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ooo i\pc COATINGS NATIONAL PAINT ft COATINGS ASSOCIATION /1500 Shod' Island Avanua, N.W. / WMhington. D.C. 20005 Vol. 21, N*. 5, 7,1573 Kennedy Lead Final Regulations for Bill Amended by 0.5% Lead Law Issued " Senate Committee The Kennedy Bill IS.607), to amend the 1971 Lead-Based Paint Poisoning Prevention Act. was ordered favorably out of the full Senate Committee on Labor and Public Welfare with a signifi cant break-through, indicating for the first time a shift in the Senate's adher ence to a 0.06% lead standard. S.607 was amended by the Committee to include a "qualification" clause, with respect to the bill's lead standard pro vision. Although the bill still includes a 0.06% lead standard effective January 1, 1974. the addition of the amendment makes it feasible for a less stringent standard to be adopted if determined safe through scientific data. Specifically, the new amendment provides thst. if prior to December 3f, 1973, the Secre tary of HEW. based upon research find ings provided for in the bill's Section 301 (b). determines that another level, not exceeding 0.5% is safe, that level will become effsctive after December 31. 1973. Final regulations amending the Massa chusetts 0.5% lead law, including perma nent exemptions for special-purpose coatings products and a compliance ex tension for labeling requirements, were issued March 21 by the state's Depart ment of Public Health. "Loed-Based" Product Categories Effective April 1, the final regulations set lead limits for certain products, which if exceeded are classified as "lead-based". Of concern to the coatings industry is the lead-based classification for "paint, plaster or other surface coverings con taining more than 0.6% lead by diy weight or 1.3 mg. lead per square centi meter of surface." (The 0.6% lead stand ard for surface coverings apparently al lows for a "margin of error" with respect to the Massachusetts 0.5% lead law. according to NPCA Counsel Larry Thom as.) Exempt Coatings Products Permanent exemptions, replacing tem porary exemptions issued earlier, have been approved for the following coatings products exceeding the 0.5% lead level: 1) Paints used on artists canvases. rf 2) Touch-up paints for metal ma chinery, appliances, vehicles, and water craft when sold in containers small enough to eliminate any reasonable risk of use on buildings or furniture. 3) Lead primers for small craft hulls, when sold at retail only through boat yards. marinas, ship chandliers. and busi nesses dealing in marine sales. 4) Original finish paints for factory application to manufactured products not intended for use in homes or other structures where children commonly spend periods of over one half hour (i.e.. schools and day care centers, etc.). These products may not be made available for sale to the general public and not sold In containers less than 2 gallons. /5) Lead primers for structured metals, vehicles and watercraft, not available for sale to the general public and not sold in containers less than 2 gallons. (Continued on page * u Compliance Deadline for Turpentine & Methyl Section 301 (b) of S. 607 requires the Secretary of HEW to conduct studies on multiple layers of dried paint film and report the research results and recom mendations to Congress within 8 months. The Committee amended this provision by setting an October 1. 1973 deadline for such a report to be presented to Congress. S. 607 now goes before the Senate for a vote. Senator Peter Dominick (R.-Colo.), responsible for the lead standard quali fication amendment within S. 607. deaerves the appreciation of the coatings industry. His success in getting any change in the bill is encouraging in view of the 82-0 vote by which Kennedy's similar bill. S. 3080. passed the Senate during the last Congress. Alcohol Regulations Extended The deadline to meet special-pack aging regulations, under the Poison Pre vention Packaging Act. for certain house hold products containing turpentine and methyl alcohol was recently extended until July 1.1973, by the Food and Drug Administration (FDA). The following products, packaged after July 1. will require special pack aging: 1) household, liquid-form sub stances. containing 4% or more by weight of methyl alcohol, other than those pack aged in pressurized containers; and 2) household, liquid-form substances con taining 10% or more by weight of tur pentine. The July 1 extension is for packagers who ordered adequate stacks of special packaging in advance of the original April 11 deadline and will immediately begin to use them upon delivery. The FDA Commissioner granted the exten sion. requested by NPCA and several packagers, due to the unavailability of certain machinery parts needed to modify equipment for