EPA Proposes Significant New Use Rules For Pigments Used in Polymers, Coatings


Source: BNA
Related Topics: Toxic Substances Control Act (TSCA) US Environmental Protection Agency

By Avery Fellow

The Environmental Protection Agency is proposing significant new use rules for two pigments used in polymers and industrial coatings.

The chemicals are rutile, tin zinc, calcium-doped (CAS No. 389623-01-2); and rutile, tin zinc, sodium-doped (CAS No. 389623-07-8).

The proposed rule, to be published in the Federal Register Dec. 28, would designate failure to use certain protective measures as significant new uses under the Toxic Substances Control Act (TSCA).

The failure to employ certain protective measures such as personal respiratory equipment use, includes establishing hazard communication programs, or not manufacturing the chemicals below a certain particle size. The protective measures are required under TSCA Section 5(e) consent orders for the chemicals, which took effect February 2009.

Manufacturers, importers, and processors of the chemicals intending not to use the protective measures must provide EPA at least a 90-day notice, according to the proposed rule. The notice period would give EPA an opportunity to review and evaluate the intended uses of the chemicals.

Will Affect Manufacturers, Refineries

The rule is expected to affect chemical manufacturers and petroleum refineries that use the substances.

EPA first proposed significant new use rules for the two pigments in October, but withdrew the rules in early December after receiving adverse comments. EPA said it would propose the rules again (233 DER A-8, 12/5/11).

Rutile zinc compounds are used to replace cadmium in pigments, according to the Massachusetts Toxics Use Reduction Institute. Cadmium is classified as a known human carcinogen by the National Toxicology Program and the International Agency for Research on Cancer

Comments on the proposal may be submitted at under Docket ID No. EPA-HQ-OPPT-2010-1075 until Jan. 27.

The proposed rule for significant new use rules for the two pigments is available at

For more information on the proposed rule, contact Kenneth Moss of EPA's Office of Pollution Prevention and Toxics at (202) 564-9232 or

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