Compliance Guide
SEPA
A GUIDE TO COMPLYING WITH THE
2024 METHYLENE CHLORIDE
REGULATION UNDER THE TOXIC
SUBSTANCES CONTROL ACT (TSCA)
(RIN 2070-AK70)
Includes:
Includes Compliance Guidance on Prohibitions, Workplace Chemical
Protection Program (WCPP), and Other Requirements
U.S. Environmental Protection Agency
Document Number: 740S24001, JULY 2024
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A Guide to Complying with the 2024 Methylene Chloride Regulation under the Toxic Substances
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This guide includes small entity compliance guidance prepared pursuant to section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121 as amended by Pub. L. Number 110-28. The statutory
provisions and EPA regulations described in this document contain legally binding requirements. This document does
not substitute for those provisions or regulations, nor is it a regulation itself. Thus, this document does not, and is not
intended to, impose legally binding requirements on EPA or the regulated community, and may not apply to a particular
situation based upon the circumstances. 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 under Section 6(a) of the Toxic Substances Control Act (TSCA) and the implementing
regulations in 40 CFR Part 751. The EPA retains the discretion to adopt approaches on a case-by-case basis that differ
from this guide where appropriate. The EPA may decide to revise this guide without public notice to reflect changes in
the EPA's approach to regulating chemical substances generally or this chemical substance (methylene chloride)
under TSCA or to clarify information and update text.
To get help accessing technical resources on environmental regulations and compliance assistance information
contact the EPA's Small Business Ombudsman or visit the EPA's small business resources page. For information
specific to the methylene chloride regulation, consult the EPA's methylene chloride TSCA risk management website . A
fact sheet summarizing information from this guide is at https://www.epa.gov/svstem/files/documents/2024-07/mecl-
fact-sheet O.pdf.
The full text of the implementing regulation can be found at 40 CFR Part 751 and also in the Federal Register (89 FR
39254. May 8. 2024) and at docket EPA-HQ-OPPT-2020-0465 at https://www.regulations.gov.
FOR FURTHER INFORMATION: For methylene chloride technical information contact: email address:
MethyleneChlorideTSCA@epa.gov. For general information contact The TSCA-Hotline, ABVI-Goodwill, 422 South
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA-Hotline@epa.gov.
Reproduction of the manual
This manual may be reproduced, but if this manual is altered, it may not provide accurate information that owners or
operators need to comply with the requirements of the EPA's regulation of methylene chloride under TSCA. Additionally,
altering this guide may prevent potentially exposed persons from properly informing themselves of the protections required
by the EPA.
The EPA may issue additional guidance about the methylene chloride regulation and may amend the rule in the future.
Please check the EPA's methylene chloride website for further information and current amendments.
This manual, titled "A Guide to Complying with the 2024 Methylene Chloride Regulation under the Toxic Substances
Control Act (TSCA)," and other materials related to methylene chloride are available at https://www.epa.aov/assessing-
and-manaqinq-chemicals-under-tsca/risk-manaqement-methvlene-chloride.
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Table of Contents
IV:
Overview 1
A. Why is the information in this compliance
guide important? 1
B. Do you need to read this guide? 1
C. How is this compliance guide organized? ....2
D. Additional regulations 2
EPA's Regulation of Methylene Chloride
Under TSCA Section 6 3
A. What is methylene chloride? 3
B. What are the risks to health from
methylene chloride? 3
C. Why is the EPA regulating
methylene chloride? 3
D. How is the EPA regulating
methylene chloride? 3
Determining Your Responsibilities 4
A. Does this rule apply to you? 4
B. What is your role? 4
C. Are there uses of methylene chloride that
this rule does NOT apply to? 7
Workplace Chemical Protection Program
(WCPP) 8
A. What are the requirements of the WCPP?...8
B. What are the deadlines for meeting the
WCPP requirements? 9
C. What are the deadlines for meeting the
WCPP as a Federal Agency and contractors
of a Federal Agency? 10
D. What are the Occupational Exposure Limits
(OELs) under the WCPP? 11
E. What is a regulated area, and how is it
established? 15
F. What are the training requirements? 16
G. What is the exposure control plan? 16
H. When should respiratory protection and
personal protective equipment (PPE) be
used? 19
I. What are the additional components of
the WCPP? 20
J. How does this rule apply to use of methylene
chloride as a laboratory chemical? 21
V: Interim Workplace Protections for
Commercial Use of Methylene Chloride in
Furniture Refinishing 23
A. Timeframes 23
B. Interim Workplace Protections 23
VI: Prohibitions of Methylene Chloride 24
A. Overview of prohibitions of methylene
chloride 24
B. What conditions of use are prohibited? 24
C. How do I comply with prohibition
requirements? 24
D. What are the timeframes for the
prohibitions? 24
VII: Recordkeeping and Downstream
Notification 27
A. Recordkeeping: Overview and
requirements 27
B. Import certification and export notification. 27
C. Downstream notification 27
VIII: Violations for Non-Compliance 30
A. What if the EPA discovers a violation? 30
B. How does the EPA address violations by
small businesses? 30
Frequently Asked Questions (FAQs) 31
Appendix A: Abbreviation List and Glossary 33
Appendix B: Conditions of Use Descriptions 36
Appendix C: List of Potentially Affected Entities. 40
Appendix D: Fact Sheet 42
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I: Overview
A. Why is the information in this compliance
guide important?
