Apr 272023

U.S. EPA Proposes Rule Banning Methylene Chloride in All Consumer Uses

Samuel B. Boxerman, Marshall R. Morales and Jagdeep Singh
, , ,

On April 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed a rule seriously restricting the manufacture, processing, and distribution in commerce of methylene chloride. EPA is exercising its authority under Section 6(a) of the Toxic Substances Control Act (TSCA), which allows the agency to impose such prohibitions on chemical substances that it determines, following a risk evaluation, to present an unreasonable risk of injury to health or the environment. Methylene chloride is most commonly used as a solvent in adhesives and sealants, automotive products, and paint and coating removers, and this rule could affect, among others, the automotive, pharmaceutical, and chemical manufacturing sectors.

EPA’s proposal would prohibit consumer uses and also restrict most industrial and commercial uses of methylene chloride. The proposal includes exceptions, most notably for the civil aviation sector’s use for paint and coating removal for 10 years to avoid significant disruption of national security and critical infrastructure. EPA would also extend this exemption to emergency use of methylene chloride at the National Aeronautics and Space Administration (NASA) for specific critical or essential conditions where no technically or economically feasible safer alternatives are available.

The agency’s proposal would also allow methylene chloride’s use for production of hydrofluorocarbon-32 (HFC-32), a substance likely to be used to facilitate the transition from other hydrofluorocarbons with allegedly higher global warming potentials, which would support EPA’s work to reduce hydrofluorocarbons under the American Innovation and Manufacturing Act of 2020. However, the agency would require the civil aviation sector, NASA, and manufacturers of HFC-32 to follow a workplace chemical protection program for their use of methylene chloride, which would include a requirement relating to inhalation exposure concentration limits and exposure monitoring.

Once the proposed rule is published in the Federal Register, EPA will accept public comments on it for 60 days at regulations.gov/docket/EPA-HQ-OPPT-2020-0465.

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

Marshall R. Morales

Jagdeep Singh

You might also like
Fifth Circuit Limits EPA’s Attempts to Regulate PFAS Under Toxic Substances Control Act in Inhance Technologies v. EPA

On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated two U.S. Environmental Protection Agency (EPA) orders under Section 5 of the Toxic Substances Control Act (TSCA), holding that EPA had exceeded its statutory authority when it issued the orders in an attempt to regulate the manufacture of per- and polyfluorinated substances (PFAS) by petitioner Inhance Technologies, LLC (Inhance). The Fifth Circuit’s decision comes after EPA’s Office of Enforcement and Compliance Assurance announced its National Enforcement and Compliance Initiatives for Fiscal Years 2024 – 2027, which involve increased emphasis on addressing PFAS exposure and contamination through enforcement actions and potential additional regulations.

U.S. Environmental Protection Agency Releases Draft Risk Evaluation Under the Toxic Substances Control Act for Formaldehyde

On March 15, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published its draft risk evaluation under the Toxic Substances Control Act (TSCA) for formaldehyde. This proposal is one of a series of risk evaluations EPA is conducting as required by the 2016 amendments to TSCA.

U.S. EPA Bans Hydrofluorocarbons in Refrigeration, Air Conditioning, and Heating Products

On October 5, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule restricting the use of hydrofluorocarbons (HFCs) in new aerosol, foam, and refrigeration, air conditioning, and heat pump (RACHP) products and equipment. The rulemaking is part of the phasedown of HFCs under the American Innovation and Manufacturing Act of 2020. The final rule also establishes a process to submit technology transition petitions to restrict the use of HFCs in industry sectors in which they are used.