Methylene Chloride; Regulation of Methylene Chloride under TSCA Section 6(a) (Final Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2735ss02.docx	Supporting Statement A	Uploaded 2024-05-22	Repair queued
2735.02 TSCA Section 6_USCODE.pdf	Supplementary Document	Uploaded 2024-05-10	Repair queued
2735.02 Methylene Chloride Stakeholder Mtg. List.pdf	Supplementary Document	Uploaded 2024-05-10	Repair queued
2735.02 Economic Analysis.docx	Supplementary Document	Uploaded 2024-05-10	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
267604	Rule Familiarization (Prohibition Firms)		New
260123	Respiratory Notification		Modified
260122	Respiratory Recordkeeping		Modified
260121	Respiratory Monitoring		Modified
260120	Downstream Notification (SDS)		Modified
260119	Rule Familiarization		Modified

ICR Details

OMB Control No: 2070-0229	ICR Reference No: 202405-2070-002
Status: Active	Previous ICR Reference No: 202305-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2735.02
Title: Methylene Chloride; Regulation of Methylene Chloride under TSCA Section 6(a) (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/17/2025
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/22/2024
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the final rule.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2028	36 Months From Approved
Responses	122,301	0	0
Time Burden (Hours)	149,089	0	0
Cost Burden (Dollars)	4,451,405	0	0

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Abstract: EPA proposed a rule under section 6 of the Toxic Substances Control Act (TSCA) to address the unreasonable risk to human health presented by methylene chloride under its conditions of use. The proposed rule would: (1) prohibit the manufacture, processing, and distribution in commerce of methylene chloride for all consumer use; (2) prohibit most industrial and commercial uses of methylene chloride; (3) require a workplace chemical protection program (WCPP), including inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls, for ten conditions of use of methylene chloride (including manufacture; import; processing as a reactant; processing as an incorporation into a formulation, mixture, or reaction product; processing in repackaging; processing as recycling; laboratory use; industrial or commercial use in aerospace and military paint and coating removal from safety-critical, corrosion-sensitive components by Federal agencies and their contractors; industrial or commercial use as a bonding agent for acrylic and polycarbonate in mission-critical military and space vehicle applications, including in the production of specialty batteries for such by Federal agencies and their contractors; and disposal); (4) require recordkeeping and downstream notification requirements for manufacturing, processing, and distribution in commerce of methylene chloride; (5) provide a 10-year time-limited exemption under TSCA section 6(g) for paint and coating removal uses by military and civilian aviation that EPA proposes are critical to national security and infrastructure, with conditions for this exemption to include compliance with the WCPP; and, (6) provide a 10-year time-limited exemption under TSCA section 6(g) for emergency use of methylene chloride in furtherance of NASAs mission for specific conditions which are critical or essential and for which no technically and economically feasible safer alternative is available, with conditions for this exemption to include compliance with the WCPP. The information collection activities contained in the proposed rule are: (1) Downstream notification requirements though Safety Data Sheets (SDS); (2)WCPP-related information generation, recordkeeping, and notification requirements, including: (a) development of exposure control plans; (b) exposure level monitoring and related recordkeeping; (c) development of documentation for a Personal Protective Equipment program and related recordkeeping; (d) development of documentation for a respiratory protection program and related recordkeeping; (e) development and notification to potentially exposed persons (employees and others in the workplace) about how they can access the exposure control plans, exposure monitoring records, PPE program implementation documentation, and respirator program documentation; and, (f) development of documentation demonstrating eligibility for an exemption from the proposed prohibitions, and related recordkeeping. Finally, the proposed rule would also require recordkeeping related to exemptions proposed under TSCA section 6(g) demonstrating compliance with the specific conditions of the exemptions (including compliance with the interim WCPP). The proposed rule would require that records be retained for 5 years from the date of generation.

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Authorizing Statute(s): US Code: 15 USC 2605(a) Name of Law: Toxic Substances Control Act (TSCA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK70	Final or interim final rulemaking	89 FR 39254	05/08/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Downstream Notification (SDS)
Respiratory Monitoring
Respiratory Notification
Respiratory Recordkeeping
Rule Familiarization
Rule Familiarization (Prohibition Firms)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	122,301	0	0	122,301	0	0
Annual Time Burden (Hours)	149,089	0	0	149,089	0	0
Annual Cost Burden (Dollars)	4,451,405	0	0	4,451,405	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are three provisions under the final rule that are expected to increase burden under the PRA.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/22/2024

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