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EPA Taking Comments on Methylene Chloride

Friday, November 1, 2019

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The Environmental Protection Agency is asking for public input on a draft risk evaluation of more than 70 uses for methylene chloride, including commercial paint and coating removal, consumer adhesives, sealants, degreasers, cleaners and automobile care products.

While the EPA released a final ruling for consumer use in March, which prohibits the manufacture, processing and distribution of methylene chloride for consumer use, the draft risk evaluation for the chemical as a whole is the next step in the process outlined by the amended Toxic Substances Control Act.

What Happened

In January 2017, the EPA announced that it was considering a ban on the use of methylene chloride. Reports under the Obama administration determined that the common chemical in paint-strippers placed consumers, workers and bystanders at an unreasonable risk of injury.

Aleksandr Volunkov

The Environmental Protection Agency is asking for public input on a draft risk evaluation of more than 70 uses for methylene chloride, including commercial paint and coating removal, consumer adhesives, sealants, degreasers, cleaners and automobile care products.

In May 2018, the EPA announced that it would be moving forward with that original ruling and stated that, as part of its requirement in the switch from the Lautenberg Chemical Safety to the Toxic Substances Control Act, it was nearing completion of the Problem Formulations portion of a review of 10 specific chemicals, and had made a decision on methylene chloride.

The update at the time said that the EPA:

  • Intended to finalize the methylene chloride rulemaking;
  • Was not re-evaluating the paint-stripping uses of methylene chloride and was relying on its previous risk assessments; and
  • Was working to send the finalized rulemaking to the White House Office of Management and Budget shortly.

The previous risk assessment that the announcement referred to was that January 2017 determination, when the agency first proposed prohibiting the consumer and commercial paint-stripping uses for the chemical.

At that time, the EPA said that dangers regarding methylene chloride include death (due to asphyxiation), liver toxicity, kidney toxicity, reproductive toxicity and certain cancers.

“Some of these health effects result from a very short, acute exposure; others follow years of occupational exposure,” the EPA noted.

The original 2017 277-page proposal called for a prohibition on the manufacture (including import), processing and distribution of these chemicals in commerce. The proposal also talked about restricting the sale of small-volume products and requiring companies to notify retailers and others in the supply chain regarding such prohibitions.

Since then, several paint manufacturers and box stores have discontinued the manufacturing or sale of products that contain methylene chloride and a group of environment and public health advocates had notified the EPA of its intent to sue over its failure to finalize a rule.

Lawsuits and Rulings

Groups including Safer Chemicals, Healthy Families, Vermont Public Interest Research Group and two families of victims who have died from methylene chloride exposure filed a lawsuit against the EPA over its failure to prohibit the use of the chemical on Jan. 14 in the U.S. District Court of Vermont.

The lawsuit was first threatened back in November 2018, when the groups notified the EPA of its intent to sue. The group refers to the TSCA, which requires the EPA to regulate chemicals that present an unreasonable risk to human health or the environment.

USMC / Cpl. Rubin J. Tan

While the EPA released a final ruling for consumer use in March, which prohibits the manufacture, processing and distribution of methylene chloride for consumer use, the draft risk evaluation for the chemical as a whole is the next step in the process outlined by the amended Toxic Substances Control Act.

Specifically, the group asked the court to finalize the original January 2017 proposed TSCA Section 6 rule, which completely bans the product.

However, the reports from EPA documents released shortly before the suit was filed showed that the EPA intended to ban the retail use of the chemical—not an industry-wide ban.

Sure enough, in March, the EPA issued the final rule to prohibit the manufacture and importing, processing and distribution of methylene chloride in all paint removers for consumer use. Beginning Nov. 22, paint-removal products containing methylene chloride will not be able to be sold at any retail or distribution establishments that have consumer sales, including e-commerce sales.

However, sales to contractors and other professionals remains available.

The decision drew immediate backlash from public health advocates, as employees of professionals who still use methylene chloride remain at risk of death and long-term health effects.

Various manufacturers of the methylene-chloride-based strippers have argued that the products are safe, if those using it have adequate training, and are pleased that the EPA is considering establishing a federal training and certificate program.

Last month, the EPA released a guide to help processors and distributors comply with the final rule, most notably the requirements for downstream notification and recordkeeping for all manufacturers, processors and distributors of the chemical—including retailers—which went into effect Aug. 27.

The Evaluation

Methylene chloride is the fifth of the first 10 chemicals to undergo the risk evaluation under the amended TSCA.

The evaluation will review the risks associated with the uses of methylene chloride before the agency decides what actions to take.

The draft risk evaluation in itself is not an action but represents the agency’s review of the scientific data and will be peer reviewed by independent, scientific experts as well as open to public comment.

The EPA will use feedback received from the peer review and public comment process to inform the final risk evaluation. If the EPA’s final risk evaluation finds there are adverse health risks associated with this chemical under any of the specific conditions of use, the agency will propose actions to address those risks within the timeframe required by TSCA, the agency said.

The EPA is accepting comments on this draft risk evaluation until Dec. 30 and will also hold a public peer review meeting of the EPA’s Science Advisory Committee on Chemicals on Dec. 3-4.

   

Tagged categories: Chemical stripping; EPA; EPA; Government; Health & Safety; Health and safety; Methylene chloride; NA; North America; Safety; Surface preparation

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