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Background Information The Lead-in-PaintIssues National Paint and Costings Association (NPCA) 1500 flhode liiartd Avenue. N.W. Washington, D.C., 20005 (202) 4*2-6272 Th# Manorial Patm and Coatings Association iSPCAI is o trade association representing the manu facturers of mote than 90 percent or *hr dollar vol ume of paints, varnishes, iecour's and allied products produced in the United States. It represents motor suppliers Of raw materials from which Iht industry's products are made, industry saies amount to more than S3 billion annually at retail level, providing employment for more than 70.000 persons at the point manufacturing level alone and more than ZOO.000 at the.retail level. In addition, the number of union painters whose livelihood is dependent on the industry is 110.000. Tht industry's products protect, beautify or con tribute to the usefulness of hundreds of thousands of products manufactured nationwide. Although the monetary value of paint for a house, automobile or appliance is a very small pert of the total monetary value of any of the items, the "value added" by paint is extraordinarily high. There is probably no single component in all these products that contributes as much protective value and aesthetic appeal per dollar as paints and coatings. The National Taint and Coatings Association and .its industry members have a serious concern over the problems of iead poisoning in children which is occurring today in most metropolitan areas. NPCA has pledged its full support to continue to work to soivt this senous problem. The health of the public, particularly our children, must now and always be tht paramount consideration. The Problem of Old Uad-Sawd Point! The mow* refariomhip of pem iq the lead poisoning problem oi lodov was identified Man ago as the o*d tad-based paint which it Doting or peeling from the walls of dilapidated hooting m the urban treat, par ticulohy in iht slum areas where maintenance has been neglected. H is the pre-World War H housing that is most hazardous. More than 30 rears ago. the paint industry . began eliminating these old heavily-leaded paints which ouen contained a* mucr as 50' oaiic caroonai* o> e*d .wntte 'eadi. a mehiv so*uoie. 'eac co^oounc. These 'vere tne oest Quamv pamis gnown to man at mat time, jno me type pre><roe<J o> ^ovmmem specif'catiom in inner.efv dwellings, particularly ilum mousing wnere mamienance is minimal or non-ensient and where Housekeeping is oeiow standard, Chios or oamt or ojim* moregnjted piaster mav oe eaten ov voung cniioren. This s recognized now as one or me causes or cmldhood lead poisoning, and. according to medical e*oem. gen erally >s associated wuh a condition known as ''pica'#a compulsion to eat non-iood materials such as dirt, wood, paint Chios, paper, and plaster, when children are living m old. dilapidated, ere*World War u housing, they are exposed to tne many coats or old paint on me walls and wooowork. The paint irgquently contains significant amounrs of old white lead pigments. Additionally, inner-cuy children are generally exposed to greater lead pollution m the air and on me ground caused m part by combustion sources. Under suen circumstances. ;ead. poisoning n likely to occur. The National Paint and Coalings Association considers it most untortunate. however, that the suoiect of lead in modem paints seems to be getting more attention ,, . today than me real problem --the old paint m me inner cmes. The focus stems to have cnanged from rhe detec tion and'elimination o) the old lead-based paints to the question or wnat further reduction >n me amounts of lead used n modem paints mould be made bv the industry. This does not suggest that the pamt industry n opposed to laws or regulations on lead content, it has actively supported those winch are accurate and m the public interest- It does not suppon laws and regulations which are