Document QJBOdpB8yk6pQG2kvvRqqD1Jk

JJatimtal Paint, lamini} attii ffiaojwr AamuiafUm u; '$ OFFICERS PRESIDENT -- B. A. HALM. DEC PLAINEB VICE PRESIDENTRALPH J. HAUOHUIN, ROCKPORO EXECUTIVE VICE PRESIDENTROBERT A. ROLAND. WASHINGTON TREASURER C. A. BRETHEN. JR., WYANDOTTE SECRETARY ALLAN W. CATES. WASHINGTON TIELO SECRETARYJAMES N. ELLIOTT. WASHINGTON 1 N C O n P O RATED 1500 RHODE ISLAND AVE,, N.W.. WASHINGTON. D. C. *0005 HOV 2 9 iltf PHONE: R02-AGEG272 . REGIONAL VICE PRESIDENTS November 19, 1971 NEW ENGLAND-C. FRANCIS LOirrrtEL, BOSTON EASTERN ~ WILLIAM MAC KNIGHT. PHILADELPHIA EAST CENTRAL - ROBERT W. BODY. CLEVELAND^ WEST CENTRAL -H. C. MILLER;ST. LOUIB SOUTHERN - HUGH H. MAYBERRY. BRUNSWICK; OAT SOUTHWESTERN - HAROLD WEINBERG. DENVER wwi. WESTERN - O. W. KENNEDY. LOS ANGELES MEMORANDUM REPORT NO, 1 -- LEGAL, LEGISLATIVE & REGULATORY MATTERS. EXECUTIVE SYNOPSIS This Memorandum Repot! advises of the latest development re lead-based paint-- fhe proposed regulation to implement Title IV of P, L. 9|-695 (attached). It also advises of a new lead law in Massachusetts, a new Federal Stondard which requires use of the Material Safety Data Sheet and the status of the tevision to the Association's Recommended Ptecautionary Labeling pamphlet. ACTION REQUIRED BY YOU: Comments and views on the proposed regulation are solicited. OPERATIONS AFJFECTED IN YOUR COMPANY: Pain*s and coatings manufactured and sold in Massachusetts must be brought in:o compliance with the new law by January 1973. Material Safety Data Sheet must be provided with alt fu<u<e soles to federal agencies.,/ q <%it ACTION TAKEN BY ASSN.: Special Tusk Force continues work on proposed submission to U. S. Department of Labor requesting simplifir.ui ion of MSDS for ou< industry. CONTACT AT ASSN.: Off ice of Legal and Government Relations This special Memorandum Report is the first of a new series which will be published periodically to ' apprise the membership of legislative issues ond regulatory matters of direct and significant interest . -vj' to the industry and to report on other developments under the purview of the Association's Office .< of Legal and Government Relations. i supplements the Legal Bulletins which will continue,to be promulgated on specific issues when sigmiicanl developments warrant. 1 -j i . r` * . 1. Implementing Regulation foi Federal Lead Law Issued by HEW i ,,K n r; J '< .Attached for information is a copy of the proposed legulation (Federal Register, November 1^71);.',:^^, (.to implement Title. IV of the Lead-Based Pain? Poisoning Prevention Act (P. L. 91-695). As explained.; i-.-r^ in NPVLA Legal Bulletin No. 77 (at page 5), this regulation relates )o the use of. "lead-based'Vpolniij.'fiY in any residential structure constructed or rehabilitated by any Federal Agency directlyor.yrHter^ah^iyl.'t* i ' 'K\ *' ' ! ... ; GL DO 12 43 8 r./' Federal ly-assisted program. It should be noted that "lead-based" paints are defined in posed regulation, as in P.L. 91-695, at the 1% level. V pro? if '4 , V.v [ v" ' ll " Although this proposed regulation also addresses the use of modern paints, it is separate arid apart V.- v' -*; 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 v to be considered. ' >' -.'i V . Members are urged to comment on both proposed regulations as well as on the "Ryan" petition ' (see attachment B to Legal Bulletin No. 77). . .i * 2. Recommended Labeling Pamphlet .. ., i. 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 project, the revised recommended labels will be submitted to . ;,> FDA for review and approval. Hopefully, the new Labeling Pamphlet will be available for dis tribution in January 1972. I . 