# Presentation: 690436

## Slide 1

## ISEA COMMENTS TO EPA WORKSHOP –  MARCH 27, 2003Washington, DC

- The International Safety Equipment Association (ISEA) is the leading trade organization representing manufacturers and suppliers of personal protective products and equipment, including all types of hearing protection devices.

## ISEA appreciates the opportunity to provide input to the EPA as it seeks to update its regulation 40 CFR Part 211 regarding the effectiveness rating and labeling of hearing protector devices.  As the agency moves toward this goal, ISEA member manufacturers of hearing protectors believe several important issues should be addressed when developing the proposed rule to update the regulation.

## Grandfather clause

_**Grandfather clause**_
**While we are aware that the EPA will likely consider several options for revising the current regulation, it is important for the agency to understand that manufacturers will need to be provided adequate time to implement the updated program into its manufacturing processes.  As such, ISEA member companies respectfully request that any proposed regulation include a grandfather clause to allow manufacturers a reasonable amount of time to comply with the new regulation.  Manufacturers anticipate that there will also be cost implications associated with an updated regulation.  ISEA members expect to provide a detailed analysis on the economic impact to their businesses once the EPA publishes a notice of proposed rulemaking.**

## Product Retesting

- _Product Retesting_
- ISEA member manufacturers would like to state that, depending on the route EPA takes relative to retesting, it could take more than three years to implement the EPA program if manufacturers are forced to retest current products.  ISEA recommends that EPA draw a parallel from the NIOSH respirator testing requirement and require that retesting on hearing protection devices must only be conducted if there is a significant changes to the form, fit or function of the device.

## Funding

- _Funding_
- We understand the challenge that the agency faces in obtaining the appropriations for the Office of Noise Abatement and Control (ONAC), especially given the fact that the office has gone unfunded for quite some time.  ISEA feels strongly that in order for the EPA to effectively implement and enforce any changes to the current regulation, ONAC needs to be adequately funded and we encourage the EPA to have a plan in place to secure the necessary monies to carry out its program.

## Education

_**Education**_
**Regardless of what a final rule might look like, manufacturers agree that informing the users of any changes will be critical to the program’s success.   Many manufacturers and user organizations take great measures to educate users of safety equipment on changes in requirements and regulations; however, we strongly encourage EPA to take the lead in conveying any changes to the users, specifiers and consumers, especially those related to labeling requirements and rating schemes.  Manufacturers would certainly be willing to assist EPA or any other agency in providing information to the user community. **

## Other Issues

_**Other Issues**_
**	****There are other issues that ISEA believes the EPA should consider as it revises its hearing protection regulations, and different views within the industry as to the appropriate solution.  These include the following:**
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_**Selection of a preferred test method.**_**  Currently 40 CFR Part 211 requires testing of hearing protectors in accordance with ANSI S3.19-1974.  This standard has been superseded by ANSI S12.6-1997 (R2002), which includes two test methods.   Should EPA require that hearing protectors be tested using method A (experimenter fit) or method B (naïve subject fit)?**

## Rating System.  Should a hearing protector’s rating be expressed as a single number, or a range of numbers?

_**Rating System**_**.  Should a hearing protector’s rating be expressed as a single number, or a range of numbers?**
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_**Independent Testing**_**.  What criteria should EPA establish for laboratories that will test hearing protection devices? **

## ISEA has urged its member manufacturers to make their positions on these issues known to the EPA, so that the agency will give them full consideration.

**ISEA has urged its member manufacturers to make their positions on these issues known to the EPA, so that the agency will give them full consideration.**
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**	****Finally, ISEA commends the EPA for moving forward with this proposed rulemaking.  We offer the full resources of the association to assist in the process, with the goal of providing users with information that will enable them to select hearing protection that meets their needs.**