Alert

EPA Issues Final Methylene Chloride Rule Banning Most Uses

May 2, 2024

On April 30, 2024, the U.S. Environmental Protection Agency (EPA) issued the final methylene chloride rule under the Toxic Substances Control Act (TSCA), establishing prohibitions and workplace protections for methylene chloride to safeguard human health. Methylene chloride is a chemical widely used as a paint stripper and, according to EPA, may be found to cause liver cancer and other health problems.

Scope of Methylene Chloride Ban

EPA announced that the final methylene chloride rule would limit all consumer uses of methylene chloride, as well as most industrial and commercial uses. Exempted uses include those “highly industrialized and important to national security and the economy,” such as climate-friendly coolants and parts for electric vehicles, according to EPA.

Final Methylene Chloride Rule: Workplace Protections and Safety Standards

EPA’s final rule will do the following:

• Prohibit manufacturing, processing, and distribution of methylene chloride for all consumer uses.

• Prohibit most industrial and commercial uses of methylene chloride, including paint and coating removers. Consumer paint and coating removal was prohibited in 2019.

• Create strict workplace protections through a Workplace Chemical Protection Program to ensure that for the remaining uses, workers will not be harmed by methylene chloride use.

• Require manufacturers (including importers), processors, and distributors to notify companies to whom methylene chloride is shipped of the prohibitions and to maintain records.

The regulations come almost a year to the day after EPA proposed the ban, citing the known and potentially deadly health risks associated with methylene chloride, which is also used to make pharmaceuticals and refrigerants. It also follows the EPA’s move earlier this month to limit so-called “forever chemicals” in tap water. The rules require companies to rapidly phase down manufacturing, processing, and distribution of methylene chloride. Consumer use of the chemical will be phased out within a year, and most industrial and commercial uses will be prohibited within two years.

Potential Impact on Industry

The American Chemistry Council (Council), the industry’s top lobbying group, called methylene chloride “an essential compound” used to make many products and goods Americans rely on every day, including paint stripping, pharmaceutical manufacturing, and metal cleaning and degreasing.

The Council also said it was concerned that the EPA had not fully evaluated the rule’s impacts on the domestic supply chain and could end up prohibiting up to half of all end uses subject to regulation under the TSCA.

Additional Proposed Solvent Regulations

The final methylene chloride rule is the first of several solvent regulations the agency is working on because it’s decided they’re too risky. Other solvents EPA has proposed to control include carbon tetrachloride, perchloroethylene, and trichloroethylene. Proposed rules restricting two other solvents, n-methylpyrrolidone (NMP) and 1-bromopropane (1-BP), are under review at the Office of Management and Budget.