Hammond, Rocky 

From: Moore, Autumn 

Sent: Thursday, March 31, 2011 10:43 AM 

To: Hammond, Rocky 

Subject: FW: Response to Commissioner Nord's question 

Attachments: XOS HDXRF Paint Screen Shot.pdf; XOS reply to Commissioner Nord Questions - 100ppm 

limit hearing (2).ppt 

Here's the response to the question to XOS. 


From: Dodd, Quin [mailto:QDodd@mintz.com] 


Sent: Wednesday, March 02, 2011 5:22 PM 


To: Moore, Autumn 


Cc: '5atbir Nayar' 


Subject: Response to Commissioner Nord's question ... (I'd be happy to discuss before making it "final" jf Nancy would 


like more explanation/detail/data). Thanks! 


Question from Commissioner Nord relating to February 16 CPSC hearing on pending 100 ppm lead substrate limit for 


children's products: 


Question: 

Can HOXRF be used to test/or lead in both paint and substrate materials? Are the results equally reliable? 

Answer: 

Yes and yes. 

XOS HDXRF instruments precisely quantify lead in both paint and substrates and the results are, generally speaking, 

equivalent with regard to precision and reliability. (This varies somewhat depending on the substrate involved, but the 

precision and repeatability of measuring both paint and substrates, regardless of the substrate involved, makes HDXRF, 

via the F-2853 method, suitable to support testing and certification to both the current and pending CPSC standards for 

lead in the paint and substrates of children's products). 

For a painted product, HDXRF measures both the paint as well as the substrate underneath the paint during the same 

analysis, and the instrument then reports a concentration of lead for each separately. (A "screen shot" showing an 

exemplar XOS HDXRF instrument reading is attached). For an unpainted substrate, HDXRF of course reports a single 

measurement for the substrate only. 

It should also be noted that ICP--the only CPSC recognized method to date--requires that the paint be destructively 

scrapped off of samples (sometimes several dozen or even hundreds for one measurement), and then the paint and the 

substrate (if also tested) are dissolved in acid and tested separately. Unlike HDXRF, each of these steps in the ICP 

process can introduce variability that can affect testing outcomes. HDXRF, by contrast, is a non-destructive, uniform, 

easily operated and minimally human-interactive testing technology. 

The precision of HDXRF for quantifying lead in paint on plastic and metal substrates is equivalent to the precision for 

quantifying lead in (uncoated) metal, which is below current and anticipated future regulatory limits. The precision of 

HDXRF for quantifying lead in (uncoated) plastic substrate is slightly better than that for paints (coatings) and metals. 

(When one factors in the inherent variability from sample preparation using ICP then, precision of HDXRF is similar to 

that of ICP at the regulatory levels). 
Please find attached two Power Point slides that further illustrate the precision and reliability of HDXRF for both paints 

and substrate materials. 

Thank you for the question. We would be happy to answer any further questions you may have or to provide more 

detailed data if desired that demonstrate the precision and reliability of HDXRF for both paints and substrates. 

Quin Dodd 1 Member 

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 

701 Pennsylvania Ave., NW, Suite 900 1 Washington, DC 20004 

Direct: (202) 434-74351 Fax: (202) 434-7400 

E-mail: QDodd@mintz.com 

Web: www.mintz.com 

MI Tz LEVIN 

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HDXRF - Pb in Paint & Substrate Q!uantification 


HDXRF measures both the paint as well as the substrate underneath the paint, and reports 

the concentration of Lead for each separately. 

Wet chemistry 

requires that the 

paint be scrapped 

off the sample, and 

then the paint and 

the substrate 

dissolved in acid 

and tested 

separately. 

5ample 

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~ub,tnt. • bette 

fa _ : PIi,. t'JIn pl':i!Oli 

.... O,Li,.iClIiaIl : I>ri..ult 

Sysun 

$(,.11.1 : ·U 

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:'" ppm of Lead in paint 

1.1 .......:: =-"---~::~/~_ppm of Lead ~substrate _ • 

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--- -- - -- - -- - -

ASTM F2853-10 Precision- H'DXRF 


• 

• 

Precision for quantifying Lead in Paint on plastic and metal substrates is 

equivalent to the precision for quantifying lead in (uncoated) metal. 

Precision for quantifying Lead in (uncoated) plastic is slightly better than for 

coatings and metals. 

Repeatability (r) at 100ppm 

Uncoated Uncoated Coated 

Plastic/ Metal and Metal Glass Plastic 

9ppm 33ppm 27ppm 

Reproducibility (R) at 100ppm 

Uncoated Uncoated Coated 

Plastic/ Metal and Metal Glass Plastic 

23ppm 46ppm 38ppm 

• When one factors in variability from sample preparation, precision of HDXRF is 

similar to that of wet chemistry at the regulatory levels. 

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