The information in this guide can help you understand
and comply with new regulations from the U.S.
Environmental Protection Agency (EPA) for the
chemical substance, methylene chloride. Being aware
of and correctly following the methylene chloride
regulation will prevent injuries, long-term illness, and,
in some cases, death.
The EPA evaluates chemical substances under section
6(b) of the Toxic Substances Control Act (TSCA) to
determine whether the chemical substance presents
an unreasonable risk of injury to health or the
environment, without consideration of costs or non-risk
factors, including potentially exposed or susceptible
subpopulations, under the conditions of use. If the EPA
finds that a chemical substance presents an
unreasonable risk, the Agency then regulates the
chemical under section 6(a) of TSCA so that the
chemical no longer presents such risk.
The EPA issued Methylene Chloride: Regulation under
Section 6(a) of the Toxic Substances Control Act
(TSCA)1 on May 8, 2024, in the Federal Register. This
regulation went into effect on July 8, 2024, and
updated the Code of Federal Regulations at 40 CFR
Part 751, subpart B2. (This is also referred to
throughout this guide as the methylene chloride rule).
The EPA's regulation impacts all conditions of use of
methylene chloride subject to TSCA, and you could be
impacted if you manufacture, process, use, or dispose
of methylene chloride.
This guidance document provides information to help
you comply with the requirements of the methylene
chloride rule, it is important to note that it is a violation
of Federal law to manufacture (including import),
process, distribute in commerce, use, or dispose of
methylene chloride in a manner inconsistent with TSCA
and the methylene chloride rule. Violations of EPA
regulations may result in penalties and injunctive relief
(e.g., preventing certain actions) as appropriate.
Words or phrases that appear in bold red text
throughout this guide are defined in the
glossary in Appendix A. Other abbreviations
are also spelled out in the Abbreviations List.
This compliance guide:
Provides a short description of why the methylene
chloride rule is important (Unit II.A):
Helps you determine whether you need to comply
with the methylene chloride rule and what your
responsibilities may be (Unit III):
Gives you detailed information on how to comply
with the components of the regulation, including
prohibitions, the Workplace Chemical Protection
Program (WCPP), recordkeeping requirements,
downstream notifications, and other requirements
(Unit IV. Unit VIP:
Provides information on exemptions (FAQs):
Outlines the various timeframes for compliance
(Unit IV.B. Unit V.A. Unit VI.D. Unit VIP:
Explains how important definitions affect your
compliance responsibilities; and
Provides notes to help you better understand your
compliance responsibilities and how the rule
applies to you.
This compliance guide also includes special attention
throughout to the interests and needs of small
businesses.
B. Do you need to read this guide?
The EPA's risk management regulations under TSCA
section 6(a) apply to entities that manufacture
(including import), process, distribute in commerce,
use, or dispose of the chemical substance subject to
regulation. Note that under TSCA, the definition of
manufacture includes import (see ง 711.3).3
1 https://www.federalreqister.qov/documents/2024/05/08/2024-09606/methvlene-chloride-requlation-under-the-toxic-substances-
control-act-tsca
2 https://www.ecfr.gov/current/title-40/part-751/subpart-B
3 https://www.ecfr.gov/current/title-40/chapter-l/subchapter-R/part-711/section-711.3.