3. Massachusetts Enacts 0.5% Lead Law . ! ; i- Governor Sargent has signed into law an Act that bans the use of lead-based paints containing more than one-half of one percentum lead by weight (calculated as lead petal) i/i the total non-volatile ; . f content. This Massachusetts law -- described as "an Act providing for a comprehensive program of \ . lead paint poisoning prevention and control" -- is slated to take effect Januarly I, 1973i " v. ' . ! ! e ' The new law prohibits the application of such lead-based paints to "any toy, furniture, cooking, diinking, or eating utensil, or interior or exterior surface of any dwelling. " Moreover, it makes unlawful the sale, transfer, or possession of any of the above-mentioned items to which Such lead- based paints have been applied. Certain industrial uses for such lead-based paints may be per- ' mitted (by variance) if it is established that 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 as $500`.for each : violation and can result in three to six months impr isonment on a finding of wilfullness./ -V. ! \,V Residential structures receive particular attention in the Act. Whenever a child under'six years * resides therein or the residence is sold, and a child under six years will be in residence, PfeHain ' lead-based paint removal proceduies must be followed. Generally, these require removal,1 '! whether or not flaking or peeling is occurring, below the four-foot level on all exterior .and in-: terior surfaces "that may be readily chewed by children. " ' '' / -V* 4. New Federal Standard Covering Piocurement of Hazardous industrial Chemicals iAnd,Materialj . .,' : ' ..............................- ......... ........ ........... " ,mmin? '' "" 11 Notice was published in the Federal Register of November 17, 1971 (at page 21899) that'Federal f Standard No. 313 hod become effective and that "Invitations for Bid and. Requests forjQGofttHon/'/, issued on or after November I, 1971, will incorporate this StamfordM which requires tipplttpibn of! v;;*> new symbols depicting hazardous characteristics and submission of d Material Safety,DqtdtySheett; f-x; ........... 1: '' ' . . . , CL DO 12439 /ii:.!.!i' v) .'.1;. ; ! ''; \ ./' ' v. -v -- 3- .:,vr purport' of Mils new S* tandard is to provide uniform symbols for Interior and intermediate, ^^!^if^<:ka^e$'and shipping contaaiinrers for hazardous material shipped to and by Government activities, ;.'an'rnidrl ftno nprovide for submission <of Material Safety Data Sheets by contractors and manufacturers to designated Government activities. The Standard incorporates two existing industry standards by / rbferemice. i.; The first industry standard is the NFPA Fire Protection Guide on Hazardous Materials which includes : NFPA Standards Nos. 325A, 325M, 49, 49lMand 704M. If is available from the National Fire Protection Association, 60 Batterymarch St., Boston, Mass. 02110. The second industry standard is tb MCA Guide to Precautionary labeling of Hazardous Chemicals Manual L-l. It is available from the Manufacturing Chemists Association, Inc., 1825 Connecticut Ave., N.W. Wash ington, D.C. 20009. Federal Standard No. 313 supersedes Interim Federal Standard No. 00281 of February 15, 1968, and includes requirements previously published In Military Standard MIL-STD-I34IA of August 18, 1969. 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 charge at the Business Service Centers at the General Services Administration Regional Offices in Boston, New York, Washington, D.C., Atlanta, Chicago, Kansas City, Mo., Fort Worth, San Francisco, los Angeles, and Seattle, Wash. JMM^ew attachment * i: .* i v' Wl- hn M. Montgomery eneral Counsel IKU V GLD012440 i . < : I V* .K/MV..V' H',, / * : ' fvv:-:' .v!/ .... ' "* | i : = i