Court stays OSHA cadmium standard as it pertains to pigments.

The Eleventh Circuit of the U.S. Court of Appeals in Atlanta granted a stay of the OSHA Cadmium Air Standard, solely as it pertains to cadmium pigments, on December 3, 1993. The action followed oral argument before the Court on November 30, 1993 in support of a petition by the Color Pigments Manufacturers Association, Inc. (CPMA), Alexandria, Va.

The Cadmium Pigments Committee of the CPMA (formerly known as the Dry Color Manufacturers Association) filed its petition for review of the standard in late 1992, after OSHA issued the final regulatory standard for occupational exposure to all forms of cadmium on September 14, 1992. That standard lowered the permissible exposure to cadmium-containing dust from the former 200 micrograms/|m.sup.3~ of air, to 5 ||micro~gram~/|m.sup.3~ (see PT, Nov. '92, p. 78). CPMA argues that OSHA did not consider the substantial evidence presented on behalf of a separate standard for cadmium pigments in their finished form. Although exposure to cadmium is believed to increase risk of lung cancer and kidney disease, pigment makers have long maintained that the high-temperature (1200 F) calcining process used to make cadmium pigments renders the metal insoluble and thus biologically unavailable. CPMA also requested that the Court grant a stay of the standard while considering its petition in order to prevent the standard from negatively affecting customers. In the opinion of CPMA's legal counsel, the Court's granting of a stay while it considers CPMA's appeal of the standard (which could take months) means that cadmium pigment users, including those termed "dry color formulators" by OSHA in the standard, are not subject to the requirements of the standard, pending a further ruling by the Court.

CPMA's counsel warns that "the action of the Court can be subject to many alternative interpretations." The counsel's "best interpretation" is that cadmium pigment users do not have to meet the OSHA exposure limit for all cadmium and its compounds of 5 ||micro~gram~/|m.sup.3~, which involves an action level of 2.5 ||micro~gram~/|m.sup.3~, required medical surveillance at 2.5 ||micro~gram~/|m.sup.3~, and required engineering controls at 5 |microgram~/|m.sup.3~. Instead, the counsel advises that users of cadmium pigments are now required to meet an interim exposure limit of 50 ||micro~gram~/|m.sup.3~, with an action level of 25 ||micro~gram~/|m.sup.3~, medical surveillance at 50 ||micro~gram~/|m.sup.3~, and engineering controls at 200 ||micro~gram~/|m.sup.3~.

Although viewed as a "positive development" by CPMA, the stay is not the Court's final opinion, which is expected within a couple of months. A favorable ruling in this case is likely to return the cadmium standard--solely as it applies to cadmium pigments--to OSHA for further action. For further details about the Court's ruling, contact CPMA director J. Lawrence Robinson at [phone]. Florida Imposes First Packaging Tax

Florida's new Advanced Disposal Fee, which went into effect on October 1, 1993, is the first packaging tax designed to promote a mandated recycling rate for disposable containers. Florida's ADF puts a 1|cent~ tax "on individual cans, bottles, jars and beverage containers which are recycled at less than 50% in Florida." Kentucky has drafted a similar law, except that the target recycling rate is 65%, and other states are watching closely. Plastics resin and packaging producers did not actively oppose the Florida law because consumers, not producers, pay the penny and some packages are exempt already. The ADF will apply to plastic-coated paper cartons, as well as plastic or glass soft-drink bottles, water jugs, motor-oil and household-chemical bottles. The tax goes up to 2|cents~ per container next year. Containers made of aluminum and steel, which are already recycled at over 50% in Florida, are automatically exempt, as are plastic medicine bottles. PET soft-drink bottles are close to achieving the mark.

After July 1, glass or plastic containers can also be exempt if they contain 35% recycled content for glass and 25% recycled content for plastic, or if they are recycled into other products such as "glasphalt" for highways or carpet fibers. The ADF is expected to raise between $23 million and $40 million this year, half of which is to support recycling in Florida and half to go for sewer construction and other water-treatment projects.