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For methylene chloride, the methylene chloride rule
applies to entities that manufacture (including import),
process, distribute in commerce, use, or dispose of
methylene chloride or products containing methylene
chloride. This includes facilities engaged in chemical
manufacturing, processing (including repackaging,
recycling, and formulating), distributing chemicals in
commerce (including by retailers and other entities),
commercial use and disposal of chemical substances
(see FAQs at the end). Please refer to Unit III:
Determining Your Responsibilities for more information.
Potentially exposed persons (such as workers and
others in the workplace) may want to refer to this guide
to understand what protections may be required in the
workplace under these regulations, and for awareness
of the unreasonable risks from methylene chloride that
the EPA has identified. This guide may also be
beneficial to consumers, community members, or
anyone else that may be affected by exposure to
chemical substances that the EPA has determined
present an unreasonable risk, including methylene
chloride. A list of potentially affected entities is in
Appendix C of this document. Note that this is not an
exhaustive list.
C. How is this compliance guide organized?
This guide covers the major provisions of the
methylene chloride rule (see 40 CFR Part 751, subpart
B).4 Depending on whether and for what purpose you
manufacture (including import), process, distribute in
commerce, use, or dispose of methylene chloride, you
may need to follow the EPA requirements for the
WCPP, prohibitions, recordkeeping and notification, or
a combination of requirements. Table 1 in Unit III.B.
describes which sections of the compliance guide you
may find most relevant based upon your use of the
chemical.
D. Additional regulations
In addition to applicable risk management regulations
for methylene chloride under TSCA section 6(a), other
Federal, state, or local statutes or regulations may also
be relevant to you. Some examples:
Occupational Safety and Health Administration
(OS HA)
Methylene chloride standard 1910.1052:
Hazard Communication 1910.1200: and
Occupational exposure to hazardous
chemicals in laboratories 1910.1450.
National Emission Standards for Hazardous Air
Pollutants (NESHAP) which include:
40 CFR Part 83. subpart F. Synthetic Organic
Chemical Manufacturing Industry:
40 CFR Part 63, subpart DP. Off-Site Waste
and Recovery Operations:
40 CFR Part 63, subpart WV. Publicly Owned
Treatment Works: and
40 CFR Part 63. subpart WWW. NESHAP
for Chemical Manufacturing Area Sources.
Comprehensive Environmental Response.
Compensation, and Liability Act.
Resource Conservation and Recovery Act (RCRA).
https://www.ecfr.qov/current/title-40/part-751/subpart-B
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II: EPA's Regulation of Methylene Chloride Under TSCA Section 6
This unit describes how and why the EPA is regulating
methylene chloride under section 6 of TSCA.
A. What is methylene chloride?
Methylene chloride - also called dichloromethane or
DCM - is a colorless liquid and a volatile chemical with
a sweet odor. As of the date of publication of the EPA's
regulation of methylene chloride in the Federal
Register (May 8. 2024), this solvent was used in a
variety of consumer and commercial applications
including adhesives and sealants, and automotive
products. Methylene chloride is both produced in and
imported into the United States and is distributed in
commerce, used, and disposed of as part of many
industrial and commercial conditions of use.
B, What are the risks to health from
methylene chloride?
The EPA identified non-cancer health risks from acute
and chronic inhalation and dermal exposures to
methylene chloride, and cancer health risks from
chronic inhalation and dermal exposures to methylene
chloride. The EPA identified neurotoxicity effects
(central nervous system) as the most sensitive
endpoint of the adverse effects from acute inhalation
and dermal exposures, and liver effects as the most
sensitive endpoint of the non-cancer adverse effects
from chronic inhalation and dermal exposures to
methylene chloride for all conditions of use.
Methylene chloride's hazards are well established.5
Some of the adverse effects from methylene chloride
exposure at high levels can be experienced
immediately upon exposure, such as dizziness, and
can result in sudden loss of consciousness or death.
Some adverse effects from chronic lower-level
exposures may result in long-term impacts including
cancer and liver damage. Fatalities from acute
methylene chloride exposures have been documented
and pose a serious health threat, particularly for
workers.
