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EPA/OCSPP RIN: 2070-AK07 Publication ID: Spring 2019 
Title: Methylene Chloride; Regulation of Paint and Coating Removal for Consumer Use Under TSCA Section 6(a) 
Abstract:

Section 6(a) of the Toxic Substances Control Act provides authority for EPA to ban or restrict the manufacture (including import), processing, distribution in commerce, and use of chemical substances, as well as any manner or method of disposal. Section 26(l)(4) of TSCA authorizes EPA to publish proposed and final rules under TSCA section 6(a) that are consistent with the scope of completed TSCA Work Plan chemical risk assessments completed before June 22, 2016 and that are consistent with other applicable requirements of TSCA section 6. Methylene chloride is used in paint and coating removal in commercial processes and consumer products. In the August 2014 TSCA Work Plan Chemical Risk Assessment for methylene chloride, EPA characterized risks from use of these chemicals in paint and coating removal. On January 19, 2017, EPA preliminarily determined that the use of methylene chloride in paint and coating removal poses an unreasonable risk of injury to health. EPA also proposed prohibitions and restrictions on the manufacture, processing, and distribution in commerce of methylene chloride for all consumer and most types of commercial paint and coating removal and on the use of methylene chloride in commercial paint and coating removal in specified sectors. In the final rule published on March 27, 2019, EPA determined that the use of methylene chloride in consumer paint and coating removal presents an unreasonable risk of injury to health due to acute human lethality but, exercising its discretion under section 26(l)(4), EPA did not finalize such a determination concerning the use of methylene chloride in commercial paint and coating removal and did not finalize that portion of the proposed rule. To address the unreasonable risk to consumers of acute human lethality, the final rule prohibits the manufacture (including import), processing, and distribution in commerce of methylene chloride for consumer paint and coating removal, including distribution to and by retailers; requires manufacturers (including importers), processors, and distributors, except for retailers, of methylene chloride for any use to provide downstream notification of these prohibitions; and requires the retention of certain records. While EPA proposed to identify the use of methylene chloride in commercial furniture refinishing as presenting an unreasonable risk, EPA intends to further evaluate this and other commercial paint and coating removal uses and develop an appropriate regulatory risk management approach under the process for risk evaluations for existing chemicals under TSCA. Although N-methylpyrrolidone (NMP) was included in the January 2017 proposed rule, EPA intends to address NMP use in paint and coating removal in the risk evaluation for NMP and to consider any resulting risk reduction requirements in a separate regulatory action (RIN 2070-AK46).

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 751   
Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act    15 U.S.C. 2625, TSCA 26   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/19/2017  82 FR 7464   
Notice  08/30/2017  82 FR 41256   
Final Rule  03/27/2019  84 FR 11420   
Final Rule Effective  05/28/2019 
Additional Information: Docket # EPA-HQ-OPPT-2016-0231
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.epa.gov/assessing-and-managing-chemicals-under-tsca   Public Comment URL: www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0231-0001  
Sectors Affected: 4246 Chemical and Allied Products Merchant Wholesalers 
RIN Data Printed in the FR: Yes 
Agency Contact:
Joel Wolf
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-0432
Email: wolf.joel@epa.gov