US EPA’s Proposed New Rule: An Assault on Batteries?

Goldberg Segalla
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Goldberg Segalla

On June 5, the U.S. Environmental Protection Agency proposed limits on the use of N-Methylpyrrolidone (NMP), a solvent found in products such as arts and crafts supplies and paint remover. Manufacturers also use NMP during the production of semiconductors and lithium-ion batteries. Studies link NMP to a range of negative health effects, including miscarriages, reduced male fertility, and damage to the liver, kidneys, and immune and nervous systems.

The US EPA’s proposed rule bans the commercial use of NMP in automotive care products, cleaning and degreasing agents, furniture care products, antifreeze and de-icing substances, lubricants, fertilizers and other goods. Glues and adhesives would not be allowed to have an NMP concentration greater than 45 percent, while other types of consumer products would be limited in container size and require labeling. The rule also establishes safeguards, including protective-equipment requirements, for workers exposed to NMP.

Industry groups argue the new rule would slow the manufacture of lithium-ion batteries and other products necessary to build electric vehicles and other clean energy technologies. This objection could find purchase in the current administration in view of President Biden’s promotion of EVs as the centerpiece of his plan to fight climate change.

For example, the U.S. Chamber of Commerce, the nation’s largest business lobby, objected that the solvents “are critical to the manufacturing and production of lithium rechargeable batteries, a component necessary in advancing the administration’s clean transportation and advanced battery manufacturing work force goals.” The organization wrote that regulation could mean “significantly stifling innovation” in the clean-energy sector.

Environmental groups, on the other hand, claim the US EPA’s proposed rule does not go far enough to protect people exposed to NMP, particularly those who live near factories and other industrial facilities where the chemicals are used.

The US EPA will accept public comments on the proposed rule for 45 days. It may then make changes to the rule before finalizing it, likely sometime within the next year. If your company relies on NMP-containing products, or has some relationship to the EV market, this rule-making process will be one to keep an eye on, if not in which to actively participate.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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