C. Why is the EPA regulating methylene chloride?
The EPA determined that methylene chloride presents
an unreasonable risk of injury to human health under
the conditions of use. This is based on a risk
evaluation for methylene chloride that the EPA issued
in 2020 pursuant to TSCA section 6(b).6 The details of
the EPA's unreasonable risk determination were
finalized in November 2022.7
D. How is the EPA regulating methylene chloride?
To address the unreasonable risk of injury to health from
methylene chloride, including to potentially exposed
persons (such as workers and others in the workplace),
consumers, and bystanders to consumer use, the EPA
issued the methylene chloride rule.8 Using its authority
under TSCA section 6(a), the EPA's regulation:
Prohibits the manufacture (including import),
processing, and distribution in commerce of
methylene chloride for all consumer use and most
industrial and commercial uses;
Requires a WCPP for 13 conditions of use of
methylene chloride:
Identifies a de minimis threshold of 0.1% for
products containing methylene chloride for the
prohibitions and restrictions on methylene chloride;
Requires recordkeeping and downstream
notification requirements for manufacturing
(including import), processing, and distribution in
commerce of methylene chloride; and
Provides a 10-year time-limited exemption under
TSCA section 6(g) for emergency use of methylene
chloride in furtherance of the National Aeronautics
and Space Administration's (NASA) mission for
specific conditions which are critical or essential
and for which no technically and economically
feasible safer alternative is available, taking into
consideration hazard and exposure with conditions
for this exemption to include compliance with the
WCPP.
More detail is in the methylene chloride rule, and
guidance for compliance is provided throughout this
document.
5 https://www.requlations.qov/document/EPA-HQ-OPPT-2016-0742-0120
6 https://www.requlations.qov/document/EPA-HQ-OPPT-2019-0437-0107
7 https://www.epa.gov/svstem/files/documents/2022-11/MC Final%20Revised%20RD 10.26.22-final%20%281%29.pdf
8 https://www.federalreqister.qov/documents/2024/05/08/2024-09606/methvlene-chloride-requlation-under-the-toxic-substances-
control-act-tsca
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I: Determining Your Responsibilities
This unit provides information to help you determine
your responsibilities under the final rule, which may
depend on your role and how you use methylene
chloride.
A. Does this rule apply to you?
You may be impacted by this rule if you manufacture
(including import), process, distribute in commerce, use,
or dispose of methylene chloride or products containing
methylene chloride. The EPA identified and assessed all
intended, known, and reasonably foreseen uses of
methylene chloride subject to TSCA, and determined
that all TSCA industrial, commercial, and consumer
uses of methylene chloride contribute to the
unreasonable risk of injury to health.
Table 1 shows how each condition of use is regulated.
For descriptions of each condition of use, see
Appendix B of this guide or Unit III.B.1 of the 2023
proposed methylene chloride rule.9
It is important to understand whether the EPA's rule
applies to you because you may have to cease certain
activities, comply with a WCPP, keep records, update
safety data sheets (SDSs), or complete other activities
to be in compliance with the rule and avoid potentially
significant non-compliance penalties.
B. What is your role?
Are you an owner, operator, or something else?
Owners or operators are persons responsible for
implementing the WCPP in any workplace that has
an applicable condition of use (see Table 1 below
and 40 CFR 751.109). The EPA has defined the
phrase "owner or operator" to include any person
who owns, leases, operates, controls, or supervises
a workplace covered within 40 CFR Part 751 (see
40 CFR 751.5), Owners or operators are
responsible for compliance with the WCPP, if
applicable, including ensuring that inhalation
exposures do not exceed the limit the EPA has
identified. Any provisions applying to the term
"employer" in OSHAs regulations10 apply equally to
any owner or operator for the regulated area.
While owners or operators remain responsible for
ensuring compliance, they may contract with others
to provide services required for compliance, such
as training or implementing a respiratory protection
program, for example.
The EPA has defined the phrase "potentially
exposed person" to mean any person who may be
exposed to a chemical substance (in this case
methylene chloride) in a workplace as a result of a
condition of use of that chemical substance or
mixture (see 40 CFR 751.5). This includes workers,
employees, independent contractors, employers,
and all other persons in the workplace where
methylene chloride is present.
The EPA has defined the word "retailer" to describe
any person or business entity that distributes or
makes available a chemical substance or mixture to
consumer end users, including through e-
commerce internet sales or distribution (see 40
CFR 751.5). Any distributor with at least one
consumer end user customer is 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 or
industrial businesses is not a retailer.
9 https://www.federalreqister.qov/docuinents/2023/05/03/2023-09184/methvlene-chloride-reaulation-under-the-toxic-substances-
control-act-tsca
10 OSHA regulations at 29 CFR 1910.132 (see https://www.osha.goV/laws-reqs/requlations/standardnumber/1910/1910.132). 29
CFR 1910.134 (see https://www.osha. qov/laws-reqs/requlations/standardnumber/1910/1910.1341 and 29 CFR 1910.1052 (see
https://www.osha.goV/laws-reqs/requlations/standardnumber/1910/1910.1052.
