EPA Proposes Risk Management of Methylene Chloride Under the Toxic Substance Control Act
On May 3, 2023, EPA published a proposed rule to restrict the use of methylene chloride under the Toxic Substance Control Act (TSCA). Methylene chloride is used as a solvent in a wide range of industrial, commercial and consumer applications. TSCA requires that EPA address any unreasonable risk of injury to health, or the environment identified in a TSCA risk evaluation. EPA must apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk. EPA evaluated 53 conditions of use of methylene chloride and determined that 47 conditions of use present an unreasonable risk of injury to health for workers and consumers. Based on these risk determinations, EPA is proposing to prohibit the manufacture, processing, and distribution in commerce of methylene chloride for consumer use. EPA is also proposing to prohibit most industrial and commercial uses of methylene chloride. For the remaining uses, EPA is proposing to require a workplace chemical protection program, which would include a chemical exposure limit, set by EPA, and exposure monitoring. The proposal also includes time-limited exemptions for uses of methylene chloride that would otherwise significantly disrupt national security and critical infrastructure.
Comments are due on July 3, 2023.
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