Overview of the 2024 Methylene Chloride Regulation

Compliance with environmental regulations can be daunting, especially with complex chemicals like methylene chloride. let's learn about the 2024 Methylene Chloride Regulation under the Toxic Substances Control Act (TSCA). By understanding these requirements, you'll help prevent injuries, long-term illnesses, and even fatalities associated with methylene chloride exposure.

Why is this regulation important?

The information in this guide can help you understand and comply with new regulations from the U.S. Environmental Protection Agency (EPA) for the chemical substance, methylene chloride. Awareness of and following due diligence in the methylene chloride regulation will prevent injuries, long-term illness, and, in some cases, death.

What is methylene chloride?

Methylene chloride – Dichloromethane or DCM – is a colorless liquid and a volatile chemical with a sweet odor. It is used in various consumer and commercial applications including adhesives, sealants, and automotive products.

Health risks associated with methylene chloride

The EPA identified non-cancer health risks from acute and chronic inhalation and dermal exposures to methylene chloride. Cancer health risks from chronic inhalation and dermal exposures. Acute exposure can cause dizziness, loss of consciousness, and even death, while chronic exposure can lead to long-term impacts including cancer and liver damage.

How to Determine Your Responsibilities for Methylene Chloride Regulation

Three things to remember, Who needs to comply? W hat are the Roles and responsibilities & Understanding conditions of use?

Who needs to comply?

Entities that manufacture (including import), process, distribute in commerce, use, or dispose of methylene chloride or products containing methylene chloride are impacted by this rule.

Roles and responsibilities

• Owners or Operators: Responsible for implementing the WCPP in any workplace with an applicable condition of use.
• Potentially Exposed Persons: Workers or others in the workplace who may be exposed to methylene chloride.
• Retailers: Entities that distribute methylene chloride to consumer end users, including through e-commerce.

Conditions of use regulated by the rule

The rule applies to various conditions of use including domestic manufacturing, processing, and specific industrial and commercial uses. Some uses have prohibitions with extended timeframes, while others are entirely prohibited.

Workplace Chemical Protection Program (WCPP)

EPA protects workers from unreasonable risks posed by occupational exposure to certain chemicals.

Requirements of the WCPP

The WCPP includes several provisions to protect potentially exposed persons in the workplace:

• Exposure Limits: EPA existing chemical exposure limit (ECEL) and EPA short-term exposure limit (EPA STEL).
• Monitoring: Initial and periodic exposure monitoring.
• Regulated Areas: Establishment of areas where exposure limits are exceeded.
• Exposure Control Plan: Development and communication of a plan to control exposures.
• Respiratory Protection and PPE: Requirements for protective equipment.
• Training: Comprehensive training for potentially exposed persons.
• Recordkeeping and Notification: Maintaining records and notifying employees of exposure levels.

Deadlines for meeting WCPP requirements

Key compliance dates include:

• May 5, 2025: Initial Monitoring
• August 1, 2025: Exposure Limits and Dermal Protections
• October 30, 2025: Exposure Control Plan

Occupational Exposure Limits (OELs) under the WCPP

Regulating values that indicate safe exposure levels for hazardous substances in a workplace

Existing Chemical Exposure Limit (ECEL)

The ECEL for methylene chloride is 2 ppm (8 mg/m³) as an 8-hour time-weighted average (TWA). This means that the average concentration of methylene chloride in the air over an 8-hour work shift should not exceed 2 ppm.

EPA Short-Term Exposure Limit (EPA STEL)

The EPA STEL is 16 ppm (57 mg/m³) as a 15-minute TWA. This limit is designed to protect workers from short-term exposures to higher concentrations of methylene chloride.

ECEL Action Level

The ECEL action level is set at 1 ppm (4 mg/m³) as an 8-hour TWA. If workplace air concentrations exceed this level, certain compliance activities such as increased monitoring and implementing exposure controls are triggered.

Monitoring requirements

Initial Monitoring

Initial monitoring is required to establish baseline exposure levels for workers. This must be conducted before May 5, 2025, or within 30 days of introducing methylene chloride into the workplace. The goal is to determine the highest likely full-shift and 15-minute exposures.

Periodic Monitoring

Periodic monitoring ensures that exposure levels remain within the permissible limits over time. The frequency of periodic monitoring is determined by the initial monitoring results and can range from once every 5 years to once every 3 months.

Additional Monitoring

Additional monitoring is required if there are changes in production, processes, or control measures that could increase exposure to methylene chloride.

Notification of monitoring results

Owners and operators must inform potentially exposed persons of monitoring results within 15 working days after receipt. This notification should include exposure levels, any exceedances of the ECEL or EPA STEL, and the steps taken to reduce exposure.

Establishing and managing regulated areas

A regulated area must be established where methylene chloride concentrations exceed the ECEL or EPA STEL. These areas should be marked clearly, and access should be restricted to authorized and trained personnel only.

Training requirements

Training must be provided to all potentially exposed persons before they begin their job assignments. This training should cover the hazards of methylene chloride, protective measures, and the use of personal protective equipment (PPE).

Developing and implementing the exposure control plan

An exposure control plan must be developed and implemented to ensure compliance with the WCPP. This plan should include:

• Identification and implementation of exposure controls based on the hierarchy of controls (elimination, substitution, engineering controls, administrative controls, and PPE).
• A description of regulated areas and access restrictions.
• Procedures for maintaining the effectiveness of exposure controls and updating the plan as necessary.

When and how to use respiratory protection and personal protective equipment (PPE)

Respiratory protection and PPE must be used when exposure levels cannot be reduced to acceptable levels through engineering and administrative controls alone. Proper selection, fit testing, and training on the use of respiratory protection are essential.

Prohibitions of Methylene Chloride

Overview of prohibited uses of Methylene Chloride

The regulation prohibits the manufacture, processing, and distribution of methylene chloride for all consumer use and most industrial and commercial uses.

Conditions of use with extended timeframes

Certain uses, such as in adhesives and sealants for aircraft and refinishing wood pieces of artistic value, have extended timeframes for compliance.

Compliance strategies for prohibited uses

Entities must cease prohibited activities and implement alternative methods or products that do not involve methylene chloride.

Recordkeeping and Downstream Notification of Methylene Chloride

Recordkeeping requirements

Entities must maintain detailed records of methylene chloride use, exposure monitoring, training, and compliance activities. These records should be readily available for inspection by the EPA.

Import certification and export notification

Importers and exporters of methylene chloride must certify compliance with the regulation and notify downstream users of methylene chloride content in their products.

What are the Downstream notification requirements of Methylene Chloride Regulation

Manufacturers, processors, and distributors must inform downstream users of the restrictions and hazards associated with methylene chloride. This includes updating safety data sheets (SDS) and providing written notifications.

Violations for Non-Compliance

Penalties for violations

Violations of the methylene chloride regulation can result in significant penalties, including fines and injunctive relief. The EPA has the authority to enforce compliance and take action against entities that fail to adhere to the regulation.

EPA’s approach to addressing violations by small businesses - compliance assistance programs

The EPA assists small businesses to help them comply with the regulation. While penalties can still apply, the EPA may consider the size and resources of the business when addressing violations and may offer compliance assistance programs.