vvEPA
United States
Environmental Protection
Agency
Small Entity Compliance
Guidance for the Regulation
of Methylene Chloride
Paint and Coating Removal for
Consumer Use
September 2019
EPA-740-B-19-009

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£EPA
United States
Environmental Protection
Agency
This guide was prepared pursuant to section 212 of the Small Business
Regulatory Enforcement Fairness Act of1996, Pub. L. 104-121 as amended
by Pub. L. Number 110-28. THIS DOCUMENT IS NOT INTENDED, NOR CAN
IT BE RELIED UPON, TO CREATE ANY RIGHTS ENFORCEABLE BY ANY PARTY
IN LITIGATION WITH THE UNITED STATES. The statements in this document
are intended solely as guidance to aid you in complying with the EPA
regulation "Methylene Chloride; Regulation of Paint and Coating Removal
for Consumer Use under TSCA Section 6(a)" and the implementing
regulations in 40 CFR part 751. EPA may decide to revise this guide without
public notice to reflect changes in EPA's approach to regulating methylene
chloride for painting and coating removers under TSCA or to clarify
information and update text.
To determine whether EPA has revised this guide and/or to obtain copies,
contact EPA's Small Business Ombudsman Hotline at (800) 368-5888 or
(202) 566-1970 in DC, or consult the EPA's methylene chloride website at
https://wwww.epa.gov/assessing-and-managing-chemicals-under-tsca/
risk-management-methylene-chloride. The full text of the implementing
regulation can be found at 40 CFR Part 751 and also in the Federal Register
(59 FR 11435, March 27, 2019) and at docket EPA-HQ-OPPT-2016-0231 at
https://www.reaulations.aov.

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Introduction
This document is published by EPA as the official compliance guide forsmall entities, as
required by the Small Business Regulatory Enforcement Fairness Act of 1996. Before you
begin using the guide, you should know that the information in this guide was compiled
and based on the EPA regulation entitled, "Methylene Chloride; Paint and Coating
Removal for Consumer Use Under TSCA Section 6(a)," published on March 27, 2019. EPA is
continually improving and updating its rules, policies, compliance programs, and outreach
efforts. You can determine whether EPA has revised or supplemented the information
in this guide by consulting EPA's methylene chloride website at https://www.epa.gov/
assessing-and-managing-chemicals-under-tsca/risk-management-methylene-chloride.
Contents
This guide is organized as follows:
•	Introduction
•	Regulation Summary and Compliance
Timetable
•	Who Must Comply
•	How to Comply
•	For More Information
•	Appendix: Acronym List and Glossary of
Terms
Terminology
Throughout this guide, the term "paint and
coating removal" refers to the application of a
chemical or other method to remove, loosen,
or deteriorate any paint, varnish, lacquer,
graffiti, surface protectants, or other coating
from a substrate, including objects, vehicles,
architectural features, or structures. Paint and
coating removal is also frequently known as
"paint stripping." Other key terms are in the
Appendix: Glossary of Terms.
Who Should Use This
Guide?
You should use this guide if you manufacture
(including import), process, or distribute
methylene chloride or paint or coating
removers containing methylene chloride. Many
of the following types of businesses are likely
covered by this guide:
•	Chemical and Allied Products
Manufacturers (NAICS code 32411)
•	Chemical and Allied Products and
Merchants Wholesalers (NAICS code 4246),
and
•	Building Materials and Supplies Dealers
(NAICS code 4441).
Commercial users of methylene chloride in
paint and coating removal are not covered by
this compliance guide.
How Do I Obtain a Copy of
the Rule?
A complete copy of the final rule is in the
Federal Register (Vol. 84, p. 11420) and in
docket EPA-HQ-OPPT-2016-0231 at https://
www.regulations.gov/. which also includes
supporting documents. See the section entitled
For More Information for additional resources.
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Regulation Summary and Compliance
Timetable
Regulation Summary
On March 27, 2019, EPA published a final
determination 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
(84 FR 11420). Accordingly, EPA issued a final
rule under section 6(a) of TSCAto prohibit the
manufacture (including import), processing,
and distribution in commerce of methylene
chloride for consumer paint and coating
removal (including distribution to and by
retailers).
The final rule also requires manufacturers
(including importers), processors, and
distributors of methylene chloride for any use
to provide downstream notification of the
prohibitions throughout the supply chain;
and requires limited recordkeeping. The
downstream notification and recordkeeping
requirements do not apply to retailers.