arbitrary or misrepresent me problem. Lead in Modem Painti Of particular concern to the paint industry are reg ulations and/or legislation which would reduce the ifed-coment standard for household paino to 0.0* per-' c*m lead n the total non-volatile content of liquid paints or in the dried film of point already applied. The term ,,leid-baitd" paint has been used very . looseiy. It A more accurate to discuss very small puaiui** (tn of lead in points. The industry started phasing owl. -. white lead at a banc ingredient ot intenor paint more -- than.30 years ago whtn uumum dioude become conv.v - .~*<wV 1 "weer r^cv.!. .y.f;. 0007-SWP-036827 N22948 -w-c-*..* z-* .ttz >4 . -c ^' -'"> 'j* * PJr / "OO'-jrw : \ - " aue* x'C <zo '"Ci-rOeuiev w>e ae*"i ,wo :> p^owa* . ;rui Or. xe'iov im i co'^oijno airc e*a OOfUjJdf b*>gnt COJO'S-HfdV. r^^Ov-V gre^ni *nd ora*; . . - rceute. a-erv %o*uO*e eac co<v*oowc. wr%cn *rv . irw3. at counr. fead comoownoi "uve oeerv ufaM. wh/# ` . tiodoced mio live drn>*j/n aier oi irve idui* Homxi *ppropaj[e..iwcorro'y*or,v-*euu*/w coaimgs becjuve th*y :"' * .. . wets. He dd nos w&rr w-in th* imai or ieao <om- . are esoecuJly valuable fO' *<* u**v The use or iezd m ' - pounm used m paint toil/ and no auemoi was made io coirovo#vfani coatings today n nor oe*ng que*oned .* - > . -- leedpatm cn/Q> to ho s^jbirca. The conousions os Dr. became it s recognized ihat these are essential fo - tmg do nor uke into comideranon ih tan inn me prooerty maintenance ind no hazard to children exists lead compounds actually used ,n wnt /e i<si solu from such uve*. ble than lead acerai* and. wnen maestea *n me toim of dried pamt cmp*. snoud be iosoroed bv me numan Lead pigments ior color* and most omer use* ZlreiCY had been largely Oiscominued in inferior residential body at a much slower .*ae. n at all. A priao itlm oi -*odern oami is a hard, tairl# .nso>uble suostance containing Mint* to ensure tbit tnete product* would nor exceed 'runs, oiimenis and omer mgred'enis iate not use 1 percent level established some tears ago ov a easily dissolved m me numan system it is not *nown voluntary stanoard ana mcoroorated into me le jd- wnai amount, it any. oi *ead co^oou^ci - encaoswaied Sated Pamr f*osonma P-etenncm ac t n 97i. iecti*e m pami mmv-is ao>ori>ed imade 3*0'0g*ca:w ava. *o*ei January t. 1973. noutenoid pamrv now mus comply with mo me numan *v>iem me order or me Food and Drug Aommisiranon wnttn further lowered me leao-conicnt yianoard to 5 . in comrasi io Dr Sl.nr s wont, ainer --O'e 'eceni :t vearen oaveo on ammai-'eeO'ng uuOiev o< actuui oam< The small Quanmiesof lead comoounos used <n some turns indicates a muen nigner ievei o> >eac <o oe sate. modern residential paints are aodeo >or drying proper- This is the wor* oone ov Da. Cage ano LircnnetO. wno nes. Thev are used so trie oaint will dry properiv wiihm puohshed their hndingj m Engianc m 1969 in onei sum reasonacle times to a tack -rree. bare, durable surface. mary. this research indicates tead limits mat are con Reims imoui driers remain tacky for oav*. ana weens servatively from 4Vj to 9 times n?r>er. Fyrtnermore. in some cases. Lead driers are unique m mat inev have a mese limits ate based on a dailv *nue over a period wnergfShc effect in me action oi other mgreaienti; ot vezrs. a much more oramauc situation tnan is rne ihev promote proper Mm drying with oetrer adhesion, case today wuh young children. Considering tnai mese and ihev prevent lost of crying properties during storage are sate -aiues tor daily feeding, then ine hazardous of the paint. levei must oe very much higher than the proposed .06*> ead level, tn fact. Da. Cage and litcntietd snowed mji A 06 percent lead limit means tbai no fead mav be the danger oose is SO times me sate oose- added during the manuiacturwg process. The me or lead dners would theretore be eliminated. NPCA does not agree that reducing the lead content to .06% is in any wav necessary for the saiety and health of children today, or vet unborn. It is ivPCA's contention that neither human experience, records of rhe poison control centers, nor adeouaie research and animal feeding studies have shown [He need for such action. The primary problem to be resolved, then, is what is a sale standard, or said another way, what ii the hazard ous level of lead in paint, and How is this level to be determined? In October. 