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Table 1 - Conditions of Use of Methylene Chloride and Relevant Units Within This Guide
Workplace Chemical Protection Program (WCPP)
Prohibition with Extended Timeframe
Prohibition
Green
(Red)
Conditions of Use of Methylene Chloride
Relevant
Units in
this Guide
Conditions of use of methylene chloride under TSCA that require WCPP (unless the downstream use is
prohibited):
Domestic manufacturing
Import for manufacturing
Processing as incorporation into formulation, mixture, or reaction product
Processing as a reactant
Processing as repackaging
Processing as recycling
Industrial and commercial use as a paint and coating remover from safety critical, corrosion-
sensitive components of aircraft and spacecraft
Industrial and commercial use as a solvent that becomes part of a formulation or mixture
Industrial and commercial use as a processing aid ]V, VJM
Industrial and commercial use as a laboratory chemical ]V, VIII
Industrial and commercial use for plastic and rubber products manufacturing
industrial or commercial use as a bonding agent for solvent welding
Disposal !Y, VN, m
Conditions of use of methylene chloride under TSCA with prohibitions with extended timeframes:
Commercial use in adhesives and sealants in aircraft, space vehicle, and turbine applications for
structural and safety critical non-structural applications
Commercial use in refinishing wood pieces of artistic, cultural, or historic value
All other known, intended, or reasonably foreseen uses of methylene chloride under
TSCA are prohibited including:
IV. VII. VIII
IV. VII. VIII
IV. VII. VIII
IV. VII. VIII
IV. VII. VIII
IV. VII. VIII
IV. VIII
VI.P.. VII.
VIII
VI.P.. VII.
VIII
Industrial
and
commercial
use
as solvent for batch vapor degreasing
VI. VIII
Industrial
and
commercial
use
as a solvent for in-line vapor degreasing
VI. VIII
Industrial
and
commercial
use
as a solvent for cold cleaning
VI. VIII
Industrial
and
commercial
use
as a solvent for aerosol spray degreaser/cleaner
VI. VIII
Industrial
and
commercial
use
in paints and coatings
VI. VIII
Industrial
and
commercial
use
in paint and coating removers
VI. VIII
Industrial
and
commercial
use
in adhesive and caulk removers
VI. VIII
Industrial
and
commercial
use
in metal aerosol and non-aerosol degreasers
VI. VIII
Industrial
and
commercial
use
in finishing products for fabric, textiles, and leather
VI. VIII
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Conditions of Use of Methylene Chloride
Industrial and commercial use in automotive care products:
Functional fluids for air conditioners
Interior car care
Degreasers
Consumer use as a solvent in aerosol degreasers/cleaners
Consumer use in adhesives and sealants
Consumer use in brush cleaners for paints and coatings
Consumer use in adhesive and caulk removers
Consumer use in metal degreasers
Consumer use in automotive care products:
Functional fluids for air conditioners
Degreasers
Consumer use in lubricants and greases
Consumer use in cold pipe insulation
Consumer use in arts, crafts, and hobby materials glue
Consumer use in an anti-spatter welding aerosol
Consumer use in carbon removers and other brush cleaners
Relevant
Units in
this Guide
VI, VIII
Industrial
and
commercial
use
in apparel and footwear care products
VI. VIII
Industrial
and
commercial
use
in spot removers for apparel and textiles
VI. VIII
Industrial
and
commercial
use
in liquid lubricants and greases
VI. VIII
Industrial
and
commercial
use
in spray lubricants and greases
VI. VIII
Industrial
and
commercial
use
in aerosol and non-aerosol degreasers and cleaners
VI. VIII
Industrial
and
commercial
use
in cold pipe insulations
VI. VIII
Industrial
and
commercial
use
as propellant and blowing agent
VI. VIII
Industrial
and
commercial
use
for electrical equipment, appliance, and component manufacturing
VI. VIII
Industrial
and
commercial
use
in cellulose triacetate film production
VI. VIII
Industrial
and
commercial
use
as anti-spatter welding aerosol
VI. VIII
Industrial
and
commercial
use
for oil and gas drilling, extraction, and support activities
VI. VIII
Industrial
and
commercial
use
for toys, playgrounds, and sporting equipment
VI. VIII
Industrial
and
commercial
use
in lithographic printing plate cleaner
VI. VIII
Industrial
and
commercial
use
in carbon remover, wood floor cleaner, and brush cleaner
VI. VIII
YLYli
YLYli
YLVN
YLYli
YLVN
vlvn
YLYli
vlvn
YLVN
VLVN
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C. Are there uses of methylene chloride that this
rule does NOT apply to?
