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

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.

The latest form for Methylene Chloride; Regulation of Methylene Chloride under TSCA Section 6(a) (Final Rule) expires 2028-01-31 and can be found here.

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