Mike Mattheisen/DC/USEPA/US 

02/28/2008 10:26 AM	

	To

	Joseph Nash/DC/USEPA/US@EPA

	cc

	

	Subject

	Fw: EPA-HQ-OPPT-2007-0487  Lead Compounds TSCA §8(d) Rule  - 73 FR
5109 (Jan. 29, 2008)

	----- Forwarded by Mike Mattheisen/DC/USEPA/US on 02/28/2008 10:25 AM
-----

Mike Mattheisen/DC/USEPA/US

02/28/2008 08:25 AM	

	To

	"Votaw, James" <James.Votaw@wilmerhale.com>

	cc

	

	Subject

	RE: EPA-HQ-OPPT-2007-0487  Lead Compounds TSCA §8(d) Rule  - 73 FR
5109 (Jan. 29, 2008)

The rule only applies to manufacturers and importers of consumer
products that are intended for use by children and that contain lead. 
Purchasing a product domestically does not make you a manufacturer or,
necessarily, an importer.  You may want to review TSCA regulations
concerning who is an importer, however, which can be quite broad.  See,
for example, 40 CFR 707.20, the definition of importer in 40 CFR 704.3,
and EPA's TSCA importer webpages at
http://www.epa.gov/opptintr/chemtest/pubs/imex.htm and
http://www.epa.gov/opptintr/chemtest/pubs/sect13.htm

Mike Mattheisen

Acting Branch Chief

Chemical Information and Testing Branch

Chemical Control Division

US EPA Office of Pollution Prevention and Toxics

202-564-3077

"Votaw, James" <James.Votaw@wilmerhale.com> 

02/27/2008 05:44 PM	

	To

	Mike Mattheisen/DC/USEPA/US@EPA

	cc

	Joseph Nash/DC/USEPA/US@EPA, John Schaeffer/DC/USEPA/US@EPA

	Subject

	RE: EPA-HQ-OPPT-2007-0487  Lead Compounds TSCA §8(d) Rule  - 73 FR
5109 (Jan. 29, 2008)

Dear Mr. Mattheisen,

Thank you very much for this response.  It does not, however, appear to
address my first question (below), which, stated otherwise, is whether
it is ONLY persons who import lead and lead compounds that are in, or
part of, articles that are consumer products intended for use by
children that potentially must report (e.g., would a company that
imports lead-free toys, but also imports lead-containing car batteries
need to search its files for otherwise responsive lead studies
concerning, e.g., domestically purchased toys?).  

Thank you.

 

James G. Votaw

WilmerHale

1875 Pennsylvania Avenue NW

Washington, DC 20006 USA

+1 202 663 6244 (t)

+1 202 663 6363 (f)

+1 202 641 5527 (c)

james.votaw@wilmerhale.com

-----Original Message-----

From: Mattheisen.Mike@epamail.epa.gov
[mailto:Mattheisen.Mike@epamail.epa.gov] 

Sent: Wednesday, February 27, 2008 4:53 PM

To: Votaw, James

Cc: Nash.Joseph@epamail.epa.gov; Schaeffer.John@epamail.epa.gov

Subject: Fw: EPA-HQ-OPPT-2007-0487 Lead Compounds TSCA §8(d) Rule - 73
FR 5109 (Jan. 29, 2008)

Mr. Votaw, below are answers that EPA recently gave to four questions
that were submitted by another correspondent on the same general subject
as your questions.  These answers address your questions in general and
provide additional clarification and guidance.  To address your third
question specifically, studies that do not show any measurable lead
content do not have to be reported.

   Persons who must submit include importers of lead and lead compounds

   that are in, or part of, articles that are consumer products intended

   for use by children.  The phrase "intended for use by children" is

   defined in 40 CFR 710.43.

[....]

Mike Mattheisen

Acting Branch Chief

Chemical Information and Testing Branch

Chemical Control Division

US EPA Office of Pollution Prevention and Toxics

202-564-3077

----- Forwarded by Joseph Nash/DC/USEPA/US on 02/14/2008 03:52 PM -----

                                                                        

             "Votaw, James"                                             

             <James.Votaw@wil                                           

             merhale.com>                                            To 

                                      Joseph Nash/DC/USEPA/US@EPA       

             02/14/2008 03:11                                        cc 

             PM                                                         

                                                                Subject 

                                      EPA-HQ-OPPT-2007-0487  Lead       

                                      Compounds TSCA §8(d) Rule  - 73  


                                      FR 5109 (Jan. 29, 2008)           

Dear Mr. Nash,

As we briefly discussed, I would be grateful if would advise me of the
Agency's view on three questions raised by the recent TSCA §8(d) rule
for lead and lead compounds:

(1) Given the final rule text at 40 CFR 716.21(a)(8)(i), would a firm be
subject to obligations to search for and to submit covered studies (if

any) if that firm:  (a) imports only lead-free products "intended for
use by children," but (b) otherwise also imports other products, not
"intended for use by children," that do contain measurable lead (e.g.,
car batteries or paint with very low levels of lead)?

(2)  Would the unpublished results of a simple product-content test
analyzing for the potential presence of lead in a product "intended for
use by children" (other than children's metal jewelry) constitute a
reportable "health and safety study"?

(3)  Given that studies "relat[ing] to the lead content" of a product
can be negative, and the language of  40 CFR 716.21(a)(8)(ii)
(identifying "studies showing any measurable lead content" as
reportable), would a study showing the absence of lead in a product
(negative result) constitute a reportable "health and safety study"?

Thank you.

James G. Votaw

WilmerHale

1875 Pennsylvania Avenue NW

Washington, DC 20006 USA

+1 202 663 6244 (t)

+1 202 663 6363 (f)

+1 202 641 5527 (c)

james.votaw@wilmerhale.com

