Document Vrxg268MOYxZ8ZkG22eEKXxj

STATEMENT OF JOHN M. MONTGOMERY COUNSEL NATIONAL PAINT, VARNISH AND LACQUER ASSOCIATION BEFORE THE SUBCOMMITTEE ON HEALTH OF THE SENATE LABOR AND PUBLIC WELFARE COMMITTEE ON LEAD PAINT POISONING PREVENTION ACT (S. 3216) AND LEAD>BASED PAINT ELIMINATION ACT OF 1970 (H.R. 19172) NOVEMBER 23, 1970 0007-SWP-000005701 On behalf of the Notional Paint, Varnish and Lacquer Association and its more than onethousand members throughout the country, I appreciate this opportunity to submit a statement to the Senate Labor and Public Welfare Subcommittee on Health, in connection with the two legis lative proposals (S. 3216 and H.R. 19172), which you are considering today. The National Point, Varnish and Lacquer Association is a trade association representing the manufacturers of mere 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 end Lacquer Association is a spokesmen far the major suppliers of raw materials from which the industry's products are mode. At the outset, it should be made clear that the National Point, Varnish end Lacquer Associa tion strongly supports the progressive legislative proposals of Senator Kennedy, Representative Barrett, and some forty-five other sponsors in bath the Senate and House of Representatives for Federal financial assistance to States and their subdivisions for projects involving the detection and treatment of lead poisoning in children end far the rehabilitation of areas found to be seriously contaminated by old lead-based paints. We deem such Federal assistance to be vital -- to assist the several.States ond major cities which have been applying their limited resources to the lead-paint problem in varying degrees far a number of years and to permit the establishment of additional programs wherever needed. As I will discuss in mere detail later, the National Paint, Varnish and Lacquer Association and its members throughout the country for many years have maintained liaison with public health officials and other authorities in various States end local jurisdictions to provide technical data, participate in the development and promotion of educational programs and assist in any woy possible in the growing 0007-SWP-000005702 effort to reduce end eliminate the incidence of lead poisoning in children. Currently, as least five States and ten major cities, including the District of Columbia, have lews, regulations or ordinances concerning the sale and use of lead-bearing paints. Today, two separate bills are being reviewed by your Subcommittee, but the objectives of each bill are essentially the same. I would like to emphasise 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.ft. 19172 -- after public hearings by the House Banking end Currency Subcommittee on Housing on the predecessor bill (H. It. 17260) -- constrains 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 made clear at this juncture that the problem of lead poisoning baing considered by the Committee at this time is caused by children ingesting flakes or chips of old lead-based paint, which still exists on poorly-maintained walls end ceilings, particularly in the slum neighbor hoods. 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 cases of lead poisoning which result from the flaking chips of old paint and crumbling piaster horn the interior surfaces of dilapidated residential housing built prior to World Ww II. In addition, and of equal importance, these bills would pro vide Federal financial assistance in developing and carrying out programs for the prompt elimination of lead-based points from the interior surfaces of this old residential housing. 0007-SWP-000005703 It it true that, prior to World War II, many structural were pointed with paints which con tained large amounts of basic carbonate or sulfate of lead (white lead). This type of paint has not been used on interior surfaces for mare then thirty (30) years. However, even though subsequent coats of point on the interior surfaces were non-toxic, the paint chips or plaster from these deteri orating surfaces do contain some of the original toxic lead paint. This situation is most prevalent in slum housing where pointing maintenance is minimal or even non-existent. In such instances, children up to five yams of age are known to eat these chips of old paint or crumbling plaster. This is recognised now as the principal causa of childhood lead poisoning. Seventy to ninety percent of children so poisoned have been found to have a history of >ica-a disorder stemming from a compulsion to eat non-food materials such as dirt, wood, paint chips and plaster. Such children generally are found living in old pre-World War II housing and are especially susceptible to leod poisoning, for the many coats of paint on the walls and woodwork frequently con tain significant amounts of the old toxic points containing white lead pigments. This Statement does not presume to discuss the medical aspects of-lead poisoning for several