Protocol for the Management of Post-Consumer Paint

Appendix D: USEPA News Release: Use of
Mercury Compounds in Indoor Latex Paint Eliminated

FOR RELEASE: FRIDAY, JUNE 29, 1990

USE OF MERCURY COMPOUNDS IN INDOOR LATEX PAINT TO BE
ELIMINATED Al Heier (202) 382-4374

To avoid possible health risks, the U.S. Environmental Protection Agency announced today that the use of mercury compounds in indoor latex paint will be eliminated. In addition, warning labels will be required on all outdoor paint containing mercury stating that the paint is for outdoor use only.

Effective on August 20, all further production of paints containing mercury must be labeled exclusively for exterior use. EPA prefers that consumers use paints which do not contain mercury when painting indoor surfaces. To deal with existing stocks of paint containing mercury, the National Paint and Coatings Assn. is working with paint manufacturers to re-label all paints with higher mercury levels (over 200 parts per million) for exterior use only. EPA believes that consumers may continue to use interior paint with lower mercury levels (200 parts per million or less) without unreasonable risk if they follow all label directions, which include ventilating thoroughly during and after use and minimizing exposure to children.

The manufacturers (registrants) of mercury products registered as pesticides for use in latex paint voluntarily agreed to the announced actions following discussions with EPA. Mercury is used as an in-can preservative to prevent bacterial and fungal growth and to control mildew on exterior surfaces. It is used in 25 to 30 percent of all interior latex paint (it is not used in oil based paint), and in 20 to 35 percent of outdoor latex paint.

The Agency has contacted the approximately 1500 paint manufacturers in the United States in an effort to identify the specific paints containing mercury. Information on specific paints will be available to the public through a toll free number for the National Pesticide Telecommunication Network, 1-800-858-7378, as well as State Health Departments, State Departments responsible for regulating pesticides (usually the State Department of Agriculture) and EPA Regional offices. Information on specific paints may also be available through the paint manufacturer.

After August 20, manufacturing interior paint containing mercury will be unlawful. By July 23, the mercury registrants have agreed to label their own products with specific directions and to deliver similar sticker labels to the paint manufacturers. The labels will prohibit use of mercury products to make interior paint. warning statements and maximum allowable use rates will also be required on all newly formulated mercury-containing exterior paint.

EPA's review of the use of mercury compounds in pain's began after a report of acrodynia (a rare form of childhood mercury poisoning) and following an investigation by the Centers for Disease Control and the State of Michigan. This severe case involved a four year old child whose Michigan home was painted in 1989 with paint containing mercury. The child's condition is much improved following medical treatment. In this case, the paint contained three times the amount of mercury normally used to preserve interior paint (930 vs. 300 parts per million).

Exterior use paints and paints labeled for both interior and exterior use may contain high levels of mercury. EPA recommends that these products not be used indoors if they contain mercury. The Agency is cautioning businesses, schools, homeowners and others, against the practice of using exterior paints containing mercury on interior surfaces because the higher mercury levels increase the chances of possible health effects.

"While available evidence suggests that mercury poisoning is rare, EPA is concerned about the potential risks to public health and the environment that may be associated with the use of mercury in paint," said Linda J. Fisher, EPA's Assistant Administrator for Pesticides and Toxic Substances. "EPA wants to prevent the potential risks that mercury in indoor paint can pose. We applaud the responsibility of the registrants of mercury for agreeing to delete this use from their registrations and to accelerate the development of data so EPA can make prompt decisions on the remaining uses."

Most pesticidal uses of mercury were banned in 1976. The use of mercury in paint was allowed to continue because it was determined that effective alternatives were not available. Alternative preservatives are available today and are already used by many paint companies. At this point, EPA does not believe that any of these alternatives present an unreasonable risk. Since paints contain many chemicals, however, it is always prudent to minimize exposure by ventilating the area being painted as well as possible.

Acrodynia is characterized by weakness and severe pain in the extremities; pinkness and peeling of the hands, feet, and nose; irritability; sweating; and a rapid heart beat. Other effects of mercury poisoning include decreased motor functions and muscle reflexes, slight tremors, short term memory loss, headaches and abnormal EEGs (a graphic record of the electrical activity in the brain). In both adults and children, the major targets of mercury poisoning are the nervous system and the kidneys.

People who believe that they or a family member may be experiencing signs or symptoms of mercury poisoning should contact their family physician. People who recently painted indoors with a mercury containing paint are urged to ventilate the area thoroughly by opening windows for as long as possible and practical. If possible, place a fan in or near an open window to enhance circulation and draw the paint fumes outside.

EPA is conducting studies to determine the rate at which mercury vapors are released after paint is applied, the actual concentrations in the air, and the amount of time it takes mercury to dissipate. EPA believes that mercury concentrations in the air decrease within a number of days after painting. Lower concentrations may be present in the air for months after application, however.

As a result of discussions with the mercury registrants, only phenyl mercuric acetate will remain registered for use in paint. Use will be limited to exterior paint and coatings and miscellaneous interior uses (speckling and patching compounds, for example).

Registrants of mercury will be required to develop and submit substantial additional data concerning the remaining uses in exterior paint. The Agency will be assessing whether further action is warranted based on the results from these studies and other available data.

Mercury compounds are also used in other products for interior use including speckling and patching compounds, joint compounds, adhesives and acoustical plasters. EPA is continuing to evaluate these products and will determine whether action is necessary to address risks from these uses of mercury.

Homeowners and consumers who wish to dispose of mercury-containing paint should take the paint to a household hazardous waste collection point in their community. If no community program exists, the consumer should consult their local government for proper methods of disposal. For further information, contact the State environmental agency, State health department, solid waste management agency, or Regional EPA office to determine an acceptable means of disposal. EPA cautions that paint containing mercury should never be poured down the sink. drain or toilet. Mercury which enters aquatic systems can form methyl mercury which is very toxic to humans and animals.

Businesses who wish to dispose of mercury-containing paint may be subject to Subtitle C regulations governing hazardous waste under the Resource Conservation and Recovery Act. The method of disposal will depend on the concentration of mercury in the paint and the quantity of hazardous waste that the business generates each month.