Document r6pDDzkyk9Oz773R2QZRqB1w0

VS* CVS'.. PAINT i COATINGS ASSOCIAT'DN i-SW?* mcse-wgte4** J " /W^ No. II TOPICS: April 26, 1973 A. Itod in Point -- Recent developments 1. Ftdtrol -- "Kennedy" bill cleats Committee 2. Stott -- Illinois and Arizona 0.06% bills pending 3. Local -- Ottroitand 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 sixes under special-packoging regulations aoure -o Executive Synopsis j This Bulletin reports recent developments on the following: A. Lead in Point -- Senate Lobor and Atblic Welfare Committee reoorts out "Kennedy" bill (S. 607) with significant amendment; Proposals for 0.06% lead standard before Illinois ond Arizona legislatures; Detroit lead ordinance rescheduled for public hcoring; Burlington, Iowa eeepts C.5% leod c-uinonce. B. Mercury in Paint -- Pie-hooting conference held on mercury issue; Administrative Lew Judge establishes schedule for proceedings related to EPA cancellation of registrations of certain pesticide*. C. Poison Prevention Packaging Act -- FDA grants extension until July 1, 197i ter turpentine ond methyl alcohol; NPCA fries comments on proposed "point solvent" regulation. Comments on container sizes subject to "specialpackoging" regulations. CONTACT AT NPCA. Office of Legal and Government Relations. ZZZZZZI: .a r ... .v *, * * mtswmsr 0007-SWP-036770 N22837 The next public Scoring, scheouiec for rnt next weex or 10, -iil ee * r.-e :!*ns'( o S.B. 472. This would esreoliih o 0.06% tfenaaid effective jonuory I, 1974 ana omerwiie is about the torn* 01 the Chicago orainonee. NPCA will present 'eiiimany or mis rearing aimea ar deletion of rhe 0,04% ttanaard. The situation in Illinois is extremely serious ana a very real danger exists of the enact ment of o bill at the 0.06% level wirh some ar all of the orher reauiremenri oreviously mentioned. b. Arizono The Arizona House has passed a bill, H.R. 2052, which would prohibit the sale or use within the store of any paint at or above the 0.06% lead content level after December 31, 1973. Originally introduced ot the 1% level, the bill passed the House omenaed as above. NRCA has discussed the advene, far-reaching effects of this measure with the Choirmon of the cognizant Senate committee which will next consider the bill. Our strong objections have bean confirmed in writing to the Senate ond we have been assured of an opportunity to present testimony or the Senate hearing. 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 paints. One would prevent the sole of these points for use in ond around dwellings in Detroit, another would provide for rhe regulation oF interior painted sorfoees. A lead-based paint oidinance was earlier adopted by the Detroit Common Council, but was vetoed by the mayor (see "L&L" bulletin No. 9). The new proposed ordinances apparently have been revised re render rhern acceptable lo the mayor. Our review of these, however, indicates that no changes hove been made to the provisions affecting the sole, use end labeling of modern paints. Therefore, the modifications obtained by industry ro the earlier ordinance ore still inroct with respect ro the new proposed ordinances. Since lead-based paint ordinances ore again scheduled for a public hearing and may (if adopted by the Common Council and approved by the mayor) soon be enacted into low, it is advisable far those companies maiicaling in Detroit to be preparing la meet (he ordinances' requirements. On February 23, 1973, an NPCA "Immediate Action" notice, spelling out the requirements of the earlier ordinance, was sent cur to all members. Since no enanget affecting our industry ore reflected by rhe new proposed ordinances, this notice is still pertinent. If needed, extra copies may be obtained from NPCA's Office of Legal end Government Relations. rtT".* :-r. v. - mm: Tmmrm r* W-T-T *., 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-0001180J Final Regulations for Mass. 0i% Lead Law Issued Mlt ditCIMOl li* "t L l* oftor r*c*ipt 0< MW >agrw" on! Norie# ^ sh 14, 1W3. ty from ih. original pocial-purpaM" cooling* i gonoroily *o lamiioo^ rnion. >nd n a owl) of ** tf ofthOM MW MO ihot * ** pTOOOMl mwtl M MWIO MW) IIWWW idtafrlol producn o* nwoi MM. m ttm 00*4. Whilo Mill coruidorM " Mw w og Oo mmo w W * j rwc ni^pi || jiiieril'H hoo nor intficoiao j7t Uuw k Jmu f im mw 02130 41 I ,,, lt^m | _ 0007-SWP-03 6773 0i*n t# nwaum 9fNWR> * *** 4 I a'Mwd 4 |fiN no iiN#fliMv #** Mr w ft*#** WHWfi 30 un *# iiw IbW ik in n mv in# w iw Ik ib w c#* ## ##> #** IN OtfKtar Ml IN# A# Frr*nH#n rrayrim fh# n##rnf [f#B mu h <n tn# > #**** t**# pmi M *#*# # I## M#f rwn#i* _ Mm# #--< i . _ Nl#i HUliM SbMIMM Act NFCA w* i 0007-SWP-00011805 m Arizona House Passes 0.06% Lead Bill Tit* Anion* Houio *1 hapraaaniatnrat racamty Bond a Io m MM* 20S2. to ban aH pamf tonuMig onr 0.00% i(M Altnoupn H B. 20S2 ongmatly con*mM a < i*m ttmoatb. nt* nn r*. men** amended tanan h i aurmnafy would 1} Pieman. attar Oaaamaat 31. 1111. tit* mwaalata aata at uaa at ant pama BMUMtnt toat* wan OOVK toad teniam ot mo aaM aeawasetil* manat n m* !IMMa. tom tna MTa attoetta* dau. Mb meantpatera *r aata at any to* caatad wen perns mare man OOOILtaad. or aefueMa compounds at awtmany. 31 Farm* th* aanura of andtati vatatm* tn* bat's laaiiiEiiofia ana au> monae a end panany up to SI000 pat Aa pteaendy wnttaa. rha Anaana M. avan it amandad ta panne a 0 * laad ttandard n paint, went* aM cemmue ta ban Ma uaa aa aala of many mduwnal and iparial putpean naantipt "at h v (MM Idf iMMhM uM sng whcd Ml not piteam a nuard to cMdtan Among iba ptnduTM atfaciad ttaidd ba automotwo rafbaan aaonnpa. mduatnal mamtananaa taaanpa. manna aooMnaa. and traffc maikmpa. aa nan aa faeieryappbad Mnatiaa NPCA baa addrattad a laitar ia An ton* a Sonata Cemimna* an ApncuUur* Commanea and Labor now conaidanng Hi 20S2 naaai-Mayy. im i l b. ARIZONA H .8 . 2052, at introduced,ccnratnad a 1% standard, but on amondment on rh* House floor redueeo thii to 0 06% and would Kava prohibited th* sola ot uta of ony point ot or obova 0.06% aftar Decamber 31, 1973. Th* bill passed the Hews* in this form end also contained restrictions on th* us* of antimony, aner.ic, cadmium, mercury, selenium, and barium. Intervention with appropriate officials on rh* Senate side hoi resulted in th* bill being "tabled" for thit year, meaning it will a<* in committee ft(introduction next year is anticipated. '* n 0007-SWP-036774