EPA Finalizes Methylene Chloride Prohibitions and Restrictions under TSCA

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule under the Toxic Substances Control Act (TSCA) concerning Methylene Chloride after determining that it presents an unreasonable risk of injury to health (see Federal Register, 39254-39302). The rule:

• Prohibits manufacturing, processing, and distribution of methylene chloride for all consumer uses;
• Prohibits most industrial and commercial uses of methylene chloride;
• Requires workplace protections through a Workplace Chemical Protection Program for the remaining uses; and 
• Requires recordkeeping and downstream notification requirements.

This rule will impact a wide range of industries, including gasket, packaging, adhesive, and sealing device manufacturing. Uses that will continue under the Workplace Chemical Protection Program include, among other things, plastic and rubber manufacturing, including polycarbonate products.