Document Ne3J9QnNp8z1bgD0Koxz2Vkxg

Natimtal $Jamt, fanttfilj mt& filarqu^r Aufionatuut w., m w; TOMO dec 1J97II 1SOO RHODE ISLAND AVE.. N.W., WASHINGTON. D C. 20009 HOV20 19/i PHONE: 202-4E2-E272 OFFICERS REGIONAL VICCEC PRESIDENTS I PRLSIt'ENT D A MALM. DCS PLAINES VICE PPLSlDfNT RALPH J OAUOMUIN. ROCKFORD r.XtCUTIVL V 1C F `'HE SI DENT -- PODERT A ROLAND, WASHINGTON TREASUHFH C A DRETMEN. JR . WYANDOTTE SECHF.'I>nv ALLAN W. OA7C.S. WASHINGTON r I f l tj SKCfU 7ARY JAMIS N ELLIOTT. WASHINGTON November 19. 1971 NEW ENGLAND-C. FRANCIS LOUTREL. SOSTON EASTERN-WILLIAM MACKNIOHT. PHILADELPHIA EAST CENTRAL - ROBERT W. EODY. CLEVELAND, WEST CENTRAL - H. C. MILLER. ST. LOUIS SOUTHERN - HUOH H. MAYSERRV. SRUNSWIC SOUTHWESTERN - HAROLD WEINSERO. DINV WESTERN - O. W. KENNEDY. LOS ANGELES MEMORANDUM REPORT NO. 1 -- LEGAL, LEGISLATIVE & REGULATORY MATTERS EXECUTIVE SYNOPSIS This Memoiandum Report advises of (he latest development re lead-based paint -- the proposed regulation to implement Tide IV ot P. L. 91-695 (attached). It also advises of a new lead law in Massachusetts, a new Federal Standard which requires use of the Mateiial Safety Data Sheet and the status of the revision to 'he Association's Recommended Piecautionary Labeling pamphlet. ACTION REQUIRED BY YOU: Common's and views on the pioposed regulation are solicited. OPERATIONS AFFECTED IN YOUR COMPANY: Pain's and coatings manufactured and sold in Massachusetts must be biough' into compliance wi'li the new law by January 1973. Motet tal Safety Data Sheet must be piovided wi'h oil fu'U'C soles to federal agencies.^ \ j- ACTiqN_TAKt_N BY ASSN Special Tusk Fo'cc continues work on proposed submission to U. S. Department of Labor requesting simplification cf MSDS for ou< industiy. CONTACT At ASSN.: Off'ce of Legal Ond Government Relations This special Memorandum Repo<* is 'he firs* of a new series which will be published periodically to apprise the membership of legislative issues ond iegulatory matters of direct and significant interest to the industry and to report on other developments under'the purview of the Association's Office of Legal and Government Relations, !* ' upplemen's the Legal Bulletins which will continue to be promulgated on specific issues when significant developments warrant. 1. Implementing Regulation ioi Fodcial Lead Law Issued by HEW Attached for information is a copy of the proposed regulation (Federal Register, November 16, 1971) -r to implement Title IV of the lead-Based Pain' Poisoning Prevention Act (P.L. 91-695). As explained in NPVLA Leya! Bulletin No. 77 (at page 5), this regulation relates lo the use of "lead-based" painty in any residential s'ructu e constructed or rehabilitated by any Federal Agency directly or under any. LD0.l2433 h . , ^,,,,vuy....... . icyuiui iu ii uiso outnesses me use or modern paints, it is separate and apart from the proposed regulation issued earlier by FDA and published in the Federal Register on November 2, 1971. (See attachment A to Legal Bulletin No. 77.) Comments on this latest pro posal also are invited, but -- must be submitted within 30 days of publication In the Federal Register to be considered. mu,uuy11 h id piupuseu reguianon aiso aaqresses ine use ot modern paints, it is separate and apart from the proposed regulation issued earlier by FDA and published in the Federal Register on November 2, 1971. (See attachment A to Legal Bulletin No. 77.) Comments on this latest pro posal also are invited, but -- must be submitted within 30 days of publication In the Federal Register to be considered. Members are urged to comment on both proposed regulations as well as on the "Ryon" petition (see attachment B to Legal Bulletin No. 77). 