TSCA Rules for MCL Enforced By DOJ
The US Department of Justice (DOJ) filed the complaint against an e-commerce platform for allegedly playing a part in the sale of “hundreds of thousands of products” in violation of several environmental acts.
The Agencies (DOJ and EPA) aim to prevent the platform from violating these laws in the future, seeking civil penalties and a ruling that the platform violated the Methylene Chloride Rule under the Toxic Substances Control Act (TSCA) in addition to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Clean Air Act (CAA).
Regulating Methylene Chloride Under TSCA
The complaint alleges that the platform has distributed over 5,600 items in violation of TSCA’s Methylene Chloride Rule which prohibits retailers, including e-commerce, from distributing products containing methylene chloride for paint and coating removal.
The rule also prohibits the manufacturing, importing, and processing of methylene chloride for consumer paint and coating removal.
Methylene chloride will soon enough be regulated even more stringently. Back in May, EPA proposed the following restrictions for the chemical:
- Prohibit manufacture, processing, and distribution for consumer use,
- Prohibit most industrial and commercial uses,
- Require new worker protections and exposure monitoring, and
- Add recordkeeping and notification requirements for several conditions of use.
This proposed rule provides “certain time-limited exemptions from requirements for uses of methylene chloride that would otherwise significantly disrupt national security and critical infrastructure.
The rule’s public comment period closed on July 3, 2023.
The complaint alleges that the platform has unlawfully distributed or sold at least 23,000 unregistered, misbranded, and restricted use pesticides in violation of FIFRA, including sales in direct violation of a stop sale order. Examples include a banned high toxicity insecticide, restricted use pesticides, and products fraudulently claiming to protect consumers against specific viruses.
DOJ & EPA also allege that the platform sold, offered for sale, or caused the sale of more than 343,000 aftermarket “defeat devices” that are banned by CAA.
Last Chance: Complete Environmental Regulations Training
Want a clearer idea of how major EPA air, water, and chemical programs all fit together to affect your site's activities? Join in on the final Complete Environmental Regulations Webinar of 2023 on December 14–15 at Lion.com.
Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.
Environmental, Health & Safety Regional Manager
The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.
Safety & Environmental Compliance Officer
Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.
Senior EHS Engineer
The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.
Environmental Compliance Manager
The instructor was very patient and engaging - willing to answer and help explain subject matter.
Material Control Superintendent
The instructor made the class very enjoyable and catered to the needs of our group.
Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!
Hazmat Shipping Professional
I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!
Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.
I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.
Download Our Latest Whitepaper
Explore ten hazardous waste management errors that caused generators in California the most trouble last year.