Email from Trent Doyle to Joe Nash on the 8(d) Lead Rule 

02/05/2008 02:37 PM	

	To

	Joseph Nash/DC/USEPA/US@EPA

	cc

	

	Subject

	Follow Up ? re TSCA 8(d) rule

	

Joe,

 

Per our conversation re the recent TSCA 8(d) final rule pertaining to
lead in consumer products intended for children, please clarify whether
the scope of the exclusion from reporting in 40 CFR 716.21(a)(8)(i)(A)
for "children's metal jewelry" would cover components of such jewelry
made of other materials, such as crystal or plastic.

 

Thanks,

 

Trent

Trent M. Doyle 

tel: 202.434.4161  |  fax: 202.434.4646  |  doyle@khlaw.com 

1001 G Street, N.W., Suite 500 West  |  Washington, D.C. 20001 

Keller and Heckman LLP 

Serving Business through Law and Science® 

Washington, D.C.  |   Brussels  |  San Francisco  |  Shanghai 

Visit our websites at www.khlaw.com  or  www.packaginglaw.com for
additional information on Keller and Heckman. 

Mike Mattheisen/DC/USEPA/US 

02/06/2008 09:15 AM	

	To

	Doyle@khlaw.com

	cc

	Joseph Nash/DC/USEPA/US@EPA

	Subject

	Fw: Follow Up ? re TSCA 8(d) rule

EPA's TSCA 8d rule concerning the lead content of consumer products
intended for use by children excludes children's metal jewelry as
described by the Consumer Products Safety Commission in an ANPR it
issued on Jan. 9, 2007 (72 FR 920).  73 FR 5112 (Jan. 29, 2008).    The
ANPR concerns "children's metal jewelry containing more than 0.06% lead
by weight in metal components."  EPA's 8d rule, therefore, does not
exclude health and safety studies dealing with children's non-metal
jewelry or non-metal components of metal jewelry.  In addition, CPSC
ANPR explains why the ANPR was specific to children's metal jewelry:

Investigations by the CPSC Laboratory staff indicated that the
extractability of lead from children’s metal jewelry is strongly
associated with the lead content of these items. (920)

At this time, CPSC staff is focusing on metal jewelry containing lead
because the available data indicate that such products could be
hazardous due to their lead content and potential for exposure. More
information concerning potential lead exposure of other non-metal
materials that may be used in jewelry is needed before staff can assess
whether other non-metal materials used in jewelry present a hazard.
(921)

Mike Mattheisen

Acting Branch Chief

Chemical Information and Testing Branch

Chemical Control Division

US EPA Office of Pollution Prevention and Toxics

202-564-3077