production of the child proof closures. By July 1. the equipment problem should be substantially allevi ated. and there should be enough special packaging available for compliance. Manufacturers are responsible for making timely arrangements to ensure that safety conteiners are available for marketing after the effective date July 1. Samples of special packaging containers are to be sent to the FDA Commissioner for approval prior to being put out on the market The law makes this require ment to ensure FDA is aware of the types and sizes of containers used. {C VO I % S PrintimI in VI S A N22838 Shipping Hazard Teleconference on Consumerism Classification To Be Held June 12 Faulted In an investigation of the circum stances surrounding two major rail acci dents involving hazardous materials, the National Transportation Safety Board (NTSB) has concluded that the existing signal requirements of the Hazardous Materials Regulations provide inadequate warning to emergency personnel. The NTSB is an autonomous federal agency which conducts special investigations and makes statutory and regulatory rec ommendations for tha promotion of safety in all transportation modes. The NTSB also indiested that the pending proposal (HM-103, Hazard In formation SystamI to amend the Regula tions will not correct this defect. HM103 would create a digital identification system to accompany the present signal warnings for hazardous materials on packages, vehicles, and bills of lading. NPCA presented comments on the proposed HM-103 in November which essentially agreed with NTSB's position that there was room for improvement in the hazardous materials classification system required by the Regulations. NPCA objected to the immediate imple mentation of HM-103 on the grounds that the system needed refinement and amendment through experience. In its December report on the derail ment of Missouri Pacific Railroad Com pany's train in Houston, Texas, the NTSB urged an even greater reform in the Regu lations. Observing a need to focus on accidents rather than normal transporta tion movements, the Board stated, "The system proposed in Docket HM-103 would not have reduced injuries in the Houston accident... A threat-oriented, on-scene information system would be more useful to trained emergency per sonnel. and to untrained bystanders, than a system based on identification of the product and an inconsistent classifica tion scheme." In an investigation of another rail accident involving propylene gas in East St Louis. Illinois, the NTSB reiterated the need for development of an improved classification system for hazardous ma terials. Specifically, the Board noted that there was a need to reconsider tha pres ent classification system to take into account more precisely the different types of threats to public safety posed by accidents involving the transportation of hazardous materials. The Chamber of Commerce of the United States will sponsor, June 12. a nationwide teleconference on "Selling in this Age of Consumerism." Direct from Washington. D.C.. a panel of authori tative business experts, including NPCA Executive Vice President Robert A. Ro land. will be broadcast via closed circuit television to 16 cities. NPCA members are encouraged to participate in the "Exec-U-Conference", along with executives from other manu facturing. wholesale, retail, service and association organizations. The 5 Vi hour program will be televised to a major hotel in the following cities: Atlanta. Boston. Chicago. Cincinnati. Cleveland. Denver. Detroit. Houston. Indianapolis. Kansas City. New York, Pittsburgh. St. Louis. St Paul. San Francisco, and Seattle. The program, in addition to answering questions submitted from a nationwide business audience, will cover 1) con sumerism--buyer end seller interpreta tions. legislative controls: 2) evolving company attitudes toward consumerism --realities, benefits, profitability in volved: 3) organizing your company for positive action--objectives, responsi bilities. educating the public, after-sale service: 4) consumer relations equals good business: 5) sales, public relations, advertising: and 6) sources outside your company for consumer aid. To register end for further information write: Exec-U-Conference. Suite 700. 