medical witnesses at earlier hearing on this subject and before this Subcommittee have covered this matter accurately and in detail. The National Paint, Vanish and Lacquer Association endorses the work of these groups and, particularly, the dedicated efforts of public health officials and the many volunteers who have worked tirelessly and with very limited resources to find solutions to the problems. TOXIC UEAP-1ASEP PAINTS NO LONGER USED ON INTERIOR SURFACES As stated before, the paint industry ceased using white lead at a basic ingredient of interior points more than 30 years ago when other white pigments were developed. There is no longer ony purpose in using white lead pigments in paints intended for interior use since better white lead-free 0007- SWP-000005704 Poge A. pigments for this purpose now oro available at lower coif. When the industry voluntarily stopped making product* for interior use with white lead pigments, interior paints ceased to be a major cause of lead poisoning in properly-maintained dwellings; and, today, modem interior paints are safe coatings* Some lead-hearing coatings still are used today -- in structural steel primers, where they have unique value as rust-inhibiting agents, and in other exterior coatings for special uses. It is our hope 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 which fails to differentiate between these structures on which lead-bearing paints are useful today and the exposed interior surfaces 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 pro vide corrosion protection on steel surfaces and In other exterior coatings for special uses (as mentioned earlier) are labeled to caution against their use on toys, furniture, window sills or interior surfaces of rooms which may be used by children, even though not required under the Federal Hazardous Substances Act, which was developed by joint effort of government and industry representatives to provide pro tection for consumers by ensuring that adequate warnings as to toxic and other hazards would be placed on containers manufactured and sold for household use. However, even prior to the enactment of the Federal Hazardous Substances (Labeling) Act in i960, the paint industry had anticipated the need for warnings on hazardous products, and hod been using such labeling -- voluntarily and without requirement of lew -- for about ten years. To facilitate compliance with the letter and intent of this Act, a seriet of labels were prepared by the National Point, Varnish and Lacquer Association. After review and approval by the Food and Drua Administration 0007-SWP-000005705 (th ogency Moving statutory responsibility under the Act), the labels were recommended for us* by th* industry. TH*s* labels war* found to be so complete and effective that FDA has used them extensively for training inspectors and as guidelines for enforcement of th* law. Today, with ef fective administration of this Act by FDA and, with industry cooperation, detailed, proper and odequote labeling far products manufactured and sold for household use has become a way of life in this country. Th* National Faint, Varnish and lacquer Association also has published a 634-page labeling guide for th* industry. In addition to all the recommended labels, this book compiled partinent laws and regulations affecting th* paint industry. The original list of labels was extended in 1964 to include labels recommended for us* with industrial products not covered by the Federal Hazvdous Substances Act. These have served as a most satisfactory guide for th* \nd\tttry 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. Th* Food ond Drug Administration, other government agencies having related responsibilities, industry officials ond cognizant Congressional committees continually review th* prescribed labels, in consonance with technological advances and human experience, to ensure that they continue to provide th* requisite caution or wsrning far household products. At th* present time, the Labeling Committee of the National Paint, Vvnish and lacquer Association has an ad hoc group reviewing all current industry labels in order to update end improve these labels, ond, particularly, to strengthen th* caution statement relating to th* us* of lead bearing paints. 0007-SWP-000005706 NATIONAL STANDARD DEVELOPED IN 1955 Another reioted but separate problem on this subject -- discussed briefly during examination of witnesses testifying on H.R. 17260 before the House Bonking and Currency Subcommittee on Housing -- has to do with the amount of lead pigment or lead additives which should be used in modern interior points today. In this regard, the point industry has operated since 1955 under o national standard which contains specifications to minimise hazards to children from residual surface 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,w!th minor changes, and re-issued in 1964. In 1966 the ASA was reconstituted as the United States of America Standards Institute (USASI). 