However, all retailers (including e-commerce
retailers) are prohibited from distributing in
commerce methylene chloride for paint and
coating removal, including any methylene-
chloride containing paint and coating removal
products.
Compliance Timetable
EPA's regulation became effective on May 28,
2019. Regulatory requirements of the final
rule go into effect either 90 or 180 days after
that effective date. Table 1 summarizes the
regulatory requirements and compliance
dates. The compliance date is the date after
which compliance obligations apply.
The How to Comply section of this guide
provides more detail on what you must
do if you are a manufacturer, processor, or
distributor of methylene chloride or paint
and coating removers containing methylene
chloride.
Requirement
Compliance Date
Downstream Notifcation
Who
Each person who manufactures (including imports), processes,
or distributes in commerce methylene chloride for any use. This
requirement does not apply to retailers.
Starting on August
26, 2019
What
You must notify companies to whom methylene chloride is shipped,
in writing, of the restrictions on methylene chloride in paint and
coating removal described in 40 CFR part 751, subpart B.

When
Prior to or concurrent with the shipment of the methylene chloride or
product containing methylene chloride, starting on August 26,2019.

How
Notification must occur by inserting required language into the
Safety Data Sheet (SDS) provided with the methylene chloride or
with any methylene chloride containing product. Specific language
requirements for SDS are in the final rule and the section of this
guidance entitled How to Complv: Downstream Notification.

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Compliance Timetable (cont.)
Requirement
Compliance Date
Recordkeeping
Who
Each person who manufactures (including imports), processes, or
distributes in commerce methylene chloride. This requirement does
not apply to retailers.
Starting on August
26, 2019
What
You must retain documentation of:
•	the companies to whom methylene chloride was shipped;
•	a copy of the downstream notification provided; and
•	the amount of methylene chloride shipped.
When
Beginning August 26,2019, this documentation must be retained for3
years from the date of shipment.
How
This information must be retained at the company headquarters or
at the facility for which the records were generated. Requirements on
what these records must include are in the final rule and the section of
this guidance entitled How to Comolv: Recordkeeping.
Prohibition on Manufacture (including Import), Processing, and Distribution in
Commerce
Who/
What/
When
Beginning on November 22,2019, all persons are prohibited
from manufacturing (including importing), processing and
distributing in commerce methylene chloride for consumer paint
and coating removal.
November 22, 2019
Prohibition on Distribution to Retailers
Who/
What/
When
Beginning on November 22,2019, all persons are prohibited from
distributing to retailers any methylene chloride for paint and
coating removal, including any products containing methylene
chloride for paint and coating removal.
November 22, 2019
Retailer Prohibtion
Who/
What/
When
Beginning on November 22,2019, all retailers, including
e-commerce retailers, are prohibited from distributing in
commerce methylene chloride for paint and coating removal,
including any products containing methylene chloridefor paint
and coating removal.
November 22, 2019
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Who Must Comply
How Can I Tell If I Am
Subject to This Rule?
You are subject to 40 CFR part 751, subpart B if
you manufacture (including import), process,
or distribute in commerce methylene chloride
(CASRN 75-09-2) or methylene chloride-
containing paint and coating removal products.
This rule prohibits the manufacture (including
import), processing, or distribution in
commerce of methylene chloride for consumer
paint and coating removal. The details of those
prohibitions are in the next section, How to
Comply: Prohibtions.
The small entities directly regulated by this rule
include processors (since they formulate paint
and coating removers containing methylene
chloride), distributors of methylene chloride
and paint and coating removers containing
methylene chloride, and retailers.
What Is a Paint and Coating
Remover?
A "paint and coating remover" removes,
loosens, or deteriorates any paint, varnish,
lacquer, graffiti, surface protectants, or other
coating from a substrate, including objects,
vehicles, architectural features, or structures.
These products are also known as "paint
strippers."
What Small Entities Are
Regulated as Processors (or
Formulators) of Methylene
Chloride or Methylene
Chloride-Containing
Products?
Small entities that make paint and coating
removers containing methylene chloride
are also known as formulators or processors
of paint and coating removers containing
methylene chloride. Afterthe compliance dates
noted above, formulators and processors
are prohibited from making paint and
coating removers with methylene chloride
for consumer use. These products must be
discontinued or reformulated.
What Small Entities Are
Regulated as Retailers?
A retailer is a person or entity who distributes
in commerce or makes available a chemical
substance or mixture to consumer end users,
including by e-commerce internet sales or
distribution (see definitions at 40 CFR 751.105).