1629 K St.. N.W.. Washington, D.C. 20006 or phono: 202-296-6487. Ques tions to the panel should be sent along with reservations. The registration fee, including all ses sions. meeting materials and luncheon, is $95. Company team registrations of three or more, in the same city or dif ferent locations, are $80 per person. Effects of Anti-Pollution Costs Studied The Small Business Administration (SBA] is studying the effects of costs and other problems on small businesses which must comply with anti-pollution laws. Of major concern to the SBA is the amount of debt a small firm might incur to meet environmental quality standards prescribed by law. A second goal of the study is finding out whether serious financing problems will exist. The SBA study will took at alternative methods small business could use in financing pollution control costs, includ ing government loans, guaranteed loans. and possible financing under SBA's lease guarantee program. The study will examine the effects of each alternative on: small business, in cluding interest rata, repayment period, costs of technology, and financing avail ability: the SBA itself: the financing com munity: and the federal government At present, companies that need finan cial aid to comply with anti-pollution standards may seek SBA aid through the agency's regular business loan program. Manufacturers of paints end coatings who employ an average of 250 people in a four month period qualify for loans under the SBA. Francis X. Zehnder Francis X. Zehnder of The Sher win-Williams Company died April 11 at his home in Parma. Ohio. Ha was 54. Zehnder joined Sherwin-Williams in 1946, beginning as an assistant buyer in the Purchasing Depart ment. For tha past 20 years he was manager of tha Package Specifi cation Departmem. Active in NPCA activities for a number of years. Zehnder served on the Packaging Committee, 1965-72. and was a member of the 1972 Labeling Committee. Bprn on July 6. 1916. he gradu ated from Carroll University with a Bachelor of Business Adminis tration. Pag* 40-May 7.1S73 0007-SWP-036776 0007-SWP-0001 Casey Introduces Home Repair Bill Congressman Bob Casey (D.-Texasl has introduced again a bill in the U.S. House of Representatives which would allow home owners to deduct their home improvement costs from thair income tax. The Homo Repair Bill. H.R. 1997. would allow a $760 deduction for re pairs or improvements of an individual's home. It also provides for rapid amor tization over a five year period for such improvements to rental property. The bill specifically states that repairs or improvements will include "palming, papering, carpentry work, plumbing, electrical work, roofing, and glazing, and other similar items." It has been co sponsored by 87 other Representatives. Testifying before the House Committee on Ways and Means which has been con sidering the bill. Casey stated. "This legislation would give home owners the incentive to repair and the knowledge that come income tax time, they would be able to deduct some of the expenses they had incurred." The Congressman pointed out that the legislation would generate enough tax revenue through new jobs, new sales, and increased profits to more than pay for itself. "This bill will create thousands of needed jobs in the home repair and allied fields during this inflationary period. It will help to curb the spread of urban blight... and will generate vast new markets for the home repair and housing industries." he told the Committee. NPCA has presented testimony to the Committee in support of the legislation. "Our support of H.R. 1997 reflects a continuing rather than a new conoern for the growing scope end seriousness of blight and decay of our nation's housing and its ultimate drain on tax dollars at tha city, state, and federal level." the Association stated. NPCA believes that "tha provisions of H.R. 1997 wilt motivate even greater participation in tha war on blight and decay by private home owners and en courage landlords to rehabilitate rather than abandon low Income housing units.... The rehabffltation of existing structures will become a major factor in eliminating housing shortages." NPCA testimony indicated that tax deductions for home owners and land lords would also provide a needed incen tive to maintain or repair old housing painted with old. lead-based paint. (Final Mass. Lead Regulations .. cont.) 61 Automotive, agricultural and indus trial equipment reftnish paints, not availV able for sale to the general public and not sold in containers less than 2 gallons. 7) Industrial and commercial building .maintenance paints including traffic and /safety marking paints, not made available v for sale to the oencral public and not sold in containers less than 2 gallons! 8) Graphic art paints marketed for application to billboards, road signs and similar uses not available for sale to the general public and not sold in containers ( less than 2 gallons. However, according to the regulations no "lead-based" coatings product will be ' exempt unless labeled in accordance with the new regulations. In addition manu! facturers must submit written notifica tion. no later than July 1, to tha Depart ment of Public Haalih's Lead Poisoning j Control Director stating the product's lead content by dry weight and evidence > verifying the amount. Wholesalers, by July 1. must inform the Director how the products will be marketed in specified channels. Following tha July 1 deadline, the same information for new products must be submitted before exemption is applicable. Notifications should be sent to: Robert Klein. M.D.. Department of Public Health. State Laboratory Institute. 