Document VGOL9rgxn7r3oaOk36RJDngwq

No. II TOPICS: April 26, 1973 A. lod in Point -- Recent developments 1. Federal -- "Kennedy" bill clears Committee 2. State -- Illinois and Arizona 0.06% bills pending 3. Local -- Detroit and Burlington, Iowa ordinances B. Mercury in Point -- Administrative proceedings commenced C. Poison Prevention Packaging Act 1. Extension granted for turpentine ond methyl alcohol 2. NPGA comments on proposed "paint solvent" regulation 3. Contoiner sizes under speciol-packoging regulations vs* SNA'* PAINT i COATINGS ASSOCIAT'D* 'in Ml s.e-d 6tes*ea-ngt4on 9 fi " /W^ i-SW?* aoure .a r ... .v Executive Synopsis | This Bulletin reports recent developments on the following: A. Lead in Point -- Senate Lobor and Arblic Welfare Committee reoorts out "Kennedy" bill (S. 607) with significant amendment; Proposals far 0.06% lead standard before Illinois end Arizona legislatures; Detroit lead ordinance rescheduled for public hearing; Burlington, Iowa ecepts C.5% Icod c*oinot<ce. B. Mercury in Paint -- Pre-hearing conference held on mercury issue; Administrative Low Judge establishes schedule for proceedings related ro EPA cancellation of registrations of certain pesticide*. C. Poison Prevention Packaging Act -- FDA grants extension until July 1, 1973 for turpentine and methyl alcohol; NPCA files comments on proposed "point solvent" regulation. Comments on container sizes subject to "specielpaekaglng* regulations. CONTACT AT NPCA, Office of Legal and Government Relations. 0007-SWP-036770 N22837 The next public Searing, jcheouiec ht rnt nexr weex or so, ~iil :t >n me liens'e on S.B. 472. Thit would esraolish o 0.06% tfensoid effective Janitor/ I, 1974 one omerwn* u ahour the tome os the Chieego orsinenee. NPCA will oresenr 'euimany or mis rearing aimea or oelerion of rhe 0.06% sronaard. The situation in Illinois is extremely serious ana a very real danger exisrs of rhe enoeimenr of a bill at rhe 0.06% level wirh some ar all of rhe orher reauiremenrs oreviously mentioned. b. Arizono The Arizona House has passed a bill, H.R. 2052, whieh would prohibir the sal* or use within the stare of any paint at ar above rhe 0.06% lead eonrenr level after December 31, 1973. Originally introduced at the 1% level, the bill passed the House omenaed as above. NRCA has discussed the advene, far-reaching effects of this measure wirh the Chairmon of the cognizant Senate committee whieh will next consider the bill. Our strong objections have been confirmed in writing to the Senate and we have been assured of an opportunity to present testimony ar rhe Senate haaring. 3. Local ordinances a. Detroit Ordinance rescheduled for public hearing The Detroit Common Council will on May 16, 1973 hold another public hearing on two proposed ordinances relative ro leod-bosed points. One would prevent the sole of these points for us* in and around dwellings in Derroir, another would provide for rhe regulation oF interior painted surfaces. A lead-based paint ordinance was earlier odopred by the Detroit Common Council, but was vetoed by th* mayor Isee "L4L" Bulletin No. 9). The new proposed ordinances apparently have been revised to render rhern acceptable la th* mayor. Our roviaw of these, however, indicates that no changes hov* been mad* to the provisions affecting the sale, us* end labeling of modern paints. Therefore, the modifications obtained by i noustry ro the earlier ordinance ar* still inroct with respect re rh* new proposed ordinances. Since lead-based paint ordinances are again scheduled far a public haaring and may (if adopted by the Common Council and approved by the mayor) soon be enacted into low, it is advisable far those companies matiealing in Detroit to be preparing la moat the ordinances' requirements. On February 23, 1973, an NPCA "Immediar* Action" notice, spalling out the requiremenIs of th* earlier ordinance, was sent cur to all members. Sine* no enangot affecting our industry ora reflected by rhe new proposed ordinances, this notice is still pertinent. If needed, extra capias may be obtained from NFCA's Office of Legal end Government Relations. iy*-'1 ' t ;--1. ;--------0007-SWP-036771 -5' 2. NPC- file commenti on proposed regulotipn coveting 001"- solvenrs Recognizing thor fbe preoletn addressed in C. 1 above would becone "rucf grea'css mo'e oi th* industry's products ere subjected to special-poekecing regulations, NPCA fi.ee comments on tne proposed regulation which would cover cerrain "liquid oamr solvenr orepcra'ions canraining petroleum distiiiotes, benzene, roluene, xylene or combinations rhereof." `n these comments, NPCA reouesred that special-packaging for these products not become effective until twelve monms cfter promulgation of the final regulation. The serious deficiencies in stocks of special closures and other child-safe eonroiners for our industry's products actually has reached crisis proportions since the production base for ttiese materials does nor exist or the present time. The NPCA Packaging Committee ana other cognizant committees will review this proolem to determine remedial measures. r V.