The ERA'S rule includes a de minimis regulatory
threshold of 0.1%. Products that include methylene
chloride below 0.1% by weight are not subject to
the restrictions in this regulation.
The EPA's rule does not apply to any substance
excluded from the definition of "chemical
substance" under TSCA section 3(2)(B)(i) through
(vi). These exclusions include:
Any food, food additive, drug, cosmetic, or
device (as defined in section 201 of the
Federal Food. Drug, and Cosmetic Act)11
when manufactured, processed, or distributed
in commerce for use as a food, food additive,
drug, cosmetic, or device;
Any pesticide (as defined in the Federal
Insecticide. Fungicide, and Rodenticide Act)12
when manufactured, processed, or distributed
in commerce for use as a pesticide;
Tobacco or any tobacco product;
Any source material, special nuclear material,
or byproduct material (as defined in the Atomic
Energy Act of 1954 and subsequent
regulations issued under that Act); and
Any article, limited to shot shells, cartridges,
and components of shot shells and cartridges,
of which the sale is subject to the tax imposed
by section 4181 of the Internal Revenue Code
of 1954 (determined without regard to any
exemptions from such tax provided by section
4182 or 4221 or any other provision of such
Code) and any component of such an article.
11 https://www.fda.aov/reaulatorv-iriformation/laws-enforced-fda/federal-food-drua-and-cosmetic-act-fdc-act
12 https://www.epa.aov/laws-reaulations/summarv-federal-insecticide-fungicide-and-rodenticide-act
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IV: Workplace Chemical Protection Program (WCPP)
The WCPP is a program to protect potentially exposed
persons in the workplace and who are engaged in
conditions of use that are not prohibited. The WCPP
requirements include inhalation exposure limits, called
the EPA existing chemical exposure limit (ECEL)
and EPA short term exposure limit (EPA STEL) to
protect potentially exposed persons. Owners and
operators have flexibility in selecting what controls are
best for their facility when determining how to comply
with the WCPP.
The methylene chloride rule contains provisions as part
of the WCPP, including:
Exposure limits;
initial and periodic exposure monitoring;
Establishment of a regulated area;
Development and communication of an exposure
control plan;
Respirator selection criteria:
Recordkeeping; and
Downstream notification.
These provisions will ensure that potentially exposed
persons are protected in the workplace from methylene
chloride for uses that are continuing. For more
information about these risks, see Unit II.B this guide.
The following 13 conditions of use of methylene
chloride are subject to the WCPP requirements.
Unless listed here, the use of methylene chloride is
prohibited (see 40 CFR ง 751.107). Descriptions of
these conditions of use are in Appendix B.
Domestic manufacturing
Import
Processing as a reactant
Processing in incorporation into formulation,
mixture, or reaction product
Processing in repackaging
Processing in recycling
industrial and commercial use as a laboratory
chemical
Industrial and commercial use in paint and coating
removers for safety critical, corrosion-sensitive
components of aircraft and spacecraft
Industrial or commercial use as a bonding agent
for solvent welding
Industrial and commercial use as a processing aid
Industrial and commercial use for plastic and
rubber products manufacturing
Industrial and commercial use as a solvent that
becomes part of a formulation or mixture where the
formulation or mixture will be used inside a
manufacturing process and the solvent (methylene
chloride) will be reclaimed
Disposal
A. What are the requirements of the WCPP?
The EPA designed the WCPP to be recognizable to
those familiar with the OSHA methylene chloride
standard, although there are some important
differences (e.g., the occupational exposure limits
(OELs)).
The WCPP includes the following requirements, which
are discussed in more detail in subsequent sections of
this guide.
Occupational exposure limits - In some cases,
owners or operators must take certain actions
consistent with the hierarchy of controls to meet
the EPA occupational exposure limits. For
methylene chloride, the WCPP includes an EPA
ECEL, EPA short term exposure limit (EPA STEL),
and ECEL action level. The ECEL. and EPA STEL
identify the levels at or below which a potentially
exposed person will be protected against
unreasonable risk. The ECEL and EPA STEL are
similar to the OSHA permissible exposure limit and
STEL in that they are regulatory exposure limits,
although OSHA PELs do not protect against
unreasonable risk as defined under TSCA13. The
ECEL action level identifies a level at which certain
compliance activities would need to be taken (such
as exposure monitoring), and at what frequency.