Any distributor with at least one consumer end
user customer is considered a retailer. A person
or entity who distributes in commerce or makes
available a chemical substance or mixture
solely to commercial or industrial end users or
solely to commercial or industrial businesses is
not considered a retailer.
After November 22, 2019, distribution of
methylene chloride for paint and coating
removal to or by retailers is prohibited.
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Are Any Formulators
or Distributors of Paint
and Coating Removers
Exempted or Not Covered?
If you formulate paint and coating removers
containing methylene chloride solely for
commercial or industrial users, then you are
not subject to the processing prohibitions in
the final rule. All formulators, regardless of
their customers, are subject to the downstream
reporting and recordkeeping requirements of
this rule.
If you distribute or make available paint
and coating removers containing methylene
chloride solely to commercial or industrial end
users or businesses, you are not a retailer and
are regulated as a distributor. All distributors
who are not retailers are subject to the
downstream reporting and recordkeeping
requirements of the final rule. As noted above,
any distributor with at least one consumer end
user customer is considered a retailer.
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How to Comply
What Must I Do to Comply?
This section provides guidance on the
requirements that EPA has put into place to
address unreasonable risks from the use of
methylene chloride in consumer paint and
coating removal. This includes prohibitions
on manufacturing, processing, or distributing
methylene chloride for consumer paint
and coating removal and requirements for
downstream notification and record keeping.
The requirements for small entities are the
same as for other entities.
Prohibitions
The prohibitions on manufacturing, processing,
and distribution in commerce of methylene
chloride for consumer paint and coating
removal, including distribution to and by
retailers, take effect on November 22,2019.
If you area manufacturer, processor, or
distributor of methylene chloride or methylene
chloride-containing paint and coating removal
products, you must ensure compliance
with these prohibitions; for example, by
discontinuing or reformulating any such
methylene chloride or methylene chloride-
containing products intended for consumers or
ceasing to make them available to consumers.
You also may not distribute methylene chloride
or methylene chloride-containing products for
paint and coating removal to retailers.
If you area manufacturer, processor, or
distributor of methylene chloride or methylene
chloride-containing products for paint and
coating removal for commercial or industrial
use, you should be aware of the prohibitions
on distribution to retailers and to consumers.
You should also be aware of the downstream
notification and recordkeeping requirements
that may apply to you.
If you are a retailer, after November 22,2019,
you are not allowed to sell methylene chloride
for paint and coating removal to any user. EPA
recognizes that this requirement could result in
stranded products and
Downstream Notification
The requirement to provide downstream
notification of the restrictions in the final rule
takes effect on August 26, 2019. Downstream
notification by manufacturers and others
in the supply chain ensures that processors
and distributors are aware of the restrictions
on methylene chloride in paint and coating
removal; enhances the likelihood that the risks
from consumer use of methylene chloride
for paint and coating removal are addressed
throughout the supply chain; streamlines
compliance; and enhances enforcement, since
compliance is improved when rules are clearly
and simply communicated.
If you manufacture, process, or distribute in
commerce methylene chloride, for any use, and
you are not a retailer, you must comply with
the downstream notification requirement in
the final rule starting on August 26,2019, the
compliance date. The downstream notification
describes the restrictions in the rule and must
be provided in writing with the shipment of
the methylene chloride, or in advance of it.
This notification must occur by inserting the
following text in the SDS provided with the
methylene chloride or any product containing
methylene chloride:
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(a)	SDS Section 1(c): "This chemical/
product is not and cannot be distributed
in commerce (as defined in TSCA section
3(5)) or processed (as defined in TSCA
section 3(13)) for consumer paint or coating
removal."
(b)	SDS Section 15: "This chemical/
product is not and cannot be distributed
in commerce (as defined in TSCA section
3(5)) or processed (as defined in TSCA
section 3(13)) for consumer paint or coating
removal."
This notification must be carried out for
methylene chloride for all uses, not just paint
and coating removal. The final rule does not set
any minimum amount of methylene chloride
required to provide downstream notification.
Recordkeeping
The recordkeeping requirement in the
final rule takes effect on August 26,2019. If
you manufacture, process, or distribute in
commerce methylene chloride, for any use, and
you are not a retailer, you must retain:
•	documentation of the companies to whom
methylene chloride was shipped;
•	a copy of the downstream notification
provided; and
•	the amount of methylene chloride shipped.
The documentation must be retained for 3
years from the date of shipment. The required
records can be kept either at the company's
headquarters or at the facility for which the
records were generated.
Labeling
There are no labeling requirements forthis rule.
