In April of 2024, the Environmental Protection Agency (EPA) put plans in place to ban most uses of methylene chloride. This move finalizes years of efforts to increase the regulations for this infamously dangerous material. Methylene chloride is still a critical component in laboratories that are conducting chemical research.
This new environmental legislation means interpreting the federal environmental statutes and the Texas laws. This can be a complicated and tangled mess where experienced environmental attorneys are needed to represent the individuals, companies, and associations associated with this changing industry.
What is Methylene Chloride
Methylene chloride is also known as dichloromethane (DCM), and it is highly volatile. Short-term exposure, like minutes of inhaling and skin absorption, can have negative effects on the central nervous system. Long-term exposure may cause liver and lung cancer. It can also lead to liver toxicity.
Products Containing Methylene Chloride
The potency of this chemical also makes them attractive for commercial, industrial, and research uses. Because of its properties, it is often used for purposes like:
- Aerosols
- Degreasers
- Paints
- Paint strippers
Laboratory Applications of Methylene Chloride
Since the multiple uses of Methylene chloride were discovered, it has been essential in many laboratory applications, including:
- Extraction
- Purification
- Synthesis
In 1997, the Occupational Safety and Health Administration (OSHA) put regulations in place to protect industrial workers from methylene chloride. These measures limited both short and long-term exposure, required designated areas for the handling of hazardous materials, and employee safety training.
Banning Methylene Chloride
To revise the EPA’s preexisting Toxic Substances Control Act (TSCA), congress passed targeted legislation in 2016. The EPA was given new powers of regulation to ban or increase precautions on chemicals posing unreasonable risks to people or the environment. Methylene chloride was at the top of the list to be reviewed.
The EPA banned the use of methylene chloride and N-methylpyrrolidone (NMP) in consumer products like commercial paints and paint removers in 2019. After a follow-up evaluation in 2022, the EPA began to push for a total ban on methylene chloride in consumer markets. In April of 2024, the EPA finalized rules to remove the product from U.S. Commerce.
Laboratory Use Exemption
The EPA’s ban prohibits the dangerous substance for commercial, consumer, and industrial purposes. However, these new rules do not impose a complete methylene chloride ban on all uses. The EPA does allow for its usage as a laboratory chemical in limited and controlled use.
These new rules also call for additional work protections within these laboratory environments. Typically, laboratory settings have more controls and limit overall exposure, reducing adverse reactions to the chemical. Most of these rules keep pace with the standard regulations OSHA implemented in 1997.
A couple of differences between OSHA’s 1997 standards and these new EPA rules deal with worker protections. Under the new rule, exposure thresholds are decreased. Even the definition of workers has been extended to include anyone exposed to methylene chloride. This may include:
- Laboratory workers
- University students working in labs
- Volunteers
- Self-employed people who may use these chemicals
- State and local government workers in contact with this chemical
New Laboratory Requirements
Laboratories still using methylene chloride have to draft a Workplace Chemical Protection Program (WCPP). This requires record-keeping requirements to verify that exposure thresholds are monitored and not exceeded. Dermal protection is another new requirement to be put in place.
After the publication of the EPA’s final rule, affected organizations will have 180 days to begin using the WCPP and establishing a baseline of exposure for potentially exposed people.
A year after the publication of the final rule, necessary controls for the reduction of exposure should be in place. Organizations that are already in compliance with OSHA’s standards will still need to perform monitoring for baseline exposure.
As long as the substance remains in use, the facility should repeat this exposure monitoring every five years. If the results of any of the monitoring exceed the exposure levels, additional periodic monitoring will be required either every three or six months. The frequency depends on the results.
If someone is potentially exposed, they should be informed of the results, and an exposure control plan (ECP) must be performed to document attempts to reduce exposure.
To eliminate and reduce exposure, the EPA’s rules are meant to be flexible, but if methylene chloride cannot be substituted or eliminated, the agency requires a laboratory’s ECP to include:
- Activity-specific training
- Chemically resistant gloves
- Specific engineering controls
The Future of Methylene Chloride
The EPA’s pre-publication of their proposed regulations of methylene chloride Regulation allows for chemical hygiene professionals and safety teams to begin communications with lab personnel and employees regarding the next steps.
Most responsible laboratories already have safety programs, training, and engineering controls in place to manage this and other toxic chemicals. Now is the time to revisit past assessments, approvals, and the results, considering whether the ongoing use of methylene chloride is still necessary.
In many laboratory facilities, this substance is essential for basic chemical research, synthesis, and various analytical methods. In these cases, health and safety teams should focus on risk assessment and mitigation. Consulting with lab workers and management can also help when finding solutions to the challenges ahead.
Currently, the EPA is evaluating more than 30 existing chemicals that fall under the revised TSCA to determine whether there is an unreasonable risk to human health or the environment. Methylene chloride is the first to come under fire, but precedent will be set for future EPA bans and restrictions with the successful strategies and relationships developed to deal with this current ban.
A Checklist to Regulate Methylene Chloride
Communicating and Planning Ahead
- Discuss the dangers and new regulations of methylene chloride
- Identify the areas where methylene chloride is in use or stored
- Review previous monitoring results for methylene chloride to assess the actions that have already been taken and see if those measurements follow the new levels
Check Equipment
- Confirm equipment used for routine or emergency air monitoring is calibrated and appropriately set for measuring methylene chloride according to the new exposure threshold values
- Confirm local exhaust ventilation controls (fume hoods and extractors) are serviced, inspected, and certified for use
Eliminate and Substitute Methylene Chloride (if possible)
- Make attempts to eliminate and substitute methylene chloride wherever possible and
- Identify where and how methylene chloride is still permitted, considering written approval for any persons still using the chemical
Plan for Compliance
- Create a monitoring plan with a Certified Industrial Hygienist
- Document compliance with a Workplace Chemical Protection Program (WCPP)
- Update all Chemical Hygiene Plans
- Update chemical-handling training, highlighting the health hazards of methylene chloride and new or updated requirements
The Importance of a Qualified Environmental Litigation Lawyer
New EPA laws call for skilled negotiators with a deep understanding of all the issues confronting clients in the various industries, including:
- Chemical laboratories
- Manufacturing
- Construction
- Energy sectors
Schedule a Consultation with Our Exceptional Environmental Litigation Attorneys
The experienced Texas environmental law attorneys at MehaffyWeber understand that environmental litigation can lead to potentially disastrous consequences. These can be monetary disasters that disrupt the flow of business and damage the reputation of a company.
A skilled attorney can explain how these rule changes will impact you on both personal and business levels. To find the most favorable resolutions for you, you should contact us as soon as possible.