375 South St.. Jamacia Plain. Mass. 02130. The regulations also empower the Director to temporarily rescind exempted products if there is evidence that the product is "a grave and immediate dan ger to health." Within 30 days after a product rescission, the manufacturer can appear before the Director and the Ad visory Committee for Lead Poisoning Prevention Program. The hearing could result in the regulation being perma nently rescinded. Labeling Requirements A 6-month extension, until October 1. 1973, has been granted for manufac turers to comply with the special label ing required for exempted lead-based paints and coverings, under the Massa chusetts lead regulation. Following are the 4 prescribed labels, varying with container sizes: 1) lass than A pint or 8 or by weight: (Equal to largast typo on l<M but at Isait 10 pu) POISON-CONTAINS LEAD 2) 1/2 pint or 1 pint: (Equal to largaat typo or label but at loaac lOptal POISON-CONTAINS LEAD Do not uaa on toys, furnituro. Homaa. or any atruclura wAon childran could chow or oat this paint 3) 1 quart: (Foal thrao woida 24 pla. romaindar pta.l POISON-CONTAINS LEAD Do not uaa on toy*, fumkuro. homaa. or any atructum whom children could chaw or aat this paint 12 4) 1 gallon or more: (Fust 3 worda 48 pea., mmalndar 18 peal POISON-CONTAINS LEA0 Oo not uaa on toys, lumitura. homaa. or any atructum wham childran could chaw or aat thia point NPCA Action NPCA is currently reviewing tha new Massachusetts regulations, particularly the stringent labeling requirements, with respect to the Federal preemption of labeling household products covered by the Federal Hazardous Substances Act. NPCA will continue to keep members informed of developments in the Massa chusetts issue. Arizona House Passes 0.06% Lead BilI The Arizona House of Representatives recently passed a lead bill, H.B. 2052. to ban all paint containing over 0.06% lead. Although H.B. 2052 originally con tained a 1% lead standard, the more re strictive emended version, in summary, would: 1) Prohibit, after December 31. 1973, the intrastate sale or use of any paint containing more than 0.06% lead content of the total non-volatile matter in the container. 2| Prohibit, upon the bill's effective date, the manufacture or sale of any toy coated with paint more than 0.06% lead, or sotuable compounds or antimony, arsenic, cadmium, mercury, selenium or barium. 3) Permit tha seizure of products violating tha bill's restrictions and au thorize a civil penalty up to $5000 per violation. As presently written, the Arizona bill, even if amended to permit a 0.5% lead standard in paint, would still continue to ban tha use or safe of many industrial and special-purpose coatings not in tended for household use and which do not present a hazard to children. Among the products affected would be automo tive refinish coatings, industrial main tenance coatings, marine coatings, and traffic markings, as well as factoryapplied.finishes. NPCA has addressed a letter to Ari zona's Senate Committee on Agriculture, Commerce and Labor, now considering H.B. 2052. Pago 41-Mey 7.1973 0007-SWP-036777 0007-SWP-00011 Coatings Specifications, Preparations and Tests Discussed in New Books Recently published were three books which offer excellent reference end up date information for members of the coatings industry. The first. Paints & Coatings Hand book, written by Abel Banov, senior editor. American Paint Journal, compiles into an easy-to-use book all the com plexities of paint specifications, surface preparation and coatings application.' An excellent source of information and refer ence for paint company executives, as well as architects, engineers, builders Bnd contractors. Included in the text, written in laymen terms, are such subjects as: economics of coatings selections: how various raw materials affect paint performance; sur face preparation and brush, roller and spray painting: fire retardant coatings: performance characteristics and what tests determine them: and how to pre vent deterioration of coatings. The Ap pendix details 76 specifications, including 60 Federal, in 12 Performance Compara tive Charts, which enables the reader to specify the best coatings for his applica tion at a glance. Banov's book is available from: Struc tures Publishing Co., 24269 Indoplox Circle, Farmington. Michigan 48024. The cost is $20 postpaid. The second book. Part 20, and the third, Part 21. of the 1973 Annual Book of ASTM Standards, recently published by the American Society for Testing and Materials (ASTM), updates all ASTM standards on paint and related products. Pert 20. "Materials Specifications and Tests; Naval Stores; Industrial Aromatic Hydro Carbons", contains 374 ASTM standards of which 38% are new. revised or changed in status since the 1972 edition. Included in the pub lication's contents are specifications and tests for. pigments: fatty oils and acids, dry and nondrying; fatty nitrogen prod ucts: resins and polymers: and solvents. Part 21. 