Fifth Circuit Vacates EPA Methylene Chloride Rule Under TSCA
The Fifth Circuit vacated the EPA's risk management rule for methylene chloride, which had banned 40 uses and imposed workplace requirements on 13 remaining industrial and commercial uses. The court found the EPA exceeded its statutory authority and lacked sufficient evidence, marking the first substantive appellate interpretation of TSCA Section 6 since the 2016 amendments. The decision addresses how the agency must evaluate unreasonable risk, tailor restrictions, and meet evidentiary burdens for existing chemicals.
The Fifth Circuit issued its decision on September 15, 2026, in East Fork Enterprises, Inc. v. EPA. The challenged rule had prohibited forty methylene chloride uses and placed workplace controls on thirteen remaining industrial and commercial uses, including monitoring and a chemical exposure limit far stricter than OSHA’s.
The ruling is the first substantive appellate reading of TSCA Section 6 since the 2016 amendments. It addresses how EPA assesses unreasonable risk, tailors use restrictions, and supports its findings. The panel also examined how EPA treats worker exposure where OSHA standards already exist. The decision binds only in the Fifth Circuit but may guide other courts and future EPA rulemakings.
The ruling could affect chemical manufacturers, product makers, industrial employers, and workers using methylene chloride. By rejecting the EPA rule, it may ease near-term compliance costs for some businesses, while worker protections could depend more heavily on OSHA standards. It may also create uncertainty for EPA’s other TSCA risk-management efforts and encourage similar legal challenges. Other circuits and regulated companies may watch how EPA applies the decision, potentially shaping chemical regulation and workplace safety practices nationwide.