EPA Proposes to Regulate NMP used in Coatings Applications Under the TSCA

On June 14, 2024, the U.S. Environmental Protection Agency (EPA) proposed regulations to restrict uses of n-Methylpyrrolidone (NMP), a solvent widely used in a variety of industrial, commercial, and consumer applications, including the manufacture and production of electronics (e.g., semiconductors), polymers, petrochemical products, paints and coatings, and paint/coating/adhesive removers¹.  These proposed restrictions, which EPA contends will decrease risks to human health due to inhalation and dermal exposures, will impact the paint and coatings industry 12 months after they are expected to be finalized in May of 2025. Manufacturers and users of paints and coatings should investigate their supply chains and products for uses of NMP to assess the proposed restrictions’ impact on existing operations.

Applying the same evaluation of the conditions of use for NMP as it did for other solvents, EPA determined that 29 of 37 uses contributed to unreasonable risk in humans. EPA’s proposed regulations would prohibit the manufacturing, importation, processing, distribution in commerce, and industrial and commercial use of NMP for five occupational uses, which represent ~18% of NMP’s current domestic production volume.² 

Rather than prohibit commercial and industrial uses of NMP in paints and coatings, EPA’s proposed Worker Chemical Protection Program (WCPP) would require prescriptive workplace controls, including concentration limits and/or strict workplace controls for the following paint and coating uses:

• Processing incorporation into formulation, mixture or reaction products in paint additives and coating additives in paint and coating manufacturing, as well as solvents (which become part of product formulation or mixture) in paint and coating manufacturing.
• Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in electronic parts manufacturing.
• Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in semiconductor manufacturing.

EPA’s proposed concentration limits for paint and coating uses include:

• No more than 45% NMP by weight for processing into articles in paint additives and coating additives in transportation equipment manufacturing.
• No more than 30% NMP by weight in paint, coatings, and adhesive removers.
• No more than 45% NMP by weight in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation.
• No more than 45% NMP by weight in paint and coating additives in construction, fabricated and primary metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade.

Additionally, EPA’s proposal would require facilities to implement respiratory and dermal exposure protections for workers, provide workplace training and prepare exposure control plans.

For mission critical and safety critical uses by the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA), and their contractors, EPA is allowing certain uses to continue without concentration limits and prescriptive controls. These uses include uses in paint, coating, and adhesive removers and paints and coatings used for aircraft, spacecraft, and vessels owned and operated by DOD and NASA.

Although EPA did not find risks associated with consumer uses, EPA plans to require “consumer use only” product labelling and limit consumer containers of NMP-containing consumer paints and coatings products to no more than 16 ounces to prevent their use in industrial and commercial applications. Consumer products that will be affected include NMP containing consumer paint and coating removers, consumer paint and coating additives, and consumer paints and coatings in lacquers, stains, varnishes, primers and floor finishes.

When final, EPA intends to require container size restrictions and labeling requirements within 12 months and for industrial and commercial uses workplace and prescriptive controls will also begin to come into effect within 12 months.

Businesses should consider the feasibility of EPA’s proposed workplace controls and concentrations limits. The official comment period on the proposal closed on July 29, 2024, and EPA is intending to finalize the proposal in the May of 2025. Impacted stakeholders should not hesitate to contact EPA while the agency continues to work to finalize the proposal.

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¹https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-n-methylpyrrolidone-nmp.
 ²The proposed prohibited uses include: processing of NMP for incorporation into articles in lubricants and lubricant additives in machinery manufacturing; industrial and commercial use of NMP 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 in hydrophilic coatings; industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers; and industrial and commercial use in fertilizer and other agricultural and chemical manufacturing, processing aids and solvents.
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Nancy B. Beck PhD, Director of Regulatory Science, Hunton Andrews Kurth LLP beckn@HuntonAK.com
Paul T. Nyffeler PhD, Senior Attorney, Hunton Andrews Kurth LLP pnyffeler@HuntonAK.com
Javaneh S. Tarter, Senior Attorney, Hunton Andrews Kurth LLP jtarter@HuntonAK.com
Gregory R. Wall, Partner, Hunton Andrews Kurth LLP gwall@HuntonAK.com
Matthew Z. Leopold, Partner, Hunton Andrews Kurth LLP mleopold@HuntonAK.com