'Tests lor Formulated Prod uets and Applied Coatings", contains 187 standards of which 20% are new or revised since 1972. The publication details: physical and chemical tests for paint, varnish and lacquer, as liquids; dry paint film properties, including physi cal, chemical and environment resist ances; and examination schedules for testing paint products. Copies of both books. Parts 20 and 21, are available from: ASTM. 1916 Race Street, Philadelphia. Pennsylvania 19103. TRADEMARKS The following trademarks will be regis tered by the U.S. Patent Office unless op posed within 30 days of their publica tion in the Official Gazette. Details may be obtained from Trademark Bureau. NPCA. Class 1--Raw or Partly Prepared Materials; Class 4--Abrasives & Polish ing Materials; Class 6--Chemicals & Chemical Compositions; Class 12Construction Materials; Class 16--Pro tective & Decorative Coatings; Class 29--Brooms. Brushes & Dusters; Class 52-- Detergents & Soaps. Issue of April 17, 1973: Class 1 -- DESIGN OF ARROW IN RECTANGLE. TOREX, FLYGTOL; Class 4-CON QUISTADOR: Class 6--THIXSEAL JEFFOX. CHEM-1-SORB, SPA-4, LAMI NAC, DEFOAMER S-50. DESIGN OF ARROW IN RECTANGLE: Class 12PHILLYBOND, ADVANCE. KILNCAST23. UREXPAN: Class 18--DUNCAN. BELCRYL. TH0R0C0AT. DESIGN OF LETTERS T AND U INTER-CONNECTED (N RECTANGLE. SANI-KOOL. DUNCAN WITH DESIGN OF TWO PIECES OF CERAMICS. LEAL WOOD. GLOSS-FLO. GARRY'S. PLANTGARO. HOME-CARE, MORRIS. ELDEP: Class 29-STEELCRAFT. Nixon Asks Authority To Sell Stockpile Material The Nixon Administration has asked Congress for the authority to sell an ad ditional $4.1 billion worth of 18 major commodities now in stockpiles. The President already has the authority to sell SI.9 billion worth of stockpile material, including substantial amounts of zinc, aluminum, and laad. In his message to Congress. President Nixon assured the legislators that the reduction in stockpile materials from a three year to a one year supply would not affect national security. The White House indicated that the commodities would be sold as market conditions permit over the next few years. The Administration hopes that the sate of this material will help stabilize or reduce prices. Sales would be handled through the General Services Adminis tration. The stockpile materials of interest to the coatings industry include: aluminum compounds, antimony, asbestos com pounds. bauxite compounds, cadmium, castor oil. chromium compounds, cobalt, copper, talc. tin. and zinc. Stockpiles started accumulating in 1938. Ninety-five percent of the currant stockpiles were acquired before 1959: the bulk of this material was accumulated during the Korean War. The present strategic stockpile totals $6.7 bXIion worth of material ranging from metals, minerals, rubber, and industrial diamonds to unusual items such as iodine. TRADEMARK WATCH Class 16--DOLPH'S, DURA2INC. MARINEGARD. SNYDER'S DISCOUNT CITY. VITRON A. F.. WELDALLOY. A P C. ENVIROTEX. PALMER. PROTIM. SIGMA-TEX. AOUAUTE. CELGARD. OUROPLATE. FIUA. PREVAC. RUSTROL. X-COTE Total Factory Shipments of Paint, Vamith 8i Lacquer, February 1973 end 2 months 1973 hk tan Fab. 1973 M.1I79 Jan. 1973' JafLl'973' Fab. 1972 Fab!%72 2 am. 1973 2 moa. 1972 TOTAL SUES Trails Sales Mwttid Sills 1234.653.000 $225,478,000 +4.1% 15226.037.000 1124.402.000 |l 14.513.000 +8$% 15117.382.000 1110.251.000 $110,965,000 -0.0% 15108.055.000 +3.8% 4-6.0% 4-1.5% S460,131.000 230.915600 S22t.21B.000 Production of Paint, Varnish $ Lacquer, February 1973 and 2 months 1973 (In Gallons) Fab. 1973 Fab. 1973 Fab. 1973 Jan. 1973' JanTunr Fab. 1972 Fakl'972 2 moa. 1973 S435.B40.0D0 218.028.000 216.012.000 2 moa. 1972 TOTAL PRODUCTION Tisdt Ssiss 71633.000 71.773600 -0.2% 33.392600 32014.000 +46% Industrial Salts 38.241.000 39.759.000 --3.8% f ~ Rtviud S0URCE.il S DEPT of Commerce. Bureau of the Census, M28F 72674.000 34618.000 38656.000 -1.7% -25% -0.03% 143,406.000 65,406600 78600.000 141.356.000 66J7B.OOO 74678.000 PMCgnt Chang# +56% 4-9$% 4-20% Famant Changa +16% -16% +4.0% Dy tht National Pawn and Coating Assoaima 1500 Rhode Island Ave. N W Wathmgtan 0 C 20005 Sacorid Qui poMage permit pending at Washington DC Wper year to member* tincliidedondwea* Editor Lori D Hendrick* ^ Pmg9 42-Mar 7.1*73 0007-SWP-036778 0007-SWP-0001