CSHEMA - Campus Safety, Health, and Environmental Management Association

CSHEMA Responds to Fifth Circuit Ruling Vacating EPA Methylene Chloride Rule

September 22, 2026—The Campus Safety, Health, and Environmental Management Association (CSHEMA) is advising member institutions to take a measured approach following the U.S. Court of Appeals for the Fifth Circuit’s September 15, 2026 decision to vacate the Environmental Protection Agency’s (EPA) 2024 final risk management ruling for methylene chloride (dichloromethane, DCM) (East Fork Enterprises, Inc. v. EPA, Nos. 24-60227 and 24-60256).

Overview

On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit vacated (voided) Environmental Protection Agency (EPA) 2024 final risk management ruling for methylene chloride (dichloromethane, DCM) (East Fork Enterprises, Inc. v. EPA, Nos. 24-60227 and 24-60256). EPA could file an appeal with the Supreme Court to reinstate or partially reinstate the rule. This would be filed within 90 days of the ruling, unless an extension is granted. However, as of Monday, September 21, 2026, there has been no announcement from EPA regarding its stance on this ruling from the Fifth Circuit and what actions will be taken moving forward.

What hasn’t changed?

The ruling only impacts the 2024 methylene chloride rule. Consumer uses are still banned by EPA under the 2019 Final Rule on Regulation of Methylene Chloride in Paint and Coating Removal for Consumer Use (EPA-HQ-OPPT-2016-0231-0980). The Fifth Circuit ruling also has no impact on the OSHA Subpart Z 1910.1052 requirements for methylene chloride.

This decision applies only to the methylene chloride rule and its associated risk determination. It does not vacate or suspend TSCA rules for trichloroethylene, perchloroethylene, carbon tetrachloride, and 1,2-dichloroethane. Institutions should continue to comply with requirements for other TSCA-regulated chemicals unless those requirements are separately modified, stayed, or vacated.

What does this mean for CSHEMA member institutions?

The decision from the Fifth Circuit creates uncertainty for colleges and universities that have been preparing to meet the rule’s requirements, including the November 9, 2026 deadline for initial exposure monitoring for non-federal laboratories. Many institutions are taking a measured approach rather than immediately dismantling the programs and processes developed to comply with the rule.

Institutions that have already completed exposure monitoring may wish to preserve those results and related documentation (CSHEMA Toolkit). Existing data may continue to be useful for assessing exposures under OSHA requirements and institutional chemical safety programs. Before proceeding with additional monitoring or other requirements planned solely to meet the 2024 EPA requirements, members may wish to evaluate whether to proceed with those activities until the regulatory status becomes clearer.

CSHEMA will continue to monitor developments, provide updates, and develop and modify tools for meeting compliance requirements for the emerging regulatory landscape. CSHEMA looks forward to continuing to work with EPA on future regulatory activity that affects our membership.

This information is provided for informational purposes and is not intended as legal advice. Institutions should consult appropriate institutional officials and legal counsel regarding their specific compliance obligations.

About CSHEMA
CSHEMA is the national leader in safety and environmental management in higher education. Representing over 400 member institutions, it provides leadership and resources to improve environmental health and safety in colleges and universities.