Risk Management Rule for Methylene Chloride under TSCA Impact on Universities
In April 2024, the Environmental Protection Agency (EPA) issued a final rule regulating methylene chloride under the Toxic Substances Control Act (TSCA). University research operations will be impacted, and Environmental Health and Safety (EHS) departments will be burdened by additional workload as well as equipment and service costs to comply with this new rule.
Key Changes: The TSCA methylene chloride rule prohibits most consumer and commercial uses of methylene chloride. The rule will allow 13 conditions of use to continue, including use as a laboratory chemical with strict new requirements including:
- Documentation of attempts to eliminate or substitute methylene chloride.
- Documentation of all control measures, including those not implemented.
- Initial and periodic exposure monitoring for anyone potentially exposed, including recordkeeping and dissemination of monitoring data.
- Development and implementation of a Workplace Chemical Protection Program.
- Recordkeeping to maintain an auditable paper trail of these measures.
Timeline: Implementation of these requirements is mandated according to the following timeline:
- May 5, 2025: Complete initial exposure monitoring.
- August 1, 2025, or three months after monitoring: Implement controls.
- October 30, 2025: Develop and implement an Exposure Control Plan.
Dual Regulatory Oversight By OSHA and EPA: The new EPA rule is not aligned with the existing OSHA requirements for recordkeeping or exposure limits. The structure of this regulation is a significant departure for laboratories which have functioned under the provisions of the performance-oriented Occupational Safety and Health Administration (OSHA) Occupational Exposure to Hazardous Chemicals in Laboratories (29 CFR 1910.1450) since 1990. University research operations will be significantly impacted. EH&S departments will need to manage additional workload and may need new equipment and experience new service costs.
University Actions and Budget Impacts: Based on the above compliance timelines, EHS personnel will need to act quickly to identify where and how methylene chloride is used on their campus, which uses can continue and which must cease, and develop an initial exposure monitoring plan. Costs for this initial monitoring could range from thousands to hundreds of thousands of dollars depending on the extent of sampling, equipment, and staffing needs. Additional ongoing costs for documentation and recordkeeping should be expected.
Increasing costs in the manufacture and import of methylene chloride are anticipated, resulting in research budget impacts. Research and business operations should plan for these impacts and begin to evaluate potential alternatives for methylene chloride. Institutional leaders should be aware that the EPA is conducting risk evaluations for many other high-priority chemicals that will likely result in additional regulatory actions in the foreseeable future.