>. - k y.- 3. Container sizes subject to special-packaging regulations? Considerable uncertainty has orison within the industry concerning the container sizes eevered by special-packaging regulations. In our opinion, the position of the regulatory agency -- stored in the turpentine regulation -- should be considered applicable. In that regulation, ir wets stared -- "The person who places a household substance subject to packaging standards into a container or oackoge must determine if that container is in fact a package in which the substance may be delivered to the consumer far use or sroroge in the household. If it is not, then these standards do not opply." (A copy of the turpentine regulation was forwarded as an orrochment to "LSL" Bulletin No. 8.) It should be noted that the proposed regulation covering pesticides (accompanying "L&L" Bulletin No. 6) did state that only products in "less man one-gallon containers* would be covered. Thor position must be considered on exception ro the general rule discussed in the preceding paragraph. Summarizing, we must conclude rhar, except for pesticides, most other products of the industry subject to "special-pockoging" regulations ana packaged in gallon containers will be covered, because experience has shown that such sizes sometimes art delivered to the consumer far use or storage in the household. By the some reasoning, it might be concluded mat five-gallon containers normally would nor bo covered. The final decision in oach case musr be made by rhe manufacturer who purs the product in interstate commerce. Questions have been asked whether or nor the standard Friction closure for point products is a chridsete closure. While it should bo considered so, it has not boon confirmed that such eonroiners yet hove passed the requisite protocol. NPCA is supporting efforts to have lueh rests conducted in the near Future, r-- -V *i fe: at* r- :. r> I 0007--SWP--036772 0007-SWP-0001180i Final Regulations for Mass. 0i% Lead Law Issued aw r MMt mMM* Miiawp 44** wwl?1M wifJSZiaa iSS v mwi'i --mo w*> kM /Tanfiwi W--SaTfJ ^-7-7f Mlt ditCIMOl ll* "t a l* oftor eig 0< MW >agrw" on! Norie# of sh 14, im. ty from ih. original pocial-gurpaM" cooling* i gonoroily *o lamiioo^ rnion, >nd n a owl) of ** tf ofthOM MW MO ihot * ** pTOOOMl mwtl H MWIO MW) IIWUOM* idtafrlol producn o* nwoi WW * ttm oomi. Whilo Mill caniidor** " "MWI w wo OoHnaow w * j rwc h iw |i jthorifiM Mr. noi inditolo4 J7I ^ Mm 02130 4j I ,,, lt^m | _ ------- 0007-SWP-03 6773 0naf ta liwaiam fi'Mian 4 m#* umxi i a'OOwd a |fi<a ano mmn im 9m w *44*4 WHwn 30 un dw a 1*44Off I44C41MMV in WWWlKIWfi Cl* MW 4**4*4 IN OtfKfST 4*4 in # A# rvnflNO 'frirn fh* noannf t#** atnrt <m >4fwatn pmi 'N wwwjam >*4w* *m 144 >444*4 yaiffMd _ 44M44NB0 l . _ >444*4 HHI4M M4MM Ml N4CA mS i *` 0007-SWP-00011805 Arizona House Passes 0.06% Lead Bill Tit* Anion* Nouio el Mapreaantativaa recently HM a kN MM* 2052. 10 ban iM pawn wniamnp ow O.On lead Althougn HI. 2062 anomaly con- ametM emended tdioa in rummer? would 1} Plan**, attar Haiimaei Jl. 1673. tfto naiiim oaaa daHtaai pama eemamms mete wan 006* load tamant of MO M MOM nofoili moWot Ml Mt* IIPfOMa. upon Mo OdTa affactw* earned undi pome mam m*n 000% taod. cgnpMnO * 31 Parma to* sauiira of products vtatannp tno bda loaniEiiofla ana *umania a end penalty up io 11000 pat Aa ptaaanpy written. rti* Anaana Ml. van if amandad ta panne a 0 6% <aad aiandatd m paint, would atdl continue aa ban atm uaa at aala of many anduatnal and ipacial puipaaa naaiwpi not m- not ptaaant a Opaatd to cMdtan Amanp Hta i " ' i I NPCA nia addraaaad a laitat ia An ton* a Sonata Comnvnaa an ApncuUui* Commanea and Labor now conaidanng H6 2052 Paaaai-Mayy, im SSPC/) b. ARIZONA H .8 . 2052, o introduced,ccntatnad a 1% s'artdcrd, but on amondmenf on rhe Ho mo floor reduces thit to 0 06% and would have prohibited rh* sola or wie of any point at or above 0.06% after December 31, 1973. The bill pelted fh* Howto in rhit form end olio contained rest ric riant on the ute of antimony, oner.ic, cadmium, mercury, lelenigm, and barium. Intervention with appropriate officioli on rh* Senate tide hoi resulted in the bill being "tabled" for thtt year, meaning it will a<e in committee Roinfreduction next year ii anticipated. 0007-SWP-036774 rS&/<c 12t ^ tw i 0007-SWP-00011809'