July 20, 2012 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 Washington State Department of Labor and industries and the Washington Poison Center take note of the 50th anniversary of Poisoning Prevention Week and the essential role the Consumer Product Safety Commission (CPSC) plays in keeping consumers and their families safe from 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 (MeCl), 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 MeCl 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 on MeCI-containing paint strippers, requiring a cancer warning, but did not otherwise restrict the use or composition of this product. At the national level, 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(07); 119-122). These cases suggest that MeCl is too hazardous to be used outside of engineered industrial environments. The Washington State Department of Labor and Industries conducted 21 enforcement inspections targeting MeCl during the period 2003-2008. Workers? exposures exceeded Permissible Exposure Limit (PEL) for 24% of these inspections. The highest exposure was 17 times higher than the PEL and occurred during bathtub refinishing using Kleen-Strip paint remover, a readily available consumer product (Lofgren, DJ, CK Reeb?Whitaker, Adams: Surveillance of Washington OSHA Exposure Data to Identify Uncharacterized or Emerging Occupational Health Hazards. Occup Environ Health 7:375-388; 2010). Chairman Inez Tenenbaum July 20, 2012 Page 2 Further, according to the Washington State Poison Center, some 95 cases of MeCl exposure from paint strippers and similar MeCl containing consumer products were reported to the center during the period 2007?2011. Ofthese cases, all but 1 were reported as unintentional exposures and 25 involved hospital visits. The most frequently reported exposure products were JASCO (29) and Klean?strip (9). To summarize: 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, 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 Washington State Department of Labor and Industries and the Washington Poison Center encourage the CPSC to review the current regulatory position regarding this chemical. Specifically, we urge the CPSC to examine the potential for acute toxicity due to 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. We look forward to working with you staff on this important issue. Sincerely, Todd Schoonover, CIH, CSP Industrial Hygiene Research Manager SHARP Program Washington State Department of Labor Industries 360.902.5663 U.S. CONSUMER PRODUCT SAFETY COMMISSION 4330 EAST WEST HIGHWAY BETHESDA, MD 20814 Melanie B. Biggs, Tel: 301-504-7858 Toxicologist - Email: mbiggs@cpsc.gov Consumer Product Safety Commission Directorate tor Health Sciences Dr. Todd Schoonover, CIH, CSP Washington State Department of Labor Industries SHARP Program PO Box 44330 Olympia, WA 98504?4330 Dear Dr. Schoonover: Thank you for your letter dated August 1, 2012 to Inez Tenenbaum, the Chairman of the US. Consumer Product Safety Commission (CPSC). I have been asked to respond. Please note that the information in this letter is that of the CPSC staff. It has not been reviewed or approved by, and may not necessarily re?ect, the views of the Commission. CPSC staff appreciates and has reviewed the information in your letter and additional information on the potential for acute toxicity due to methylene chloride inhalation in enclosed spaces associated with consumer usage. The Commission issued a Statement of Policy in 1987 concerning products containing methylene chloride This Statement notified manufacturers that provisions of the Federal Hazardous Substances Act (FHSA) require: (1) their products be labeled to indicate that inhalation of methylene chloride vapor has produced cancer in certain laboratory animals and (2) specified precautions be taken during use by consumers. Precautions include providing ventilation if used indoors and not using the product in enclosed areas. Also, a General Order (55 FR 32282) was issued requesting information from industry regarding manufactured and/or imported products that contain 1% or more of methylene chloride. The CPSC staff worked with industry and determined the best way to inform consumers ofthe hazards associated with methylene chloride-containing products was through improved labeling. CPSC informed industry ofthe enforcement policy and labeling in a letter in 1995. Our Of?ce ofCompliance believes that the current label on consumer products meets the requirements of the PH SA. If you have any other questions regarding the labeling of products that contain methylene chloride, please contact Mary Toro, Associate Executive Director in Of?ce of Compliance (301 604-7586). To provide information to the public concerning this matter, CPSC has produced a paint stripper pamphlet with the Environmental Protection Agency (EPA) that details proper ventilation, chemical-resistant glove usage, and also discusses the safety measures that should be taken to decrease exposure fan usage and outdoor application) to methylene chloride. The pamphlet CPSC Hotline: 1-800-638-CPSC (2772) CPSC's Web Site: Dr. Todd Schoonover Page 2 also discusses acute and chronic toxicity effects associated with methylene chloride exposure, such as ocular, skin, and respiratory irritation, central nervous system effects, and organ damage; however, this pamphlet does not currently address do-it-yourself(DIY) projects or use in enclosed spaces. Therefore, staff, along with EPA, is revising the existing pamphlet to address the increase in DIY projects, including bathtub refinishing and uses of paint strippers (including methylene chloride) in other enclosed spaces. To view the current pamphlet, please go to: In addition, CPSC staffis aware that OSHA and the National Institute for Occupational Safety and Health (NIOSH) are deve10ping a hazard alert that will address the health concerns regarding the occupational use ofmethylene chloride in bathtub refinishing in enclosed spaces with reduced ventilation. I hope this information helps to address some of your concerns. Please feel free to contact me if you have any questions. Sincerely, elanie B. 7f