TSCA Section 6 Chemical Prohibitions and Rules
Updated 06/17/2024
Latest updates related to TSCA Section 6:
Previous Updates:
- Asbestos (Part I)
- Trichloroethylene (TCE)
- Carbon Tetrachloride (CTC; "Carbon Tet")
- Perchloroethylene (PCE)
Latest TSCA Section 6 Rule Activity
For updates about EPA's progress to prioritize and evaluate the risks of chemicals on the TSCA Inventory list, see our other TSCA updates page.
n-Methylpyrrolidone (NMP)
Update June 2024
Section 6 restrictions proposed: June 14, 2024.
US EPA proposed to prohibit manufacture, import, processing, distribution, and use of NMP for several conditions of use on June 14, 2024. For uses of NMP not prohibited, employers would be required to implement a workplace chemical protection program (WCPP).
Proposed Rule n-Methylpyrrolidone (NMP): Regulation Under TSCA
The proposed TSCA rule for NMP also includes provisions to:
- Establish a concentration limit for NMP in consumer adhesives and sealants.
- Regulate certain consumer products to prevent commercial use.
- Establish recordkeeping, labeling, and downstream notification requirements.
- Define key terms:“direct dermal contact,” “exposure group,” and “restricted area.”
US EPA will accept comments on the proposed rule until July 29, 2024.
Methylene Chloride (MCL)
Update June 2024
Final Rule: TSCA Section 6 restrictions for methylene chloride take effect on July 8, 2024.
Final Rule Methylene Chloride: Regulation Under TSCA
Published on May 8, 2024, the methylene chloride Final Rule prohibits manufacturing, processing, and distribution of methylene chloride for all consumer uses and most industrial uses. The rule provides an exemption for "a critical or essential use of methylene chloride" for cases in which a safer alternative is not feasible.
The Final Rule for methylene chloride (MCL) also:
- Requires a workplace chemical protection program (WCPP) for certain non-prohibited uses.
- Adds recordkeeping and downstream notification requirements.
- For products containing MCL, identifies a “de minimis threshold” for prohibition/restriction.
Note: The May 2024 Final Rule does not cover methylene chloride used in consumer paint and coating removers; these uses are subject to separate TSCA §6 regulations in effect since 2019.
Asbestos ("Part I")
Final Rule: Effective May 28, 2024, ongoing uses of chrysotile asbestos are prohibited under TSCA.
Final Rule Chrysotile Asbestos: Regulation of Certain Conditions of Use Under TSCA
US EPA published a Final Rule to prohibit or "ban" ongoing uses of chrysotile asbestos on March 28, 2024. The asbetos ban takes effect on May 28, 2024, and is the first regulation of its kind finalized under the 2016 amendments to the Toxic Substances Control Act (TSCA).
Read more about the asbestos Final Rule.
Trichloroethylene (TCE)
Section 6 restrictions proposed: October 31, 2023.
A proposed rule to totally prohibit manufacturing (including import), processing, and/or distribution in commerce of trichloroethylene (TCE) was published on October 31.
The rule would not immediately outlaw all activity involving TCE; certain uses are granted longer compliance timelines, phase-out periods, or limited time exemptions. The rule includes workplace controls for those uses being phased-out or exempted.
The proposed TCE rule would also:
- Prohibit disposal to industrial pre-treatment or treatment works, or POTWs,; and
- Establish recordkeeping and downstream notifications requirements.
The new restrictions on TCE follow EPA’s finding in 2023 that the chemical poses an “unreasonable risk” to human health.
What is TCE?
Trichloroethylene is a volatile organic compound (VOC). In the text of the proposed rule signed on October 12, EPA notes that an estimated 84% of annual production is for intermediate use in the production of hydrofluorocarbons (HFCs) used as refrigerants—another type of substance for which EPA recently proposed new requirements.
Carbon Tetrachloride (CTC; "Carbon Tet")
Section 6 restrictions proposed: July 28, 2023
EPA will accept public comment until August 28 on a proposed rule to address health risks to workers posed by the chemical carbon tetrachloride. Proposed requirements include:
- Enacting new workplace safety requirements,
- Prohibiting activity related to already-phased-out uses of CTC, and
- Establish recordkeeping and downstream notification requirements.
