To give commenters more time to provide input, on February 28, 2025, the EPA announced it’s extending the public comment period on the proposed risk management rule for C.I. Pigment Violet 29 (PV29) under the Toxic Substances Control Act (TSCA).

 

PV29 is currently manufactured, processed, distributed, used, and disposed of as part of industrial, commercial, and consumer conditions of use, according to the EPA. Applications for this chemical include use as an intermediate to create or adjust color of other perylene pigments, incorporation into paints and coatings in the automobile industry, incorporation into plastic and rubber products in automobiles and industrial carpeting, use in merchant ink for commercial printing, and use in consumer watercolors and acrylic artist paint.

In January 2025, the EPA issued a proposed rule to protect workers from inhalation exposure to PV29.

The Agency’s 2021 risk evaluation for PV29 concluded that it presents an unreasonable risk of injury and to health under its conditions of use. Based on the risk evaluation, PV29 can cause lung toxicity effects that can make it harder for lungs to provide oxygen to the body. The proposed rule would require worker protection where dry powder PV29 is present and presents a potential inhalation risk. The EPA’s risk evaluation concluded that PV29 that’s already incorporated into paints, coatings, or other materials no longer has the physical properties that make dry powder PV29 damaging to lungs.

To address these risks, the EPA is proposing to establish minimum respiratory protection requirements for workers who may be exposed to dry powder PV29 and for cleaning of equipment and work areas where the chemical has been used. The rule would require worker protection when working with dry powder PV29 in the following uses:

• Incorporation into formulation, mixture, or reaction products in paints and coatings;
• Incorporation into formulation, mixture, or reaction products in plastic and rubber products;
• Intermediate in the creation or adjustment of color of other perylene pigments;
• Industrial and commercial use in automobile paints and coatings (original equipment manufacturer and refinishing);
• Industrial and commercial use in coatings and base coats for paints and coating;
• Industrial and commercial use in merchant ink for commercial printing; and
• Domestic manufacturing, import, recycling, and disposal.

In the proposed rule, the EPA seeks substantial information from the public and stakeholders before implementing a final rule. Information sought includes:

• Comments on the proposed regulatory action and alternative regulatory action, including whether the EPA should have more prescriptive requirements for the cleaning plan.
• Comments on whether to require owners or operators to provide additional workplace training related to PV29 where regulated PV29 is present.
• Comments on the EPA's proposal not to grant a TSCA Section 6(g) exemption.
• Comments regarding the number of small businesses subject to the rule and the potential impacts of the rule on these small businesses.
• Comments on the proposed rule's rationale, including the definition of regulated PV29.
• Comments on whether the EPA should promulgate definitions for those conditions of use evaluated in the 2021 risk evaluation for PV29.
• Comments on whether 6 months is a reasonable time frame to implement respiratory protection requirements or if a different time frame is needed.
• The Agency will consider compliance time frames that may be substantially longer or shorter than the proposed time frames for owners or operators for procedural adjustments needed to comply with the requirements and is requesting comment on the feasibility of the proposed compliance time frames, as well as longer or shorter time frames.
• Reasonable compliance time frames for small businesses, with an emphasis on comments about how to provide longer compliance time frames for transitioning to uses requiring reformulation.
• State-of-the-art equipment, engineering, and administrative controls and monitoring for inhalation exposures, including the amount of time needed to develop an inhalation exposure monitoring method or how to use existing monitoring methods for other chemicals.
• Comments on its analyses of the number of affected firms, facilities, and occupational users and non-users.
• Comments on the costs firms would incur as a result of the proposed rule, as well as information the Agency could use to improve these estimates.

The comment period has been extended until April 29, 2025. Comments can be submitted to docket #EPA-HQ-OPPT-2021-0277.