1971, the Director. Division oi Hazardous Substances and Poison Control ol me Food and Drug Administration, commented on me absence or naro sci entific data. He wrote: "there is no data from scientific studies to show how much lead m me form of pamt chips a child might ingest per dav. nor what iracnon of such daily "dose" will be absorbed although several scientists have used assumption on the Quantities m developing their models We Have never seen any epdemroiogicai evidence that lead poisoning has resulted from mgestton of paint chips containing 0.3% lead, nor can we produce toxicological data to support a rinding that such a concentration will result in poisoning, in Whal is a Hazardous Level of Lead in Paint! fact, we are unabW lo produce epidemiological evidence of lead poisoning even at 1% in dried paint films pr dex- There are fhose who suggest that alt lead m paint should and can be eliminated. As indicated previously, ` amentary tcianbTK evidence* to support a finding that this level If eneugh to result in overt symptoms of lead other groups have suggested mat lead levels in pamt be pOMonifif." (emphasis provided). reduced to a .06* * level. 9oih situations would consti tute a ban. m both cases me assumption has been made thjr lead levels m eietss of these amounts would build up to a hazardous level over the years after several Iarea There is an absence ol empirical data and to impose an arbitrary standard at this time is. <n effect, condemn ing a useful consumer product which has not been tatily of modern punts had been applied. tested. The proponents of The .06% level base their conclusion principally on the work of Dr. Robert A. Kehoe at the Kettering Laboratory, University of Cincinnati. The valid*' iiv of Kehot's work is not being questioned by NPCA. * However. NPCA it questioning the assumptions made and conclusions drawn From Kehoe's research by others, included is Dr. Sarry King o# the U4. Public Health Serv ice. Department of Health, education and Welfare, whose work (which is alio the basis for the position of the Amencan Academy of PvdUrrfcU, NPCA contends is baaed more on mathematical extrapolations from Or. Keftoe's woHi than on researdryon dry paint films and . appropriate animal-feeding studies incorporating these * v-. - .. ... ,v.. . . Research is Underway Research is underway which wilt provide sound and reasonable besrs for tegt*i4i>on, if needed. NPCA has unoeruken a research program, being condiicted bv an independent laboratory, involving ammal-feedingt of paint chips with the mgredrents used in modem paints. The test protocols have seen established, with the iu h h tarsee and advice of FDA. the lurtau of Community in* vironmenuJ Management llClM).~bcrh pan of the Depanmem of Health, Education and Welfare-leading . medical-authoririeo, and others. The proiectisongoing.; L7.K>e Q007-SWP-036828 0007-SWP-000112773 ^e*mnsfrui resufr* v*M 4a.aoie pgnng :^r3. prop*Oiy within 6 so months.. a is o , tr< immure o' Environmental Med<me o New vont Lnivcrywv Medicat Genre' nas * retire* pro'um underway. fvnoeo bv she Citv O' Nt* ror*. m idOH'O^, : < understood mil fOA ino 8CEM hive .mocrtaven retear<n programsoi ?n#* own Ccnaimv. me soentittc .nowiedee Being aeveiooed Dv mote iiuCies -**1 o'o* ae many 01 tne angers to rne Cutrsi'cm *n(cn etist :coav- ^nnl these studies arc como'C'sc on cred oamr turn containing me opes anc jnso^m pi eao < cmouunq', aciuiiiv useo bv me oami -nouvirv 'Oda* me 'ca^cnon or .me ,eio content n