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 o pattern for most statutes, regulations and ordinances deal ing with this subject. 0007-SWP-000005707 ANSI Standard 266.1 - 1964 states, in pertinent part, at follows: "A liquid coating material to bo doomed suitable, from a health standpoint, far 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 net contain lead compounds of which the lead content (calculated as Fb) is in excess of one percent of the total weight of the contained solids (including pigments, film solids, and driersk* Although several states end local jurisdictions had adopted the prescribed levels contained in the voluntary standard, the bill introduced earligr this year by Senator Schwoikor (S. 3941) was the first legislative proposal at the federal level dealing with the subject. S. 3941 provided for the ad option of the ollowable 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 Housing and Urban Development Act of 1970), which was approved by the Senate on September 23, 1970. With only miner comment as to the definition of the term "lead-based paint* therein, the National Point, Varnish and Lacquer Association supports fully these provisions (Section 1004) of S. 4368, including the proposal added to provide for a study regarding the health hazards of paints containing lead chromate or molybdate pigments at coloration. However, our principal concern is that the most important provision of Senator Schweiker's bill, that relating to the elimination of old lead-based paint, was not included in Section 1004. ELIMINATION OF THE HAZARD Ones again, the matter of principal concern to this Subcommittee at this time is the removal or elimination of the old lead-based paint from the dilapidated pre-World War II housing. And, we repeat that we consider Federal financial assistance to be vital, for the problem today is of such 0007-SWP-000005708 mognitude that most States and local jurisdictions do not hove suffident resources to do the job olona. Unless totno financial assistance b provided, many landlords simply will abandon thoir proparty, thereby further contributing to the existing housing erbb among low-income families. No inexpensive method yet has been developed far 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 thb 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 b the development of testing programs and equipment to detect the presence of lead-beving paints on the interior surfaces of the residential housing. Chemical analyse of samples taken from these surfaces b possible but may be too slow to be practical. Also, the Iergo and expensive test equipment now available or under development may not be practical due to Ms bulk and delicate handling requirements. Urgently needed was a small portable instrument that could be moved easily from room to room and from building to building to indicate on the spot the pretence of lead. The National Point, Vornbh 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 thb type b the community-relations aspect wherein the residents may observe and understand that something b being done by their local government for their safety and health. 0007-SWP-000005709 Pag* 9. SUMMARY The principal coma of lead poisoning in children results from the ingestion of chips of point or crumbling piaster from.the deteriorating surfaces of interior walls and ceilings on which leadbased points 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 surfaces of substandard housing for the presonce of lead, ond would determine optimum measures far rehabilitating these dilapidated structures. The National Point, Vanish and Lacquer Association has given priority attention to these matters, and will continue to work closely with public health officials and other representatives of government agencies -- at the Federal , State ond local levels -- to assist in solving the problems related to lead poisoning at the ealiest passible time. Modern interior paints do not contain white lead pigments ond 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. 0007-SWP-000005710 ACTION REQUESTED sc_!2i Again, I want to stress that tha National Paint, Varnish and Laoquar Association and Sts members throughout tha 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 tablic Welfare Committee. However, In order to ensure that an effective law responsive to the pibllc need Is enacted, it is requested that both bills be modified, as necessary, so that the language therein cannot be misinterpreted to prohibit tha proper use of lead-bearing points end coatings where they have unique value as rust-inhibiting agents on steel surfaces end for special uses on other exterior surfaces. In accomplishing the above and In identifying the specific structures to which tha "lead-based point elimination problem" should be addressed today and in the future (the exposed interior surfaces of existing residential housing units), it is further requested that H.K. 19172 be amended so that the prohibit ton addressed in Section 4 thereof shall apply only to dwellings to which the provisions of title VIII of the Act of April II, 1966 (tablic Law 90-284), relating to fair housing, are applicable on or after January I, 1969. This will provide far 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 Notional taint, Vwnbh 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. 