EPA Proposes Temporary Relief to Ensure Lab Compliance with Methylene Chloride Regulations under TSCA
The U.S. Environmental Protection Agency (EPA) is proposing to extend various upcoming compliance dates in the final risk management rule for methylene chloride under the Toxic Substances Control Act (TSCA) in order to ensure long-term compliance with the rule’s requirements. The proposal extends the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months, to align with the dates allowed for federal laboratories and their contractors. EPA is issuing this proposal to address non-federal laboratories’ near-term challenges with implementation of the May 2024 final rule on methylene chloride.
If finalized, this proposal would extend the following compliance dates for non-federal laboratories: for initial monitoring from May 5, 2025, to November 9, 2026; for establishing regulated areas and ensuring compliance with the Existing Chemical Exposure Limit from August 1, 2025, to February 8, 2027; and for ensuring the methods of compliance, as well as developing and implementing an exposure control plan, from October 30, 2025, to May 10, 2027.
Shortly after publishing the 2024 final rule, representatives from various laboratories using methylene chloride contacted EPA with questions and concerns including on the applicability of the rule and the requirements for WCPP compliance. Many of these laboratories, especially those associated with local governments or universities on fixed budget cycles that did not contemplate these requirements, use methylene chloride in small quantities and somewhat infrequently and are facing challenges completing the rule’s initial monitoring requirements across potentially hundreds of labs in such a short timeframe. EPA’s proposal would avoid disrupting important environmental monitoring and associated activities, while these non-federal labs work to comply with the rule’s new requirements.
EPA will soon publish a Federal Register notice extending the compliance dates for non-federal laboratories. Upon publication of the Federal Register notice, EPA will accept comments for 30 days via docket EPA-HQ-OPPT-2020-0465 on regulations.gov.
While we are proposing new compliance dates through this action, the current deadlines remain effective until modified through this rulemaking. Enforcement of the current deadlines is a low enforcement priority for the agency, and EPA intends to focus its resources on compliance with the new compliance dates that may be established by this rulemaking. EPA retains the right to take action to address imminent and substantial threats to human health and the environment.
