The EPA has released a proposed regulation under the Toxic Substances Control Act (TSCA) banning most uses of dichloromethane (also known as dichloromethane or DCM). Dichloromethane is a chemical with a wide range of industrial and commercial uses. It is a solvent used in various industries. It is also used to make other chemicals, including some refrigerants. Industries affected include:
In accordance with its authority under Section 6(a) of the TSCA, the EPA has determined that dichloromethane poses an unreasonable risk to health or the environment. In response, the EPA issued a proposed rule on May 3, 2023: (1) banning the manufacture, processing, and distribution of methylene chloride for consumer use, and (2) banning most industrial uses of methylene chloride. The EPA’s proposed rule would allow the FAA, NASA and the Department of Defense, as well as some refrigerant manufacturers, to continue using methylene chloride. For these remaining applications, the proposed rule would establish strict controls in the workplace to limit exposure to workers.
The EPA estimates that this rule will affect more than half of the annual use of methylene chloride in the United States. It is proposed to stop the production, processing, distribution and use of dichloromethane within 15 months. As with the recent EPA phase-out of certain persistent, bioaccumulative and toxic chemicals (PBTs), the shorter phase-out period for methylene chloride may not be sufficient to meet the needs of some industries and therefore may create some problems with compliance. At the very least, the proposed rule could have broad implications for manufacturing and supply chain issues as companies evaluate methylene chloride use and look for suitable alternatives.
EPA will receive comments on the proposed rule by July 3, 2023. Affected industries should consider providing comments on their ability to comply, including potential supply chain disruptions and other breaches.
Disclaimer: Due to the general nature of this update, the information provided here may not apply in all situations, and should not be acted upon without specific legal advice based on your particular situation.
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