On March 4, 2025, the U.S. Environmental Protection Agency (EPA) announced that it is reopening the comment period for the January 2025 proposed rule to address the unreasonable risk of injury to human health presented by Color Index (C.I.) Pigment Violet 29 (PV29) under its conditions of use (COU) as documented in EPA’s January 2021 risk evaluation and September 2022 revised risk determination. 90 Fed. Reg. 11142. Comments are due April 29, 2025.
As reported in our January 27, 2025, memorandum, EPA proposes, under Section 6(a) of the Toxic Substances Control Act (TSCA), to:
- Require use of assigned protection factor (APF) 50 respirators and equipment and area cleaning to address the risk from inhalation exposure to dry powder PV29 (also referred to as regulated PV29), where dry powder PV29 is expected to be present, for the following COUs:
- Domestic manufacture;
- Import;
- 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;
- Recycling;
- Industrial and commercial use in automobile (original equipment manufacturer (OEM) and refinishing) paints and coatings;
- Industrial and commercial use in coatings and basecoats paints and coatings;
- Industrial and commercial use in merchant ink for commercial printing; and
- Disposal.
- Domestic manufacture;
- Require manufacturers (including importers), processors, and distributors in commerce of regulated PV29 to provide downstream notification of the requirements.
- Require recordkeeping.