In the proposed rule posted on July 28, EPA notes that carbon tetrachloride is primarily used as a feedstock to make refrigerants, aerosol propellants, and foam-blowing agents. The chemical presents risk to human health via inhalation and dermal exposure, which can lead to liver toxicity.
Perchloroethylene (PCE)
Section 6 restrictions proposed: June 16, 2023
Update June 16, 2023: The proposed TSCA Section 6 restrictions for PCE appeared in the Federal Register on June 16, 2023. EPA will accept public comments for 60 days, until August 15.
The proposed rule would:
- Prohibit most industrial and commercial uses of PCE
- Prohibit manufacturing, processing, and distribution for banned uses
- Prohibit manufacture, processing, and distribution for all consumer use
- Introduce a 10-year phase-out for PCE use in dry cleaning,
- Require workplace chemical protections for inhalation and dermal contact, and
- Require that end users to whom PCE is shipped are notified about prohibitions.
A 60-day comment period will follow publication of the proposed rule in the Federal Register.
The rule does not prohibit every activity involving PCE: It allows for continued processing of the substance to manufacture certain hydrofluorocarbons used in "more climate-friendly refrigerants." The rule also allows continued industrial and commercial use of PCE to, for example, manufacture petrochemicals or coatings for aircraft skins, and for vapor degreasing to make aerospace parts and engines.
PCE is a colorless liquid used mostly to produce fluorinated compounds for industrial gas manufacturing (e.g., HFCs and HCFCs). It’s also found in adhesives, brake cleaners, aerosol lubricants, sealants, and polishes.
What Are TSCA Section 6 Chemical Restrictions?
The Toxic Substances Control Act (TSCA), as amended in 2016, directs US EPA to impose prohibitions and/or restrictions on persons who manufacture, process, distribute, or use chemicals that the agency determines pose an "unreasonable risk" to health or the environment.
To determine which chemicals pose unreasonable risk, EPA follows a detailed process to prioritize and evaluate the hazards of more than 40,000 "active" substances listed on the TSCA Inventory.
Once EPA determines that a chemical poses an "unreasonable risk" to health or the environment, the agency may use its authority under Section 6 of TSCA to address those risks by restricting activities involving that chemical. EPA's options under Section 6 range from minor tweaks to total prohibition on manufacturing, processing, distribution, and/or use of the chemical.
TSCA Section 6 History
Until now, it has been very rare for EPA to exercise its authority under TSCA Section 6. A Final Rule to ban manufacture, import, and processing of most asbestos-containing products took effect in 1989 (and was partly overturned shortly thereafter).
Besides the restrictions on asbestos, EPA used Section 6 just four other times before TSCA was reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) in 2016, for rules concerning:
- Polychlorinated biphenyls (PCBs)
- Chlorofluorocarbons (CFCs)
- Dioxin
- "Chrome 6" (Hexavalent chromium)
More recently, EPA finalized Section 6 standards for five persistent, bioaccumulative, and toxic (PBT) substances in January 2021; and a rule to address the risks of methylene chloride in paint and coating removal for consumer use in 2019.
The number of chemicals subject to Section 6 actions is going to grow significantly in the years to come. Methylene chloride and PCE are two of ten chemicals for which EPA has already made an unreasonable risk determination—and that's just the start.
The law requires EPA to evaluate the risks of all chemicals on the TSCA inventory. Each one of those risk evaluations will follow the same multi-step process, and each one could result in new management standards for the chemical.
New to TSCA or Environmental Compliance?
If you’re new to the field of environmental compliance or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise.
The Complete Environmental Regulations online course will prepare you to identify the 40 CFR regulations that impact your facility and take the steps need to achieve compliance. The course covers the keys to applicability for major EPA air, water, and chemical programs and will help you make informed decisions about environmental compliance.
Or check out our more focused environmental compliance courses:
- TSCA Regulations Online
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Tags: lautenberg, methylene chloride, PCE, TSCA, TSCA Section 6
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