2. Recommended Labeling Pamphlet With the publication of these two proposed regulations relating to the use of lead-based paint, the Association's Labeling Committee now is taking the final step in revising and updating the Recom mended Labeling Pamphlet. This revision will incorporate the new "lead" label outlined (at p. 3) in Legal Bulletin No. 77. immediately upon completion of this p-oject, the revised recommended labels will be submiffed to FDA for review and approval. Hopefully, the new Labeling Pamphlet will be available for dis tribution in January 1972. 3. Massachusetts Fnacts 0.5co Lead Low Governor Sargent has signed into law on Act that bans the use of leod-bosed paints containing more titan one-half of one percentum lead by weight (calculated as lead metal) In the total non-volatile content. This Massachusetts law -- described os "an Act providing for a comprehensive program of lead paint poisoning prevention and conhol" -- is slated to take effect Januarly I, 1973. Tire new law piohibtts the application of such leod-bosed paints to "any toy, furniture, cooking, drinking, or eating utensil, or interior or exter ior suiface of any dwelling. " Moreover, it makes unlawful the sale, tiansfer, or possession of any of the above-mentioned items to which such leadbased paints have been applied. Certoin industrial uses for such lead-based paints may be per mitted <by variance) if it is es'ablished tbot it is non-residential, not sold to the general public, and will not be exposed to children under six years. Maximum fines range as high os $500 for each violation and con result in tlvee to six months imprisonment on a finding of wilfullness. Residential structures receive particular attention in the Act. Whenever a child under six years resides therein or the residence is sold, and a child under six yeais will be in residence, certain lead-based paint removal procedures musj be followed. Generally, these require removal, whether or not flaking or peeling is occurring, below the four-foot level on all exterior and in- terror surfaces "that may be readily chewed by children. " ' > `i 4. ^NewJ-ederol Standard Covering Procurement of Hazardous Industrial Cliemicals And Matoriuls v; -- - ......... ..................... ................................. .. ..i. ....... `I Notice was published in the Federal Register of November 17, 1971 (at page 21899) that Federal Standaid No> 313 hod offtirfuio tu*** - - r-- 1h -3- Tlto stated purpose of this new Standard is to provide uniform symbols for interior und inlermodiale packages and shipping containers for hazardous material shipped to and by Government activities, and to provide for submission of Material Safety Data Sheets by contractors and manufacturers to designated Government activities. The Standard incorporates two existing industry standards by reference. v. Ti e first industry standard is the NFPA Fire Protection Guide on Hazardous Materials which include Nt PA Standards Nos. 325A, 325M, 49, 49IM and 704M. It is available from the National Fire Protection Association, 60 Ratlerymarch St., Boston, Mass. 02110, The second industry standard is tte MCA Guide to Precautionary Labeling of Hazaidous Chemicals Manual L-1. It is available from the Manufacturing Chemists Association, Inc., 1825 Connecticut Ave,, 14.W. Wash ington , D. C. 20009. Federal Standard No. 313 supersedes Interim Federal Standard No. 00281 of February 15, IVSb, und includes requirements previously published in Military Standard MIL-SID-I34IA of Auijiul IB, 1959. The Standard is available on request from the Naval Publications and Forms Center, 5801 Tabor Ave. , Philadelphia, Pa. 19120. Single copies are also available without chvigu a! the Business Service Centers at the General Services Administration Regional Office* hi Boston, New York, Washington, D.C., Atlanta, Chicago, Kansas City, Mo., Fort Worth, Vim Francisco, Los Angeles, and Seattle, Wash. Jh\ M/ow attachment hn M. Montgomery eneral Counsel t. GLD0 12435