Washington State Again Moves to Ban Most Printing Inks

In a shift from its previous position, the Washington Department of Ecology (DoE) released a draft Safer Products Report recommending regulation to reduce the amount of inadvertent polychlorinated biphenyls (iPCBs) found in pigments used in printing inks. In 2022, PRINTING United Alliance mounted an opposition campaign to stop the regulation of inks that contain trace amounts of iPCBs. When DoE concluded it could not impose stricter limits than the Environmental Protection Agency’s (EPA) current limits, legislation was introduced in 2023 to ban chlorinated pigment in inks. This effort was also halted by an opposition campaign led by PRINTING United Alliance and its members.

However, legislation was passed that required the DoE to petition EPA to revise the existing iPCB limits under the Toxic Substances Control Act (TSCA) regulations. DoE prepared and submitted a petition in January 2024 to EPA requesting reconsideration and tightening of the current allowable iPCB limits in products. EPA denied the state’s petition in April 2024 because the DoE did not demonstrate that inks are a significant contributor of iPCBs and that the current EPA limit is not protective of human health or the environment. DoE’s petition was simply a review of their current opinion and was not supported by any direct evidence that inks with iPCBs pose a threat to human health or the environment.

DoE’s inclusion of inks in its second Safer Products draft report, Draft Identification of Priority Products Report to the Legislature: Safer Products for Washington Cycle 2 Implementation Phase 2, released at the end of November 2024 for chemicals it wants to regulate for 2025 was completely unexpected. The report contains a statement by DoE that it believes it is not preempted by TSCA from regulating iPCBs in inks, but the report provides no legal justification. DoE’s general position is that it believes that there are substitute pigments without chlorine that can be used to formulate inks so using inks with iPCBs is intentional and not inadvertent. Before the comment period for the draft report closed on December 31, 2024, the Alliance submitted extensive comments in opposition to the inclusion of inks in the report.

The Alliance stated in its comments that “Ecology has not fulfilled its obligations under the Safer Products Program by concluding that iPCBS in inks are a priority chemical that requires regulation.” The Alliance does not believe that DoE has presented sufficient information to justify regulating iPCB levels in inks or identify safer alternatives. DoE has not demonstrated that inks are a significant contributor of iPCBs that requires regulation.

Through their limited and incomplete testing program, DoE misrepresented inks used by the printing, publishing, and packaging industry. Before moving forward with a regulation that could tremendously impact the Washington State printing industry sector, DoE needs to clearly and accurately demonstrate that inks, all inks used by the printing industry, pose a threat to human health and the environment. Lastly, DoE is prohibited by TSCA from regulating iPCBs in inks. TSCA is very explicit in defining the actions and limitations that regulatory authorities can take regarding iPCBs.

One of the factors that is driving the focus on inks is the current PCB water quality standard of 7 parts per quadrillion and this concentration. This limit gets imposed as a wastewater discharge limit and it is not possible to meet or measure using any formally recognized EPA test methods. Because the limit is so low and there is no known way of meeting it, a group of Washington businesses sued EPA in December 2023 challenging the limit. The decision has not yet been issued by the court.

Nearly 150 pigments contain chlorine, and some can contain iPCBs. These pigments are critical to the printing industry, and viable substitutes may not exist for many applications. Chlorinated pigments are essential due to their chemical structure which ensure the necessary color and durability characteristics. They made possible the replacement of pigments based on lead, cadmium, mercury and chromium (VI). It is practically impossible to achieve the color shades required by the market without chlorinated pigments. While the DoE contends that all chlorinated pigments contain iPCBs, no evidence has been provided by either the legislature or the DoE that the manufacturing of all pigments that contain chlorine creates iPCBs.

If DoE regulates printing inks, the impact on the printing industry both within the state of Washington and possibly beyond could be devastating. Any printing performed in the state and any printed product shipped into the state will be affected due to the bans on inks and products that contain iPCBs. The printing industry employs more than 13,000 people in Washington and pays them wages exceeding $700 million. Printing companies ship nearly $3 billion goods each year. A regulation banning chlorinated pigments puts these jobs and economic activity in jeopardy.

The Alliance will continue to work to ensure that the DoE’s pursuit of regulating ink does not unduly impact the printing industry. The Alliance remains committed to monitoring the regulatory and legislative landscape to ensure that policies impacting the printing industry are grounded in science and practicality. For a full copy of comments submitted by PRINTING United Alliance, please reach out to Sara Osorio at sosorio@printing.org.

In this article, Gary Jones, VP EHS Affairs, PRINTING United Alliance addresses environmental regulatory issues in Washington State. More information about the issues can be found at Business Excellence-EHS Affairs or reach out to Gary should you have additional questions specific to how these issues may affect your business: gjones@printing.org.    

To become a member of PRINTING United Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.