In the first five months of 2024, the United States Environmental Protection Agency (EPA) finalized two significant rules under section 6(a) of the Toxic Substances Control Act (TSCA), imposing extensive bans and restrictions on the use of chrysotile asbestos and methylene chloride. Aside from a 2019 EPA rule prohibiting the manufacturing, processing, and distribution of methylene chloride for consumer paint and coating removal, these are the first broadly applicable risk management rules issued since Congress amended TSCA in 2016 to address unreasonable risks to human health or the environment.
These rules have already faced legal challenges. Numerous lawsuits filed by industry, labor, and environmental groups across four circuit courts have been consolidated by a federal judiciary panel into the Fifth Circuit Court of Appeals for the chrysotile asbestos rule. Additionally, two companies have jointly petitioned for review of the methylene chloride rule in the Fifth Circuit, while an environmental group has challenged it in the Ninth Circuit.
The implementation of these rules may offer insights into future risk management rules that the EPA plans to introduce according to the following schedule:
!EPA Rule Implementation Timeline
EPA Ban on Chrysotile Asbestos
On March 28, 2024, the EPA issued its final rule under section 6(a) of TSCA to ban chrysotile asbestos. The EPA identified chrysotile asbestos as the only type of asbestos currently imported, processed, and distributed in commerce in the US. The final rule bans all known uses of chrysotile asbestos and imported products containing it, including diaphragms in the chlor-alkali industry, sheet and other gaskets, oilfield brake blocks, and aftermarket automotive brakes, linings, and other vehicle friction products.
For certain uses like chrysotile asbestos diaphragms in the chlor-alkali industry and sheet gaskets for titanium dioxide production, the EPA’s final rule imposes interim workplace protection controls. These include an existing chemical exposure limit (ECEL) of 0.005 fibers/cubic centimeter as an 8-hour time-weighted average, exposure monitoring, regulated areas, respirators, and exposure control plans.
The prohibitions and phase-in dates for chrysotile asbestos are detailed below. Notably, certain products already installed for use by their compliance dates are exempted.
!Chrysotile Asbestos Prohibitions
!Chrysotile Asbestos Prohibitions
!Chrysotile Asbestos Prohibitions
!Chrysotile Asbestos Prohibitions
Methylene Chloride Rule
On May 9, 2024, the EPA published its final risk management rule on methylene chloride. This rule prohibits certain conditions of use while allowing others to continue under a rigorous worker protection program and provides extended timelines for some uses. These restrictions do not apply to the manufacture, import, processing, and distribution of methylene chloride for consumer use in paint and coating removal, which has already been prohibited under another EPA TSCA regulation.
The use prohibitions are outlined below:
!Methylene Chloride Use Prohibitions
Exemptions from Methylene Chloride Ban
The EPA included a de minimis exemption making the final rule’s requirements inapplicable to products containing less than 0.1% methylene chloride by weight. Additionally, manufacturing, processing, or distributing methylene chloride solely for export is exempted from all prohibitions except for worker chemical protection program requirements. No similar exemptions were included in the asbestos final rule.
The final rule for methylene chloride also exempts certain conditions of use from the bans if they adhere to a rigorous workplace