EPA backs Biden-era toxics rule but delays enforcement

By Ellie Borst | 05/21/2025 01:37 PM EDT

The Trump administration in a recent court filing said it intends to defend some parts of the rule on a deadly paint stripper.

A can of paint stripper sits next to a jar of stripped paint and gummed up sandpaper

The Biden administration set a partial ban on methylene chloride, a deadly chemical known for its widespread use as a paint stripper. Rachel Baranow/Flickr

EPA announced plans to push back enforcement dates for regulation of a widely used and carcinogenic paint stripper chemical, while defending other restrictions finalized under the Biden administration.

According to a prepublication notice released Tuesday, the narrow proposal would extend the dates by which nonfederal labs need to be in compliance with more stringent workplace protections and recordkeeping standards for uses of methylene chloride, which can be deadly when inhaled. The deadline extensions would put nonfederal labs on the same timeline as their federal counterparts.

Restrictions under the April 2024 rule were enacted May 5. Those deadlines “remain effective until modified through this rulemaking,” EPA’s website says, but enforcing “the current deadlines is a low enforcement priority for the agency.”

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In a court document filed last week, Justice Department attorney Laura Brown said EPA “intends to defend the methylene chloride regulation,” but it “will no longer defend the positions on the single risk determination and personal protective equipment issues.”

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