0007-SWP-000005711 (Suggested letter) Dear Congressman (or Senator) The Senate Labor and Public Welfare Committee it now considering several legislative proposals dealing with the problem of eliminating the hazard of lead poisoning related to the nroducts of our industry. Years ago, the paint industry made products containing quantities of lead pigments and compounds which,!f ingested, especially by children, could produce lead ooitoning with its attendant hazardous effects. These products have not been marwfoetvred or sold by our industry for use on interior surfaces for more than 30 years due to the odvent of safer, more economical, non-toxic pigments and ingredients. The problem stems from the fact that many layers of the olderOype paints are found in substandard, poorly-maintained urban dwellings, which children have access to when the interior condition is such that peeling and flaking occurs. The matter is further compounded by the high incidence of a condition known as "pica", a compulsion to eat non-food materials such as dirt, wood, paint chips and plaster, which occurs frequently among the children inhabiting these dwellings. Modem interior paints are safe to use. Any paint product con taining more than )% lead is elearly labeled to prevent its use on interior surfaces of dwell ings inhabited by children There ere exterior point products containing lead which are essential for the maintenance and Preservation of residential as well as commercial structures. These products are similarly 'abated end to restrict their use would be a serious detriment to the maintenance of property / in this country. Our industry has long supported end provided leadership for action designed to eliminate the threat of lead poisoning to children. Such legislation, to be effective .should be directed toward the basic problem; nomely, the removal of old point containing more than 1% lead from exposed interior surfaces of dwellings, especially those inhabited by children. To direct legislation 0007-SWP-000005712 (Suggested Letter) Poge 2.. toward the elimination of modern-day paint* on exterior surfoees completely ignores the nature of tho probiom while destroying a basic and essential product for proparty maintenance. Your understanding and support, if such legislation roaches the floor of Congress, is sincerely requested. If you hove any questions on this subject, please feel free to write or coll me or if mare convenient, Mr. Robert A. Roland, Executive Vice Resident, National Point, Varnish and lacquer Association, Washington, D. C. Sincerely, 0007-SWP-000005713 SUGGESTED TELEGRAM Daor Sanotor or Conorsssmon : Legislation before the Senate Committee on labor and ftblic Welfare moy toon raoch Hw floor of Congroit for action. H. K. 19172, Lead-toad taint Elimination Act of 1970 ond S. 3216, load taint tabooing Prevention Act, or emended voniont thereof, ore presently being contidarod. Wo support the obiactivas of thb legitlotion, however, wa urge that it bo restricted to the reel cause of lead poisoning; namely, old paint containing more than 1% lead, generally found in poorlymaintained or substandard housing. Modern interior paints are safe and properly labeled. Exterior paints are properly labeled and not related to thb problem. Restrictions on exterior point products will seriously affect maintenance of dwellings and structures and in no way assist us in eliminating the basic problem. Request your consideration and support for proposals recognising thb distinction. 0007-SWP-000005714 SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE Democrats: Ralph W. YARBOROUGH Gsairmon Jennings RANDOLPH Harrison A. WILLIAMS, Jr. Claiborne PELL Edward M. KENNEDY Gaylord NELSON Walter F. MONDALE Thomas F. EAGLETON Alan CRANSTON Harold E. HUGHES Republicans: Jacob K. JAVITS Winston L. PROUTY Fstor H. DOMINICK George L. MURPHY Richard S. SCHWE1KER William ft. SAX BE City and State. Austin, Texas Telephone: (Area Code - 202) 225-5922 Ekins, West Virginia Westfield, New Jersey Newport, Rhode Island Boston, Massachusetts Madison, Wisconsin Minneapolis, Minnesota St. Louis, Missouri Las Angeles, California Ida Grave, Iowa 225-6472 225-4744 225-4642 225-4543 225-5323 225-5641 225-5721 225-3553 225-3744 Now York, New York 225-6542 Newport, Vermont 225-2051 Englewood, Colorado 225-5852 Beverly Hills, California 225-3841 Worcester, fennsylvania 225-4254 Mechanicsburg, Ohio 225-3353 * Indicate* membership in Subcommittee on Health Address: Honorable United States Senate Washington, D.C. 20510 Dear Senator: 0007-SWP-000005715