The ECEL, EPA STEL, and ECEL action level are
described in more detail in Unit IV.D below.
13 For more information on EPA's consideration of OSHA standards, see Unit II.C of the methylene chloride proposed rule:
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Monitoring requirements - Workplace air
concentrations of methylene chloride must be
determined through personal breathing zone
samples and remain at or below the occupational
exposure limits. Personal breathing zone sampling
must be used to determine what actions are
necessary to mitigate exposure (see ง 751.109(d)).
Such actions can include implementing additional
feasible engineering and administrative controls,
or, until such feasible engineering and
administrative controls can be implemented,
donning the appropriate level of respiratory
protection and PPE, establishing the appropriate
frequency of periodic monitoring, and
recordkeeping.
Regulated area - Owners or operator must mark
areas where airborne concentrations of methylene
chloride exceed, or there is a reasonable possibility
they may exceed, the inhalation exposure limits
(see ง 751.5); these exposure limits are described
in more detail in Unit D below.
Exposure control plan - Owners or operators
must develop and implement an exposure control
plan that has several components, including the
identification of exposure controls, how the
hierarchy of controls is applied to reduce inhalation
exposures to a level that is at or below the ECEL
and EPA STEL, a description of exposure control
implementation, a description of the regulated
area(s) and authorized entry, a description of
measures to ensure effective controls, and
procedures for responding to any potential
changes that may introduce additional methylene
chloride exposure. See Unit G below for
information on the hierarchy of controls and the
exposure control plan.
B.
Respiratory Protection and Personal Protective
Equipment (PPE) - In some circumstances, as
determined by methylene chloride workplace air
concentrations, respiratory protection such as
respirators may be required to protect potentially
exposed persons. Chemically resistant gloves are
required where dermal exposure is possible, after
consideration of the hierarchy of controls (see
ง 751.109(g)). See more detail in Unit IV.H. of
this guide.
Training - Comprehensive training in an
understandable manner (i.e., plain language) is
required before initial job assignments (see
ง 751.109(h)). Depending on potential exposure,
training may also be required for respiratory
protection and/or PPE.
Additional requirements - These include
recordkeeping and notification to potentially
exposed persons of the results of workplace
exposure monitoring activities, exposure incidents,
and the steps taken or to be taken to protect
potentially exposed persons from exposure to
methylene chloride.
What are the deadlines for meeting the
WCPP requirements?
There are several key dates and legal deadlines for
owners and operators to comply with the provisions of
the WCPP. This section provides an overview of the
compliance dates for most users from the methylene
chloride rule,14 which explains these dates in detail.
See the diagram for more information on the following
compliance dates:
May 5, 2025 - Initial Monitoring
August 1, 2025 - Exposure Limits and
Dermal Protections
October 30, 2025 - Exposure Control Plan
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Compliance Timelines* for the
Workplace Chemical Protection Program
Initial Monitoring
Complete initial
monitoring.
Demarcate regulated
area within 3 months
of initial monitoring
data.
Provide respiratory
protection within 3
months of initial
monitoring data but
no later than 15
months after final
rule
Existing Facilities
Before May 5, 2025
(360 days after final
rule publication).
New Facilities
Within 30 days of
initiating use.
Exposure Limits
and Dermal
Protections
Ensure methylene
chloride inhalation
exposures do not
exceed the ECEL (2
ppm as an 8-hr TWA)
and EPASTEL (16
ppm as a 15-min
TWA) for all
potentially exposed
persons.
Provide respiratory
and/or dermal
protection if
applicable.
Existing Facilities
Before August 1,
2025 (450 days after
final rule publication).
New Facilities
Within 90 days of
initial exposure
monitoring.
Exposure
Control Plan
Develop and
implement an
exposure control
plan.
Notify potentially
exposed persons of
completion of
exposure control plan
within 30 days of its
completion.
Provide requested
records by a
potentially exposed
person within 15 days
of request.
Existing Facilities
Before October 30,
2025 (540 days after
final rule publication).
New Facilities
Update as necessary,
but at least every five
years.
Other Monitoring
Periodic Monitoring
Conduct at a
minimum every 5
years, but could
occur as frequently
as every 3 months,
dependent upon initial
monitoring results.
