How the U.S. EPA’s New Methylene Chloride Regulations May Affect You.

Methylene chloride (MC), a chemical commonly used as a solvent for surface refinishing and in the production of pharmaceuticals and refrigerants, is set to be banned by the U.S. Environmental Protection Agency (U.S. EPA) for most uses. Products containing MC are set to be unavailable for all consumer uses and most industrial/commercial uses at some point in the year 2024.

What is Happening?

In 2016 congress amended the Toxic Substances Control Act (TSCA) which gave U.S. EPA the authority to assess and address risks associated with chemicals that are considered dangerous. Under TSCA, U.S. EPA identified 10 chemicals of interest that have been subject to U.S EPA’s new evaluations. The second chemical to be evaluated and have new regulations proposed was MC. After this evaluation U.S. EPA determined that MC posed an “unreasonable risk” to the consumer and began writing a regulation to prohibit consumer use in every circumstance and prohibit manufacturing of MC in almost all scenarios. The regulatory development to control MC first began in 2019, when U.S. EPA utilized TSCA to prohibit the manufacturing of paint and coating removers containing MC based on data showing it had caused an unreasonable number of fatalities from improper use. Following this development, U.S. EPA continued their investigation and in May 2023 determined that the “unreasonable risk” it posed warranted a complete consumer ban and severe restrictions to manufacturing and industrial/commercial use. The commenting period has ended, and U.S. EPA is looking to finalize the regulation and have the first prohibitions in place sometime in 2024. U.S. EPA has proposed that a cease of production for consumer and commercial uses be implemented within 90 days of issuance of the final rule and retail sales stopped within twelve months.

What industries are affected by this proposed regulation?

Although the regulation prohibits most industrial and commercial use of MC, there are certain industries and uses that will continue with application of U.S. EPA’s Workplace Chemical Protection Program (WCPP). Manufacturing that incorporates MC into a mixture or uses it as a processing aid or is engaged in coating or cleaning corrosion-sensitive components of aircraft or spacecraft owned by the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), the Department of Homeland Security (DHS), or the Federal Aviation Administration (FAA) must implement a WCPP. U.S. EPA is allowing specific exemptions under TSCA Section 6(g) to not significantly disrupt national economy, security, or critical infrastructure. In these cases, MC can still be produced or used after receiving approval from U.S. EPA and ensuring they implement a WCPP. However, industry advocates who have read the WCPP requirements believe that it has gone too far and is too stringent in the handling of MC.

How has industry opposed this regulation?  

Opponents of this regulation believe it is overreaching and is too restrictive in the limited allowed uses and the significant tightening of worker exposure levels. U.S. EPA has expressed that although there may be an economic impact to both industries and consumers, the main priority of this regulation is the protection of the health and safety of workers and consumers. Some argue that the WCPP set by U.S. EPA are excessive, citing the permissible exposure limits proposed in the regulation are ten times lower than the limits currently in place by the Occupational Safety and Health Administration (OSHA). U.S. EPA has cited that these regulations fall in line with more up to date safety and exposure guidelines that reflect the dangerous nature of MC. In addition to lowering the exposure limit for workers the rule also includes stringent monitoring, recordkeeping, and dermal requirements.

What are your next steps?

Despite the outcry, U.S. EPA’s TSCA regulation of methylene chloride will be enforced in the near future. Understanding if you or your company will be affected by U.S. EPA’s ban is the first step towards meeting compliance. If you are exempt from this ruling ALL4 can assist you with implementing your workplace chemical protection program, and from there assist you in implementing the proper steps to fully meet regulatory compliance. If you are interested in learning more about how you can comply, please feel free to contact Peter Chetkowski at pchetkowski@all4inc.com or at 502-493-6448.