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Lead-Hazards Legislation Introduced in Both Houses of Congress

In the wake of recent toy recalls due to the presence of lead paint, legislation seeking to improve toy safety, enhance the authority and capability of the U.S. Consumer Product Safety Commission (CPSC), and lower the residual amount of lead in consumer paints has been introduced in both Houses of Congress. The bills, H.R. 3691 (DeLauro, D-Conn.) and S. 2045 (Pryor (D-Ark./Inouye (D-Hawaii) were introduced in mid-September.

At issue for the industry is what should be the allowed "residual lead contamination for paints." The current standard is set at 600 ppm (dry weight), a level that has been in place for nearly 30 years. In all that time, the standard has served to protect public health, and in particular the risks faced by children. Paint manufacturers comply with this standard through a variety of quality control methods aimed at ensuring potential sources of residual lead contamination in raw materials fall within specifications such that the product formulation can be shown to meet the standard.

It is important to note that prior efforts to amend the residual level by the CPSC were suspended when its investigators learned that the typical levels in house paints (taken randomly from the shelves) were well below 600 ppm. The new legislation proposes dropping the level to 90 ppm (dry weight), but does not provide a basis for that number. If the federal government passes legislation to lower the residual amount of lead in "consumer paints," it may be difficult for our members to consistently meet this requirement due to the fluctuation in the amount of lead that may be present in raw materials used for paint and coatings.

The first hearing on the legislation took place on Oct. 4 in the Senate Committee on Commerce, Science and Transportation, Subcommittee on Consumer Affairs, Insurance and Automotive Safety.

NPCA was not asked to testify at this hearing but will but provide some input on planned testimony of the National Association of Manufacturers representative. In an effort to "clear the air" surrounding the lead paint/toys/residual lead content issue, NPCA submitted a statement for use by the NAM representative in the event that members of Congress asked questions about the specific provision in S. 2045 regarding the "residual lead contamination level" in architectural coatings. NPCA's statement included the following main points:

1) It is important for the public to understand that for decades the paint industry in the U.S. has not used lead in the manufacture of consumer paints. This includes consumer paints used for application in children's toys, children's furniture, etc.

2) It is difficult to know the amount of "residual lead" present in the raw materials used to manufacture paints today due to the natural variations in raw materials. It is important to note that these raw materials and their residual lead content are used in tens of thousands of products, calling into question the rationale for continued focus on paint only.

3) Prior efforts to amend the residual level of lead in paints by the Consumer Product Safety Commission were suspended when their investigators learned that the typical lead levels in house paints (taken randomly from store shelves) were well below 600 ppm. This new legislation proposes dropping the lead level to 90 ppm, but does not provide a scientific basis for that number.

Proposed IPPIC Resolution

In addition to monitoring lead paint related developments at the federal level, NPCA is also spearheading and effort to have the International Paint and Printing Ink council, Inc. (IPPIC), a group comprised of the major trade associations representing the paint industry throughout the globe, consider and adopt a resolution that would highlight the need for consistent global standards on lead. The following resolution has been proposed to IPPIC members:

"To reduce the risk of lead exposure, IPPIC member associations support formal restrictions on the use of lead compounds in consumer paints and on industrial paints applied to goods accessible to children. Such restrictions may be accomplished through specific legislation or regulation, formal voluntary agreements, or by other means that ensure widespread and verifiable compliance."

"In advocating formal lead use restrictions, IPPIC member associations acknowledge and reference the long-standing effectiveness of lead-use restrictions that are in place in certain jurisdictions and recommend their widespread consideration by authorities not currently regulating lead in paint."

In endorsing such a resolution, IPPIC members would also be made aware of the various national standards in-place for the control of lead in paint, in order to clearly and properly inform legislative and regulatory bodies of well-constructed and protective policy.

Members: Contact NPCA's Stacey-Ann Taylor or Steve Sides for more information.

Source: November 2007 Coatings, posted 10/23/07