jjmrs to jn cceeameiv .ow mvet. tucn as an> proposal to cstaontn a 06* i sianoard. wou*o oe a greoo'tous ano urnecessan aci,on sPCA is con* .cent mat resea'cn win prove m*i ;ne 1 0*. ieve oi >cad n modem paints is not a na;ard :o crmcren. However, as ev.oence Ot Its real concern ano io piovnje an aoui* onu margin ot satetv, .n PCa nas act'veu -wopor'cc a reduction io .cao <n nouscnoid oani> elective >>nce Oeeemoer 21 1972 Tne 5'>-eio standard allows q i :rmned use ot lead oners ano environmental and aw material contaminants. Contamination can occur oereuse ieao >s suen a common eiement. General Impact on Paint Industry M Dtpviouslv stated. a 06* . eve> mrans lor all prac:*cal purposes mat the manufacturer can aad no lead during The manuiactufng process. vtanv rnanoucturers do not have available any '"on ihc snelt" suosutute. Therelore, at the very outset, extensive ano costiv testing and retormuiation o' entire product unes would be nec essary. Any substitutes <or ieac tomnounc'. would them selves have to be tested, not on> tor erreenveness. but aiso IpliOty in addition, it would be necessary, m oraer io prevent an maovertem violation. to/ me manutacturer to install yerv etpensive oharrnareuhcawvoe anat\si\ and lesfmg ectuipment into tne profluCtton ime or nave cash prod uct Daicn tested bv outside laboratories Before market-ng. Ouisiae testing is prohibitively e*oensivi. particu-anv ror small companies. The immediate rcsuii or a .06* lead level would be a complete disrupt,on or an mausirv with doubt as to the joihrv or many manuiacturen to survive, The uinmait esuit is a more costly, levy vaimactorv product. If ih% ii r'ecessarv rrom a health standpoint, theindusirv will do t However. n ?Ca urges only mat the necessity be established mor assumed! bv competent, thorough re search. Petiefa* Preemption . * SPC-A urges one ahet >moorrant provuton >r nw laws, it asks that a 'uil federal preemption provision oe nsened. suruia/ to mat in tne fede'at Ha^aroous >uo>iances ac t . federal pteemptian it e*ffem?,v maorijni :o manutjcru/ers io avoid the undue and -nnecestarv Ouroen o' Oemg required to compiv witn ihe otoii'erar* mg anp varying state and tocailv-esiaDnsned suncaras. viapy oi tneve axier m -eac ivet sundaras. e"ec:ive oatev. jna aoeimg reQuiremems. res j iim m coniusion ano oostactes tor mose mjnuracru'e'S moving men orooucts m interstate commerce. The federal are* emotion would estaomn a unuo'm sianoarp 'Of '"e en tire country. in summary. NPCA l 'taily ccnce,neu w*m ing ..aa poisoning p/ooim or toaav and strongly suOporrs e'torrs rp eradicate it. This can oe accompitsnea ov me removal or masking or me oid paint oeenng .'rom tne surfaces or dilapidated housing. The generations ot io* morrow, vet unborn, must be protected ov me aroouc"on or sare products tooav The saie :ead :evei men <s tne nev ana snouid be nnallv'jnd conclusively deter mined by adequate scientific researcn. This teve*. once deiermined. snouid Become gur nauonwioe sraacard. n PCa has urged tnar mese ooiecnves De accompnsned as toliows: a. Incorporation of a requirement lor research ov Htw to determine the sate level ot teao <n resi dential pamt producis wan me addmonai require ment of a timely repon to Congress. This research requirement should be parr ot federal law. b. Deferral of any further reduction below the cur rently effective .5"* lead standard unless and unni the need for such reduction is exaotrsned Oy tne ongoing research. c. Provision tor federal preemption which lers a uni form, national standard for lead teve'i *n pam. d. Aggressive detection, and correction programs at rhe state and focal levels re eltmmare me naiaro of old lead pamt; The programs should be soon>ored and funded bv me Federal Government to tne maaimum degree oosstbie. This j a medical as well as housing problem, and programs to etimmate the haaard must be directed to bom aspects. r-V* 0007-SWP-036829 0007-SWP-000112774