EPA Issues First TSCA Section 6 Final Rule in Thirty Years

Tuesday, April 02nd

The final rule will prohibit the manufacture (including import), processing, distribution of methylene chloride for consumer paint and coating removal. The rule will also require manufacturers, processors, and distributors of methylene chloride for any use to provide downstream notifications of the restriction, and will impose certain recordkeeping requirements  84 Fed. Reg. 11420 (Mar. 27, 2019).

The final rule will go into effect on May 28, 2019, as Subpart B of a new 40 C.F.R. Part 751. Companies that import and export methylene chloride, or mixtures containing methylene chloride, for any use should be aware of the effects of this action on imports and exports.

Per EPA data, methylene chloride was imported or domestically manufactured in amounts exceeding 250 million pounds in 2015. Less than 10% of that amount was for paint and coating removal. Other uses included adhesives, pharmaceuticals, metal cleaning, chemical processing, and chemical feedstock. (EPA is reviewing some of those uses in an ongoing risk evaluation for methylene chloride under section 6(b)(2)(A).) EPA determined that there have been at least 53 fatalities since 1976 resulting from acute consumer or commercial worker exposure to methylene chloride during paint or coating removal. 


To read the full article from National Law Review click here.