Import Certification and
Export Notification
Persons who import methylene chloride are
subject to the TSCA section 13 (15 U.S.C. 2612)
import certification requirements and the
corresponding regulations at 19 CFR 12.118
through 12.127; see also 19 CFR 127.28.
To comply with the import certification
requirements, importers (or their agents)
will be required to certify that the shipment
of methylene chloride complies with all
applicable rules and orders underTSCA. The
EPA policy in support of import certification
appears at 40 CFR part 707, subpart B.
In addition, any persons who export or intend
to export methylene chloride are subject to the
export notification provisions of TSCA section
12(b) (15 U.S.C. 2611(b)), and must comply with
the export notification requirements in 40 CFR
part 707, subpart D.
What Happens if the Agency
Discovers a Violation?
Section 15 of TSCA makes it unlawful to fail or
refuse to comply with any provision of a rule
promulgated underTSCA section 6. Therefore,
any failure to comply with the final rule would
be a violation of section 15 of TSCA. In addition,
section 15 of TSCA makes it unlawful for any
person to: (1) Fail or refuse to establish or
maintain records as required by thefinal rule;
(2) fail or refuse to permit access to or copying
of records, as required by TSCA; or (3) fail or
refuse to permit entry or inspection as required
by section 11 of TSCA.
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Violators may be subject to both civil and
criminal liability. Underthe penalty provision
of section 16 of TSCA, any person who violates
section 15 could be subject to a civil penalty
foreach violation. Each day in violation of the
final rule could constitute a separate violation.
Knowing or willful violations could lead to the
imposition of criminal penalties for each day of
violation and imprisonment. In addition, other
remedies are available to EPA under TSCA.
Individuals, as well as corporations, could be
subject to enforcement actions. Sections 15
and 16 of TSCA apply to "any person" who
violates various provisions of TSCA. EPA may,
at its discretion, proceed against individuals
as well as companies. In particular, EPA may
proceed against individuals who report false
information or cause it to be reported.
For More Information
Additional information is available at https://
www.epa.gov/assessing-and-managing-
chemicals-under-tsca/risk-management-
methvlene-chloride. The regulations can be
found in the Federal Register (84 FR 11420,
March 27, 2019) at https://www.regulations.
gov/document?D=EPA FRDOC 0001-23648 or
at docket EPA-HQ-OPPT-2016-0231 at https://
www.regulations.gov.
Where Can I Go If I Have
Questions or Need Further
Assistance?
Please contact EPA's TSCA Hotline with
questions by telephone at (202) 554-1404,
by fax at (585) 232-3111 or by email at tsca-
hotline@epa.gov or McConsumerPr@epa.gov.
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Appendix
Acronym List
CFR	Code of Federal Regulations
FR	Federal Register
TSCA	Toxic Substances Control Act
CASRN	Chemical Abstracts Service Registry Number
EPA	U.S. Environmental Protection Agency
NAICS	North American Industrial Classification System
SDS	Safety Data Sheet
U.S.C.	U.S. Code
Glossary of Terms
Consumer paint and coating removal means
paint and coating removal performed by any
natural person who uses a paint and coating
removal product for any personal use without
receiving remuneration or other form of
payment.
Distribute in commerce has the same
meaning as in section 3 of TSCA, except that
the term does not include retailers for purposes
of 40 CFR parts 751.107 and 751.109. The
definition in TSCA section 3 of distribute in
commerce or distribution in commerce is: "to
sell, or the sale of, the substance, mixture, or
article in commerce; to introduce or deliver for
introduction in commerce, orthe introduction
or delivery for introduction into commerce of
the substance, mixture or article; or to hold,
orthe holding of, the substance, mixture, or
article after its introduction into commerce."
Paint and coating removal means application
of a chemical or use of another method to
remove, loosen, or deteriorate any paint,
varnish, lacquer, graffiti, surface protectants,
or other coating from a substrate, including
objects, vehicles, architectural features, or
structures.
Person means any natural person, firm,
company, corporation, joint venture,
partnership, sole proprietorship, association, or
any other business entity; any State or political
subdivision thereof; any municipality; any
interstate body; and any department, agency,
or instrumentality of the Federal government.
Retailer means a person who distributes in
commerce or makes available a chemical
substance or mixture to consumer end users,
including e-commerce internet sales or
distribution. Any distributor with at least one
consumer end user customer is considered a
retailer. A person who distributes in commerce
or makes available a chemical substance or
mixture solely to commercial or industrial end
users or solely to commercial orindustrial
businesses is not considered a retailer.
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