simplest and most direct approach seems 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 leod-bearing paints on the Interior surfaces of the residential housing. Chemical analysis of samples taken from these surfaces is possible but moy be too slow to be practical. Also, the large 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 porrable 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, Varnish and Lacquer Association, working with the Atomic Energy Commission and instrument manu facturers, has succeeded in developing such equipment. Another value of a program of this type is the community-relations aspect wherein the residents may observe and understand that something is being done by their local government for their safety and health. S-W 001721 Page 9, SUMMARY The principal cause of lead poisoning in children results from the ingestion of chips of paint or crumbling plaster from the deteriorating surfaces of interior walls and ceilings on which leadbased paints 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 couses of leod-based paint poisoning. In addition, funding of research projects would accelerate current programs to develop means for testing interior surfoces of substandard housing for the presence of lead, and would determine optimum measures for rehabilitating these dilapidated structures. The National Paint, Varnish and Locquer Association has given priority attention to these matters, and will continue to work closely with public health officials and other representatives of government ogencies -- at the Federal, State and local levels -- to assist in solving the problems related to leod poisoning at the earliest possible time. Modern interior paints do not contain white lead pigments and are safe coatings. Exterior paints -- in which lead pigments are used today 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. S-W 001722 ACTION REQUESTED Page 10. Again^ I want to stress that the National Paint, Varnish and Lacquer Association and its members throughout the country support fully the objectives of the legislative proposals (S. 3216 and H.R. 19172) before the Subcommittee on Health of the Senate Labor and Public Welfare Com mittee. However, in order to ensure that an effective law responsive to the pdslic 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 leod-bearing paints and 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 the "leod-based paint elimination problem" should be oddressed today and in the future (the exposed interior surfaces of existing residential housing units), it is further requested that H.R. 19172 be amended so that the prohibition oddressed in Section 4 thereof shall apply only to dwellings to which the provisions of title VHI of the Act of April II, 1968 (Public Law 90-284), relating to fair housing, are applicable on or after January I, 1969. This will provide for more 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 National Paint, Varnish 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. S-W 001723