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EPA/OCSPP RIN: 2070-AK07 Publication ID: Fall 2018 
Title: 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 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. While EPA proposed to identify the use of methylene chloride in commercial furniture refinishing as presenting an unreasonable risk, EPA intends to further evaluate the commercial furniture refinishing use 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: Final Rule Stage 
Major: Undetermined  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   
NPRM Comment Period Extended  05/01/2017  82 FR 20310   
Notice  08/30/2017  82 FR 41256   
Final Rule  12/00/2018 
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 
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:
Ana Corado
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7408M,
Washington, DC 20460
Phone:202 564-0140
Email:  corado.ana@epa.gov

Joel Wolf
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 564-2228
Fax:202 566-0471
Email: wolf.joel@epa.gov