The Consult

If you have already purged methylene chloride from your operations, well done!

If you still use methylene chloride, continue reading to see if you must discontinue its use or implement monitoring and workplace protections due to a recent rule prohibiting most uses of methylene chloride.

What is methylene chloride?

Methylene chloride, also known as dichloromethane, is a volatile, colorless solvent. Historically, methylene chloride has been used in many industrial applications including paint stripping, pharmaceutical manufacturing, adhesives and sealants, automotive products, metal cleaning and degreasing. Health effects include both cancerous and non-cancer health risks from chronic and acute inhalation and dermal exposures.

Why is EPA regulating methylene chloride?

The regulating of methylene chloride is nothing new. Methylene chloride is considered a Hazardous Air Pollutant under the Clean Air Act because of its probable human carcinogen designation. In 2019, EPA banned the sale of methylene chloride for consumer paint and paint removers. With this most recent regulation under the Toxic Substance Control Act (TSCA), the EPA is aiming to further protect human health from the “unreasonable risks” associated methylene chloride stemming from a 2020 risk evaluation.

What is in this Final Rule?

To address the unreasonable risk of methylene chloride, the EPA’s regulation:

• Prohibits the manufacture (including import), processing, and distribution in commerce of methylene chloride for all consumer use and most industrial and commercial uses;
• Requires a Workplace Chemical Protection Program (WCPP) for the authorized conditions of use of methylene chloride;
• Identifies a de minimis threshold of 0.1% for products containing methylene chloride for the prohibitions and restrictions on methylene chloride;
• Requires recordkeeping and downstream notification requirements for manufacturing (including import), processing, and distribution in commerce of methylene chloride; and
• Provides a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of the National Aeronautics and Space Administration’s (NASA) mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available.

What Uses of methylene chloride are authorized?

It is easier to discuss conditions of use still authorized, than to list all the applications no longer authorized. Conditions of use include:

• Industrial and commercial use as a paint and coating remover from safety critical, corrosion sensitive components of aircraft and spacecraft;
• Industrial and commercial use as a solvent that becomes part of a formulation or mixture
• Industrial and commercial use as a processing aid
• Industrial and commercial use as a laboratory chemical
• Industrial and commercial use for plastic and rubber products manufacturing
• Industrial or commercial use as a bonding agent for solvent welding
• Domestic manufacturing, import, processing and disposal, unless the downstream use is prohibited.

However, to continue to manufacture, process or use methylene chloride in these applications, the employer must prepare and implement a Workplace Chemical Protection Program (WCPP). The WCPP reads similar to an OSHA exposure control program and requires initial and periodic exposure monitoring, establishment of a regulated area, development and communication of a written exposure control plan, selection of respiratory protection, recordkeeping and notifications.

What is the timeline for compliance?

For those that continue to use methylene chloride in one of the authorized conditions, the following compliance timelines should be added to your compliance calendar relative to your WCPP:

• May 5, 2025 – Initial Monitoring
• August 1, 2025 – Exposure Limits and Dermal Protections
• October 30, 2025 – Exposure Control Plan

Since these worker protections so closely mimic what we see with OSHA, leverage the same resources you use for industrial hygiene and exposure control within your facility.

As for other timelines associated with this rule, prohibitions on distribution to retailers and the selling from retailers take effect on February 3, 2025, and May 5, 2025, respectively. Accept for the conditions of use that may continue under WCPP, manufacturing restrictions take effect May 5, 2025, and processing restrictions take effect August 1, 2025. Additional prohibitions phase in in 2026 and 2029 relative to distribution and specific uses.

For additional information, reach out to HRP or check on the EPA Compliance Guide here.