Document nM871bDy77M2k4E5BrNjgKVz

CHICAGO PAINT, VARNISH AND LACQUER ASSOCIATION April It, 1972 KencritUe Richard J. Daley Kayor of the City ef Chicago City Hall Chicago, Illinois Dear Mayor Daley: The purpose of this letter is to request that the compliance dates of the recently enacted Chicago Ord inances fixing maximum permissible quantities of lead and other heevy ectals in paint, be extended. Manufacturers who thought that they probably would be able to seat these ordinances now find that they eannot do so, at least within the tine fixed in the Ordinances. Manufacturers find that swan if they add no lead, as such, la the asnufseturo of iaportant Interior paints, tests show lead in batches, in varying amounts, vail above the peraissible amount under the Ordinances. Lead, therefore, gets into paints through natural eontebination of the raw materials, regardless of the source, over which the manufacturers have no control. They have no way of removing the lead in the manufactur ing process. Manufacturers find that several important interior paint products, not exempted as of July 1, 1973, just cannot be manufactured to meet the Ordinance, and will therefore not be available in the Chicago market. In addition, tasting procedures presently available are not uniformly accurato. Tor instance, one manufact urer submitted samples of a simglo batch to throo diff erent testing laboratories, including the Health Pepnrtnnnt of the City of Chicago, and got throe different readings which varied widely. The highest reading was .7% hy the City of Chicago. The task of trying to determine which cane of point in the manufacturers' warehouse inventories. 1st slons the inventories in ths retail stores, should bt re-lebelei is staggering, and cannot be dene by July 1, 1973. continued... 0007-SWP-036681 t N21884 Chiujo Pair-L Vimish and Ucqwr tesouMn Letter to Honorable Mcherd J. Baity cor.t'd. pJt 2 Unless the compliance dates in the Ordinances are postponed, many irportant paints vill have to be taker, off the r.arktt Ly the I'eteil dealers, at a substantial financial less to them, which we do not believe is justified, ispecially in view of the action taken by the Coairtisrioner of rood and Drugs of tha Tedaral Government subsequent to enactment of tha Chicago Ordinances. On Kerch I, 1972, tha food and Drug Administration adopted a regulation banning tha shipment in interstate commerce of paints containing lead in excess of: (l) O.St after January 1, 1973, and (2) 0.06% after January 1,19?. Tha regulation does not ban tha aala of paints containing mere than those amounta; it merely bans tha shipment of such products in interstate commerce after those dates. Thus, paints which contain higher percentages of lead, manufactured prior to thoso dates ,nay continue to ba sold. It ia apparent that tha timing of tho federal Regulation was based,in part, on the following conclusions of tha Cocmlasioner which appeared in tba federal Register: (1) In the federal Register, dated November 2, 1971, tba Comniaslonar stated, in part: "While there era numerous reports of serious injury and even death resulting from tha ingestion of the dried film of old formulations of paints containing high lavala of lead, the Commissioner la unaware of any alo'llar resorts as ~ a result of inaastion of paint conTsinins 1 percent land or leas." temohaaia added) (2) In the federal Register, dated Kerch 11, 1972, tha Commissioner stated, in part: "Although paints and other surface coating eatoriala containing load do not 5repent an imminent hazard to the public ealth.............action must bo taken to minimis# tho health hasard to futuro conoratlona." <emphasis added) faint in an economic nccccclty, and since modern day painta do net present an inalnont hazard to the public health, tha paint industry should ba given a reasonable opportunity to eliminate lead from paints to the extent pocelble. It eannet do so within tha times specified in the Ordinances. As wa have shown before, it takes tins to find n satisfactory substitute far lead in ptir.t, r.: a great deal of tine to adequately test paints ait v:t.`> substitute material bafnre going into production. Tka industry ham not had sufficient time to do this. continued... 0007--SWP--036682 I l 0007-SWP-000117999 O-ajs Pain!. Virnch and Lt:;uef Assocsztion Letter to Honorable Pichard J. Daley coat'd. Pa* 2 We have seen a copy of what ve understand will be the form of the Kennedy Bill, that the Senate Cocsittee kill recommend be adopted by the Senate. While it adopts the sate cur.plinca dates as is specified in the f.D.A. Regulation, it also will require that the Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education and Wtlfare, shall conduct appropriate research on multiple layers of dried paint film containing tha varioua lead compounds cotoor.ly used, in order to ascertain tha safe level of lead in residentiel paint products, and subr.it to Congress, within 9 months, his findings, together with his recommendation* as to legislative changes which should ha made to carry out his recommendations. This, we submit, is what should he done. Existing legislation, including the Chicago Ordinaneas, has been enacted without the benefit of sueb scientific research' to support the legislation. The retell paint dealers, particularly those who have stores only in the City of Chicago, are "running scared." They do not know how much lead or othar heavy metals is in each can of paint on their shelves, end thus they do not know exactly which products can be sold without re-labeling. They see that they are going to have a substantial Inventory of products that esnnot be sold In the City of Chicago, ell of which will beeone distress merchandise, and result in very substantial lossss to thorn. Tha dealers and paintsrs are fssrful of tho liability to which thsy era exposed by the ordinance. As we have tried te explain, compliance with the Ordinances is not a simple re-lsbeling Job. Ksnufacturera are working with their dealers but vary fow dealers sell only one brand of paint. In addition, from time to tina, dealers change their sources of supply hut continue to carry ovar raaaining inventoriaa from tha former supplier. Kany dealers sell products of out-of-statc manufacturers, sous of whom arc just beginning to loam about tho Chicago Ordinances. lama painting eontractora haws large Inventories of paimt on hand, bought wham the price was right, and thay have problems similar to the paint dealers. They ere alao concern ed about tha quality of paints that will he available for uaa after July 1. Thsy have hocomo need.to using certain types of paints and are fearful of using newly re-fornnlatod paints that have not been adequately tasted. continued. 0007-SWP-036683 l 0007-SWP-000118000 ChiK0 fatt- Virr.-ih and Lacker taS3Mt.cn Letter to Hororahlt- Kichard J Haley ccnt'd. Page w He .therefore , respectfully request that the two Ordinances be aP.er.deC as follow*- Cl) Amend CL* ter 70-17. ?h and set, changing the ef/eitive date of July 1, 1977, as therein specified, to January 1, 1973; (7) Ar.er.d Chapter 78-17.706 by changing the effective date of January 1, 1973, as therein specified, to July 1, 1973; (3) Anend Chapter 100-23.3 by changing the effective data of July 1, 1972, as therein specified, to January 1, 1973. He are not certain that the paint industry will be fully able to neat the suggested new dates of compliance, but assure you that it is our express desire to do everything thet we can to eliminate as nueh lead at ie possible fro* our paints, and at as aarly a date ae possibla. rro/dt Respectfully submitted, CHICAGO PAIKT.VAHKISH A LACQUIR ASSN. Ganaral Counsel 0007-SWP-036684 t t 0007-SWP-000118001