FR 2024-30931

Overview

Title

C.I. Pigment Violet 29 (PV29); Regulation Under the Toxic Substances Control Act (TSCA)

Agencies

ELI5 AI

The EPA wants to make sure people who work with a special purple color powder called PV29 wear the right safety gear so it's not bad for their health. They also want everyone involved with this powder to keep good records and follow clear rules about how to handle it safely.

Summary AI

The Environmental Protection Agency (EPA) has proposed a new rule under the Toxic Substances Control Act (TSCA) to address health risks associated with the chemical C.I. Pigment Violet 29 (PV29). This rule focuses on minimizing inhalation risks by requiring the use of protective gear and regular cleaning in workplaces that handle PV29 in its dry powder form. The EPA has also proposed to implement recordkeeping and labeling requirements to ensure compliance and communication throughout the supply chain. Public comments are being requested to help refine the proposal and ensure its effectiveness in protecting workers' health.

Abstract

The Environmental Protection Agency (EPA or Agency) is proposing to address the unreasonable risk of injury to human health presented by C.I. Pigment Violet 29 (CASRN 81-33-4, also known as PV29), under its conditions of use as documented in EPA's January 2021 Risk Evaluation for PV29 and the September 2022 Revised Risk Determination for PV29 prepared under TSCA. TSCA requires that EPA address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. To address the identified unreasonable risk, EPA is proposing requirements to protect workers from the unreasonable risk of PV29 during manufacturing and processing, certain industrial and commercial uses of the chemical, and disposal, while also allowing for a reasonable transition period prior to enforcement of said requirements.

Citation: 90 FR 3107
Document #: 2024-30931
Date:
Volume: 90
Pages: 3107-3131

AnalysisAI

The Environmental Protection Agency (EPA) has put forth a proposed rule to mitigate health risks associated with a chemical known as C.I. Pigment Violet 29 (PV29) under the Toxic Substances Control Act (TSCA). This proposed regulation is aimed at minimizing the inhalation risks posed to workers handling PV29 in its dry powder form. The rule stipulates the use of protective equipment, such as respirators, and mandates regular cleaning in environments where PV29 is manufactured or used. Additionally, the EPA seeks to enforce recordkeeping practices and ensure that safety information is correctly labeled on PV29 products throughout their distribution network.


Summary of the Document

The document is a proposed set of regulations published by the EPA to address the health hazards associated with PV29. It outlines specific requirements for workplaces involved in the manufacturing, processing, and handling of PV29. These requirements include mandatory protective gear to prevent inhalation, cleaning protocols, and comprehensive recordkeeping. It also details expectations for labeling and notification to ensure that businesses that handle PV29 understand the risks and necessary precautions.

Significant Issues and Concerns

One major concern with the document is the technical complexity of its language, which might be difficult for non-experts to understand. Terms such as "regulated PV29" might confuse stakeholders, particularly regarding when different rules apply depending on how PV29 is incorporated into products.

The economic impact analysis shows costs ranging from $1.6 million to $1.7 million annually, yet the document lacks a thorough discussion of the variables and uncertainties affecting these estimates. This shortfall might affect interpretations of the rule's economic implications, especially for small businesses, which could face disproportionate financial burdens.

The proposed six-month compliance period for adopting new safety measures may present challenges for some businesses, especially smaller entities that may require more substantial adjustments to meet these requirements. The rationale behind this specific timeframe is not clearly justified within the document, leading to potential concerns over its feasibility.

Impact on the General Public

For the general public, the most direct impact of this rule would be an enhanced level of safety for workers who might be exposed to PV29. The rule's focus on safety measures and compliance is intended to prevent health issues associated with the inhalation of chemical substances in the workplace. This serves the broader public interest by promoting worker safety and health standards.

Impact on Specific Stakeholders

Positive Impacts:

For workers directly handling PV29, the proposed rule aims to provide a safer work environment through the mandated use of protective gear and cleaning protocols. These measures are likely to reduce health risks and associated medical costs for employees exposed to PV29.

Negative Impacts:

Small businesses may bear the brunt of compliance costs and the administrative burden of meeting the new recordkeeping and reporting requirements. Businesses dealing with PV29 products will need to navigate complex regulatory requirements quickly, requiring potential financial investment in understanding and implementing new protocols.

Larger corporations might also face pressure to revise current safety practices, potentially scaling up operations in compliance with the new rule. This could particularly impact industries like automotive and printing where PV29 is most commonly used.


