State of California?Health and Human Services Agency California Department of Public Health 9CDPH RON CHAPMAN, MD, MPH EDMUND G. BROWN JR. Director State Health Of?cer Governor May 29, 201 2 Inez Tenenbaum, Chairman US Consumer Product Safety Commission 4330 East West Highway Bethesda, MD 20814 Dear Chairman Tenenbaum: METHYLENE CHLORIDE IN CONSUMER PRODUCTS (PAINT STRIPPERS) The California Department of Public Health (CDPH) takes note of the 50th anniversary of Poisoning Prevention Week and the essential role the Consumer Product Safety Commission (CPSC) plays in keeping children safe from ingestion hazards. In the spirit of consumer protection, we wish to bring another hazard one affecting both workers and consumers to the attention of the CPSC. The hazard in question is methylene chloride as used in commercial paint stripping formulations. In the early 1970?s, environmental scientists discovered a unique property of MeCl the compound is metabolized in the human liver to carbon monoxide, rendering it especially hazardous to users. In the mid?1980?s, the National Toxicology Program further determined that caused cancer in laboratory animals. At that time the CPSC commissioned studies to determine what exposure levels might be encountered during consumer paint stripping operations. Studies conducted at the Lawrence Berkeley National Laboratory documented levels approaching the IDLH (Immediately Dangerous to Life and Health) level established by the National Institute for Occupational Safety and Health (NIOSH) - implying an immediate threat to life, incapacitation, or lasting health damage after relatively short exposures. In response, the CPSC strengthened warning labels onMeCl-containing paint strippers, requi,ri,ng,,a Cancer Warning, but did not otherwise restrict the use or composition of this product. Over the past two years, CDPH has learned of two workplace fatalities in California as well as at least one serious injury involving hospitalization due to inhalation of MeCl? containing paint strippers packaged for consumer use. See: CENTER FOR CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION PO. Box 997377, MS 0508, Sacramento, CA 95899-7377 Tel: 916/445-0661 Fax: 916/445-0688 Chairman lnez Tenenbaum May 29, 2012 Page 2 Further, according to the California Poison Control System (CPCS), some 44 cases of MeCl exposure from paint strippers (three quarters of which were unintentional consumer exposures) were reported to the CPCS system in 2011. Of note, NIOSH and the Occupational Safety and Health Administration (OSHA) recently reported a total of 13 fatalities over the last decade among US bathtub refinishers using commercial formulations indistinguishable in composition from consumer products (Morbidity and Mortality Weekly Report, February 24, 2012 61 119?122). These cases suggest that MeCl is too hazardous to be used outside of engineered industrial environments. To Wit: 0 Because of its high volatility, MeCl requires the user to employ highly sophisticated exposure control measures including industrial ventilation and a high level of respiratory protection. In fact, for paint stripping operations, industrial ventilation and a supplied air respirator are needed to prevent excessive exposure. These industrial control methods are typically beyond the knowledge and means of the average consumer. 0 Because of its high material penetration, MeCl requires special chemically resistant gloves, which are not readily available to consumers. Because of the acute health hazards and recent deaths due to methylene chloride in paint strippers, the California Department of Public Health encourages the CPSC to review the current regulatory position regarding this chemical. Specifically, we suggest that the CPSC examine the potential for acute toxicity due to MeCl inhalation in enclosed spaces, and consider whether additional restrictions on consumer sales are necessary. While we understand that the CPSC authority pertains to the consumer market, further regulation of methylene chloride in consumer?available paint strippers will prevent worker deaths as well. Staff members from Division of Environmentaland Occupational Disease Control (DEODC) are available to brief CPSC technical staff on this issue at their convenience. Staff contacts include Dr. Robert Harrison (510?620-5769) and Dr. Dennis Shusterman We look forward to working with your staff on this importantissue. Sincerely, olph, MD, MPH. Director Center for Chronic Disease Prevention and Heaith Promotion Chairman Inez Tenenbaum May 29, 2012 Page 3 cc: Rick Kreutzer, MD, Chief Division of Environmental and Occupational Disease Control, California Department of Public Health Ron Chapman, MD, Director - California Department of Public Health