Lawsuits Filed Against EPA Over Recent TSCA Section 6 Rule – Update from Bick Law, LLP

Fri Jul 12th, On Environmental Law, by Julieanne Nguyen

On March 15, 2019, the United States Environmental Protection Agency (EPA) announced a rule to prohibit the manufacturing, processing, and distribution of methylene chloride in paint removers for consumer use.  Under Section 6 of the Toxic Substances Control Act (TSCA), EPA has the authority “to prohibit or limit the manufacture, processing, distribution, in commerce, use, or disposal of a chemical” if it is deemed harmful to the environment or may possess unreasonable health risk.  Methylene chloride showed the potential to cause various adverse health effects in the 2014 TSCA work plan assessment.  The results identified acute risks of neurological effects for consumer users and bystanders.

As a result, EPA introduced parts of the final rule on January 19, 2017 and sought public comments until April 19, 2017.  Because this ban on methylene chloride was initially proposed two years prior, during the Obama Administration, the public urged EPA to finalize the proposed rule immediately.  Lawsuits were filed against EPA for their delayed action on the matter.

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