In conclusion, while the intent of the EPA's proposed rule is to enhance worker safety, the complexity and potential economic impact merit careful consideration and feedback from affected stakeholders to ensure equitable and effective implementation.

Financial Assessment

The document outlines proposed regulatory actions by the Environmental Protection Agency (EPA) concerning C.I. Pigment Violet 29 (PV29) under the Toxic Substances Control Act (TSCA). Central to this rulemaking proposal are the financial considerations related to its implementation and impact.

Summary of Costs and Benefits

The EPA estimates that the costs of this proposed rule range from $1.6 million to $1.7 million per year, annualized over 15 years at a 2% discount rate. These costs encompass adjustments such as rule familiarization, labelling, downstream notification, personal protective equipment (PPE), and the cleaning of equipment and areas. In contrast, the monetized benefits of the proposed action, mostly derived from reducing chronic bronchitis cases, are estimated at $271,000 to $629,000 per year over the same period and discount rate. This indicates that while the rule aims to mitigate health risks, its costs somewhat overshadow its direct financial benefits.

Economic Impact on the National Economy

The document emphasizes that the proposed rule is unlikely to have a measurable impact on the national economy, stating that a regulation's economic impact generally must reach between $69 billion to $139 billion (adjusted for GDP) to significantly influence the economy. Considering the proposed rule's cost estimates are far below this threshold, the overall economic disruption is considered minimal.

Alternative Regulatory Action

In evaluating alternative regulatory actions, the EPA considered a less costly option estimated at $0.9 million annually at the same discount rate. Although this alternative involves fewer costs, the benefits it could generate are also lower, ranging from $168,000 to $375,000 annually. This presents a cost-benefit scenario where the alternative option, though cheaper, offers proportionally reduced health benefits, suggesting a trade-off between cost-saving and the extent of health risk mitigation.

Small Business Considerations

The economic analysis points out that small businesses are likely to be more impacted by compliance costs, even though these are not expected to be significant enough to influence the broader economy. The document estimates that about 50,000 small businesses could be involved primarily to determine non-subjectivity to requirements, absorbing minimal costs. This suggests a potential financial strain, albeit limited, particularly for smaller entities which might need more time or resources to comply with the proposed regulations.

Discussion on Economic Consequences

By focusing on the discrepancies between estimated costs and benefits, the document raises concerns about the economic feasibility and efficiency of the proposed rule. The financial burden on businesses, particularly small enterprises, and the short timeline for compliance could prove challenging. Such financial allocation considerations could influence the rule's final structure, seeking optimal balance between economic viability and health benefits. Moreover, the clarity around these estimates and their uncertainties could be further enhanced to better assist stakeholders in understanding and preparing for potential financial impacts.

Overall, the financial aspects of this proposed regulation are comprehensively examined, with a strong emphasis on cost estimation, benefit analysis, and their implications for both small business entities and the wider economic spectrum.

Issues

  • • The document contains overly technical language and specialized terms that might be challenging for general audiences to understand, such as specific chemical nomenclature and references to regulatory standards.

  • • The proposed rule includes discussion of complex regulatory frameworks and procedures, which could be simplified for better comprehension by industry stakeholders and the public.

  • • There is ambiguity around the term 'regulated PV29' specifically related to how it is differentiated from PV29 when incorporated into products, making it difficult to understand when specific rules apply.

  • • The economic analysis of the rule states that the monetized costs are estimated to range from $1.6 million to $1.7 million, but the potential variability and uncertainties in these estimates are not discussed, which could impact the assessment of the rule's economic effects.

  • • The document implies that the proposed action will impose compliance costs on multiple businesses, yet it does not thoroughly explore the financial burden on small businesses or propose measures to mitigate potential disproportionate effects.

  • • It is not clear how EPA will ensure compliance with record-keeping and downstream notification requirements, which could result in inefficiencies or ineffectiveness in rule enforcement.

  • • The timelines proposed for compliance with the new regulations, such as the six-month period for respiratory protection requirements, might be too short or challenging for some stakeholders, and the rationale for these specific timeframes is not fully explained.

  • • The rule requires potentially affected users to interpret complex regulatory language concerning exemptions and alternative compliance strategies, which may lead to confusion or misinterpretation.

Statistics

Size

Pages: 25
Words: 30,145
Sentences: 884
Entities: 1,936

Language

Nouns: 9,977
Verbs: 2,790
Adjectives: 2,121
Adverbs: 526
Numbers: 1,095

Complexity

Average Token Length:
4.94
Average Sentence Length:
34.10
Token Entropy:
6.07
Readability (ARI):
22.78

Reading Time

about 119 minutes