Court Vacates EPA’s 2024 Methylene Chloride Rule
Credit: LD / iStock via Getty Images Plus
The U.S. Court of Appeals for the Fifth Circuit has vacated the U.S. Environmental Protection Agency’s 2024 methylene chloride risk-management rule and the revised unreasonable-risk determination supporting it.
In a Sept. 15 opinion in East Fork Enterprises Inc. v. EPA, the court granted the industry petitioners’ request for review, denied the Sierra Club’s petition and remanded the matter to EPA. East Fork Enterprises, Epic Paint Company and the American Chemistry Council were among the industry petitioners.
The court held that the Toxic Substances Control Act requires EPA to evaluate unreasonable risk according to separate conditions of use rather than issue one determination for a chemical as a whole. The court also found errors in EPA’s treatment of personal protective equipment, workplace exposure, economic consequences and technically feasible alternatives.
EPA’s 2024 rule prohibited 40 of the 53 evaluated conditions of use for methylene chloride. Thirteen industrial or commercial conditions of use were allowed to continue subject to workplace chemical-protection requirements, including selected processing, formulation and paint- or coating-removal activities.
The ruling does not undo EPA’s separate 2019 prohibition on manufacturing, processing and distributing methylene chloride for consumer paint and coating removal. That earlier rule was not challenged in this case.
The opinion vacates the 2024 rule and associated risk determination and sends the matter back to EPA. Regulated companies should monitor issuance of the court’s mandate, any rehearing or appellate activity and EPA guidance before changing compliance procedures. This article reports the decision and does not constitute legal advice.
Source: United States Court of Appeals for the Fifth Circuit
Follow PCI’s regulations coverage for chemical restrictions and reporting requirements affecting coatings manufacturers and users.
Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!
