Dichloromethane (DCM) Research Compliance Program Updates Following the Fifth Circuit Ruling Vacating EPA DCM Rule

November 11, 2026 - K. Porter

This news brief is intended to provide the MSU Research community with updates on the steps MSU EHS is taking to assess the recent court ruling on DCM risk management and communicate changes to the current MSU EHS DCM RCP.

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) Risk Management for Methylene Chloride | US EPA. The court found that the EPA failed to provide separate risk determination for each use condition. The court ruling does not conclude that DCM is safe but instead determined that the EPA failed to justify why the proposed DCM restrictions were necessary.

Because the EPA has 90 days to file an appeal with the courts, MSU EHS will continue with our current MSU EHS DCM RCP with one exemption: MSU EHS DCM RCP's current timeline for discontinuing all use of DCM in currently approved spaces by December 2026 is no longer in effect. The MSU EHS DCM RCP will be amended to reflect this change.

Additionally, a full review of the program will be conducted by MSU EHS after the 90-day appeal window has closed, or more information becomes available.

Important: The court ruling does not impact the Final Rule on Regulation of Methylene Chloride in Paint and Coating Removal for Consumer Use | US EPA or 1910.1052 - Methylene chloride. | Occupational Safety and Health Administration. At this time, the currently published Risk Management for Methylene Chloride | US EPA has not been amended by the EPA, and there is no new notice of proposed rulemaking or final EPA action has been published.Further, this ruling only applies to DCM; it does not affect the TSCA rulings for Trichloroethylene (TCE), Perchloroethylene (PCE), Carbon Tetrachloride (CTC) or 1,2-Dichloroethane.

EHS continues to encourage researchers to explore alternatives to DCM and to submit a waste pick up request through the Safety Portal for all unneeded DCM.