C.I. Pigment Violet 29 (PV29); Regulation Under the Toxic Substances Control Act (TSCA)
Published Date: 1/14/2025
Proposed Rule
Summary
The EPA is proposing new rules to keep workers safe from a chemical called Pigment Violet 29 (PV29) used in making and handling products. These rules aim to stop health risks during manufacturing, use, and disposal, with a fair transition time before they kick in. Businesses involved with PV29 should get ready to follow these changes and can share their thoughts by February 28, 2025.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Mandatory APF 50 Respirators and Cleaning
If dry powder PV29 is present, the EPA is proposing that workers must use assigned protection factor (APF) 50 respirators and require area cleaning where dry powder PV29 is expected to be present. These requirements apply to activities including domestic manufacture, import, incorporation into paints and plastics, recycling, certain industrial and commercial uses (automotive paints and coatings, merchant printing ink), intermediate pigment work, and disposal.
Dry Powder Only — Encapsulated Uses Not Covered
EPA clarifies that the identified unreasonable risk is due to inhalation of dry powder PV29 and not PV29 already incorporated into liquid mixtures (for example, wet paint or ink) or encapsulated in plastics where particles are not bioavailable. EPA also identifies four conditions of use that do not contribute to the unreasonable risk, including distribution in commerce, certain plastic/rubber uses (automobile plastics and industrial carpeting), and consumer use in professional watercolor and acrylic artist paint.
Downstream Notification and Recordkeeping
The proposal would require manufacturers (including importers), processors, and distributors of regulated (dry powder) PV29 to provide downstream notification of the rule's requirements and to keep specified records. EPA says these duties include labeling/downstream notices and record retention tied to regulated PV29 activities.
Estimated Costs, Benefits, and Firms Affected
EPA estimates annualized incremental costs of the proposed rule at about $1.6 million to $1.7 million per year (15-year, 2% discount). EPA estimates 22 firms (22 sites) may manufacture/import/process/use regulated dry powder PV29, that about five small entities would be subject to requirements, and that monetized benefits are about $271,000 to $629,000 per year (15-year, 2% discount).
Transition Period Before Enforcement
EPA states the proposed rule would allow a reasonable transition period prior to enforcement so regulated entities have time to comply with requirements such as respirator programs, area cleaning, labeling/notification, and recordkeeping. EPA also notes it may modify implementation timelines based on public comments.
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