Advocacy Provides Public Comment on EPA’s Proposed Risk Management for n-Methylpyrrolidone under the Toxic Substance Control Act

On June 14, 2024, the EPA published a proposed rule to restrict the use of n-Methylpyrrolidone (NMP)under the Toxic Substances Control Act (TSCA). NMP is a widely used solvent in various industrial, commercial, and consumer applications, including the manufacture and production of electronics, polymers, petrochemical products, paints and coatings, and paint and coating removers. The TSCA requires that the EPA identifies and addresses any unreasonable risk of injury to health or the environment in a TSCA risk evaluation to the extent necessary so that the chemical no longer presents an unreasonable risk. The EPA evaluated 37 conditions of use of NMP and determined that 29 of those conditions present an unreasonable risk of injury to the health of workers and consumers.

The EPA proposed a workplace chemical protection program (WCPP) for the remaining uses. The program would include a requirement to prevent direct dermal contact with NMP or require prescriptive controls where a prohibition is not practical and a WCPP is not sufficient. The proposal also includes recordkeeping and downstream notification requirements. In addition, the EPA includes a 16-ounce size restriction on consumer-use NMP products, new labeling requirements for consumer containers, and recordkeeping requirements including a record of the exposure control plan, documentation of the use of personal protective equipment, and information and training on NMP-related workplace protocols.

The Office of Advocacy (Advocacy) has filed public comments on this proposed rule. Advocacy is concerned that the agency’s proposal exceeds its statutory authority by prohibiting most commercial and industrial uses of PCE. Furthermore, Advocacy is concerned that some of the proposed policies create a disproportionate impact on small businesses, potentially resulting in a de facto ban on the use of NMP for entities that could comply with a WCPP. Finally, Advocacy is concerned that the EPA has not properly identified all the potential economic impacts on small businesses and is underestimating the costs of the rule.

For more information, please contact Assistant Chief Counsel Emily Jones at Emily.Jones@sba.gov.

Document

Comment Letter – Regulation Under the Toxic Substances Control Act n-Methylpyrrolidone (PDF, 71.9 KB)