EPA Finalizes Methylene Chloride Ban

 “I am pleased that the EPA is finally taking action and banning methylene chloride as a commercial bathtub stripper, said Wendy Hartley, mother of Kevin Hartley,who died from methylene chloride poisoning. “This is a huge step that will protect vulnerable workers.”

Kevin Hartley died after stripping a bathtub in a Nashville, Tennessee, apartment using a product containing methylene chloride called White Lightning Low Odor Stripper, the Occupational Safety and Health Administration (OSHA) documented in an investigation summary.

The North American Polymer Company, or NAPCO, manufactured the paint stripper. NAPCO could not be reached for comment on the EPA ruling.

The ruling also received support from the United Steelworkers (USW) for lowering the allowable exposure levels in workplaces.

 “Our union fought for the updated Toxic Substances Control Act so that we could ensure that worker exposures to harmful substances like methylene chloride are appropriately assessed and regulated at harmful levels,” said David McCall, the USW’s international president. Now, thanks to the current administration, workers are safer and better protected.” 

Employees exposed to methylene chloride face higher risks of developing cancer and other potential adverse effects. Since 1980, at least 88 people have died from acute exposure to methylene chloride, largely workers engaged in bathtub refinishing or other paint stripping, the EPA said.

The ban aligns with the Biden administration’s Cancer Moonshot initiative aimed at preventing more than 4 million cancer deaths by 2047.

Under the ruling, allowable uses for methylene chloride include those that are considered essential for national security and the environment, such as battery technology manufacturing, plastic and rubber manufacturing and aerospace and defense applications.

Operations continuing to use the substance will be subject to strict exposure limits, monitoring requirements and worker training and notification requirements, the EPA said.

'More Favorable Than Expected' for Chemical Industry

The public-comment period on the proposed ruling appears to have influenced the EPA's decision to allow some uses of methylene chloride, including plastics and rubber manufacturing, said CP regulatory columnist Lynn Bergeson, a managing partner with Bergeson & Campbell P.C. 

"The submitted monitoring data demonstrated for several uses that EPA’s proposal to prohibit specific conditions of use was not necessary because the data satisfied EPA’s initial concerns about compliance with its workplace chemical protection program (WCPP, including the existing chemical exposure limit of 2 ppm as an 8-hour time-weighted average)," said Bergeson in an email response to Chemical Processing. 

The agency also extended the timeframes for initial monitoring and full implementation of the workplace monitoring program for operaitons that received an exemption for some uses, Bergeson noted. 

But the ruling will leave many users of methylene chloride looking for alternatives.

"EPA finalized its proposal to prohibit the manufacture, processing and distribution of methylene chloride for all consumer use," Bergeson said. "In my view, this was expected and warranted, given the hazard concerns and limited options for controlling consumer exposures. Overall, not all stakeholders will be happy with EPA’s final rule, but it does underscore the importance of providing data/information to EPA as early as possible to avoid or minimize supply chain disruptions."