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EPA/OCSPP RIN: 2070-AK07 Publication ID: Spring 2018 
Title: N-Methylpyrrolidone (NMP) and Methylene Chloride; Rulemaking 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 issue rules under TSCA section 6 for chemicals listed in the 2014 update to the TSCA Work Plan for Chemical Assessments for which EPA published completed risk assessments prior to June 22, 2016, consistent with the scope of the completed risk assessment. Methylene chloride and N-methylpyrrolidone (NMP) are 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 and the March 2015 TSCA Work Plan Chemical Risk Assessment for NMP, EPA characterized risks from use of these chemicals in paint and coating removal. On January 19, 2017, EPA preliminarily determined that the use of NMP and 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. EPA co-proposed two options for NMP in paint and coating removal. The first co-proposal would prohibit the manufacture, processing, and distribution in commerce of NMP for all consumer and most commercial paint and coating removal and the use of NMP for most commercial paint and coating removal. The second co-proposal would require commercial users of NMP for paint and coating removal to establish a worker protection program and not use paint and coating removal products that contain greater than 35% NMP by weight, with certain exceptions; and require processors of products containing NMP for paint and coating removal to reformulate products such that they do not exceed 35% NMP by weight, to identify gloves that provide effective protection for the formulation, and to provide warnings and instructions on any paint and coating removal products containing NMP. Also in that proposal, EPA identified commercial furniture refinishing as an industry for which EPA would like more information before proposing regulations to address the risks presented by methylene chloride, and announced its intention to issue a separate proposal to address those risks. EPA held a public workshop on September 12, 2017, with representatives of Federal and State government agencies, industry professionals, furniture refinishing experts, non-government organizations, academic experts, and others to discuss the role of methylene chloride in furniture refinishing, work practices employed when using methylene chloride in furniture refinishing, potential alternatives, economic impacts, and other issues identified in EPA's January 2017 proposed rule.

 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 U.S.C. 2605, Toxic Substances Control Act   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/19/2017  82 FR 7464   
NPRM Comment Period Extended  05/01/2017  82 FR 20310   
Supplemental NPRM  12/00/2019 
Final Rule  10/00/2021 
Additional Information: Docket # EPA-HQ-OPPT-2016-0231
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: State 
Small Entities Affected: Businesses  Federalism: Yes 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
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: 238320 Painting and Wall Covering Contractors; 238330 Flooring Contractors; 325 Chemical Manufacturing; 336411 Aircraft Manufacturing; 336611 Ship Building and Repairing; 711510 Independent Artists, Writers, and Performers; 712110 Museums; 811121 Automotive Body, Paint, and Interior Repair and Maintenance; 811420 Reupholstery and Furniture Repair 
RIN Data Printed in the FR: Yes 
Agency Contact:
Niva Kramek
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7405M,
Washington, DC 20460
Phone:202 564-4830
Email: kramek.niva@epa.gov

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