US EPA Expands Methylene Chloride Restrictions to Most Uses

SG 77/24

The US EPA has finalized a TSCA rule banning most methylene chloride uses and imposing stringent workplace requirements for a few ongoing applications.

In 2019, the US Environmental Protection Agency (EPA) prohibited methylene chloride (dichloromethane, DCM) in paint and coating removal products for consumer use under TSCA section 6(a). The restriction added subpart B to 40 CFR 751 'Regulation of certain chemical substances and mixtures under section 6 of the Toxic Substances Control Act'.

On May 3, 2023, the US EPA issued a proposed rule in the Federal Register to regulate the use of methylene chloride in a much more extensive manner (SafeGuardS 56/23). This rule was finalized by the EPA on April 30, 2024.

The final rule prohibits all but 13 of more than 50 conditions of use (COUs) for the solvent, including all consumer applications (89 FR 39254). It:

• Prohibits distribution of methylene chloride and methylene chloride-containing products to retailers for any use after February 3, 2025
• Prohibits retailers from distributing methylene chloride and methylene chloride-containing products for any use after May 5, 2025
• Prohibits* manufacturing (including import) of methylene chloride after May 5, 2025
• Prohibits* processing of methylene chloride and methylene chloride-containing products after August 1, 2025
• Prohibits* distribution of methylene chloride and methylene chloride-containing products after January 28, 2026
• Prohibits industrial or commercial use of methylene chloride and methylene chloride containing products after April 28, 2026

*Provides a ten-year limited exemption for the National Aeronautics and Space Administration (NASA) and its contractors and a five-year limited exemption for the industrial or commercial use for paint and coating removal products when refinishing wooden furniture, decorative pieces and architectural fixtures of artistic, cultural or historical value as well as for the industrial or commercial use for adhesives and sealants in aircraft, space vehicles and turbine applications for structural and safety critical non-structural applications.

The prohibitions do not apply to products containing methylene chloride at concentrations below 0.1% (w/w).

The rule also creates strict workplace protections through a Workplace Chemical Protection Program to ensure that for the remaining uses, workers will not be harmed using methylene chloride. Furthermore, the rule requires manufacturers (including importers), processors and distributors to notify companies to whom methylene chloride is shipped of the prohibitions and to maintain records.

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