US EPA Proposes Restrictions on Solvent N-Methylpyrrolidone

SafeGuardSAutomotive, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile ProductsJune 25, 2024

SG 96/24

EPA publishes proposal to regulate N-methylpyrrolidone under TSCA, which would prescribe requirements for consumer and commercial uses, prohibit certain commercial applications and impose workplace protection requirements.

On June 5, 2024, the US Environmental Protection Agency (EPA) announced its latest proposed rule (89 FR 51134), which would regulate N-methylpyrrolidone (NMP) in most applications. NMP is part of the ‘first 10’ chemicals, which the EPA listed for risk evaluation in 2016. Other chemicals on this list include methylene chloride, trichloroethylene and perchloroethylene, for which the EPA has already released proposed or finalized rules (SafeGuardS 77/24, 154/23 and 76/23). The proposal seeks to address the unreasonable risk of NMP to human health by amending 40 CFR 751 ‘Regulation of certain chemical substances and mixtures’, under section 6 of TSCA.

N-Methylpyrrolidone is a solvent used in a wide range of industrial, commercial and consumer applications, including the production of polymers, coatings and paint removers, lubricants, degreasers, cleaning and furniture care products, as well electrical devices. The EPA is concerned with the chemical’s associated health effects, such as damage to the liver, kidneys, immune system and nervous system, as well as reduced fertility.

Highlights of the proposed measures are:

Type of proposed measure	Requirement	Affected Applications	Proposed Effective Date
Prohibition	Prohibition	Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents	12-24 months after publication of the final rule (Staggered phase-out for manufacturing, processing, distributing and commercial/industrial uses)
Concentration limits*	≤ 45% concentration limit	Consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives	12-24 months after publication of the final rule (Staggered phase-out for manufacturing, processing, distributing and commercial/industrial uses)
Container size limits, and labels	≤ 16 oz container size To be labelled with “This product is only for sale in containers of 16 ounces or less and is for consumer use only”	Consumer use in paint and coating removers Consumer use in adhesive removers Consumer use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes Consumer use in paint additives and coating additives in paints and arts and crafts paints Consumer use in automotive care products Consumer use in cleaning and furniture care products, including wood cleaners and gasket removers Consumer use in lubricant and lubricant additives, including hydrophilic coatings	12 months after publication of final rule
Prescriptive workplace requirements	Personal Protective Equipment (PPE)	Processing incorporation into articles in paint additives and coating additives in transportation equipment manufacturing Industrial and commercial use in paints, coatings, and adhesive removers Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins, excluding industrial and commercial use in specific adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants for aviation parts Industrial and commercial use in ink, toner, and colorant products in printer ink Industrial and commercial use in soldering materials	12 months after publication of final rule
Workplace Chemical Protection Program	Direct Dermal Contact Controls Exposure control procedures and plan Restricted areas Personal Protective Equipment (PPE) Workplace Information and Training	Manufacturing (including import) All processing, unless covered by other measures All industrial and commercial use, unless covered by other measures Disposal	36 months after publication of final rule for federal agencies and federal contractors 12 months after publication of final rule for other owners and operators, or Within 30 days of introduction of NMP into the workplace

* Including concentration limit for seven more industrial or commercial uses

The rule proposes a de minimis level of 0.1%, meaning that prohibitions and restrictions do not apply to articles with NMP concentrations below the de minimis level. The proposal also provides certain recordkeeping requirements to demonstrate compliance. Comments are accepted until July 29, 2024.

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