As Needed Monitoring
Conduct additional
monitoring after any
change that may
introduce additional
sources of methylene
chloride exposure or
result in a change in
exposure levels.
* Longer timeframes for Federal agencies and contractors acting for or on behalf of those agencies. See final rule for
details.
C. What are the deadlines for meeting the WCPP
as a Federal Agency and contractors of a
Federal Agency?
There are several key dates and legal deadlines for
compliance with the provisions of the WCPP specific to
Federal agencies and Federal contractors acting for or
on behalf of the Federal government. While Federal
agencies and Federal contractors have different
timelines for complying with certain requirements of the
WCPP, the contents of those requirements are the
same as those outlined in the previous section (IV.B).
For more information see, ง 751.109(d) and (e).
These dates are:
November 9, 2026 - Carry out initial monitoring
(for Federal agencies and Federal contractors
acting for or on behalf of the Federal government)
February 8, 2027 - Ensure that workplace
methylene chloride concentration levels are at or
below the ECEL and EPA STEL (for Federal
agencies and Federal contractors acting for or on
behalf of the Federal government)
May 10, 2027 - Develop and implement an
exposure control plan (for Federal agencies and
Federal contractors acting for or on behalf of the
Federal government)
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For the Department of Defense and Federal
contractors acting for or on behalf of the
Department of Defense, in the event that ongoing
or planned construction is necessary to implement
the feasible controls required by ง 751.109(e)(1 )(i)
such that no one is exposed above the ECEL or
EPA STEL, the deadline is May 7, 2029.
D. What are the Occupational Exposure Limits
(OELs) under the WCPP?
To protect potentially exposed persons from the
unreasonable risks from inhalation exposure to
methylene chloride in the workplace, the EPA has
established OELs for methylene chloride15 for 13
conditions of use. All other uses are prohibited.
Existing Chemical Exposure Limit (ECEL) and EPA
Action Level
An EPA ECEL is an 8-hour time-weighted average
(TWA) regulatory OEL. When implemented along
with other WCPP measures, unreasonable risk under
the conditions of use identified is no longer presented
at the air concentration level of the ECEL. For
methylene chloride, the ECEL is 2 ppm (8 mg/m3)
as an 8-hour TWA.
Implementation of the ECEL is supported by an ECEL
action level of 1 ppm (4 mg/m3, or half the ECEL) as
an 8-hour TWA. The ECEL action level is a trigger that
indicates whether certain compliance activities (e.g.,
periodic monitoring) are required.
EPA Short Term Exposure Limit (EPA STEL)
An EPA short-term exposure limit (EPA STEL) is a 15-
minute TWA regulatory OEL. The EPA STEL protects
potentially exposed persons from the unreasonable
risks associated with acute exposures. For methylene
chloride, the EPA STEL is 16 ppm (57 mg/m3) as a
15-minute TWA. Please note that, in calculating a
TWA concentration, the measured air concentrations of
a substance are averaged over the monitoring period.
Additional Information on Occupational
Exposure Limits
Owners and operators must develop and execute an
exposure control plan (see Unit IV.G and ง
751.109(e)(2)) to ensure that potentially exposed
persons are not exposed to methylene chloride
Example of How to Calculate a TWA
Both the ECEL and the EPA STEL are expressed as
time-weighted average (TWA) exposures. TWA
measurements account for variable exposure levels over
the course of a work shift, averaging periods of higher
and lower exposures. The TWA exposure for an 8-hour
work shift is computed using a simple formula:
TWA =
(CaTa + CbTb+. ฆ ฆ CnTn)
8
Where TWA is the time-weighted average exposure for
the work shift: C is the concentration during any period of
time (T) where the concentration remains constant; and T
is the duration in hours of the exposure at the
concentration (C).
For example, assume that an employee is subject to the
following exposure to methylene chloride:
Two hours exposure at 10mg/m3
Two hours exposure at 5mg/m3
Four hours exposure at 1,9mg/m3
Substituting this information in the formula:
TWA = 1;-lwฐaM-" = 4.7 mg/m3
Since 4.7 mg/m3 is more than 4 mg/m3, the action level
has been exceeded. However, as 4.7 mg/m3 is less than
8 mg/m3, the ECEL has not been exceeded.
See Unit IV.E. of this guide forthe monitoring
requirements once the TWA is calculated.
concentrations greater than the exposure limits
described in this guide and listed in 40 CFR 751.103
and 751.109 (c).
What are the monitoring requirements?
The WCPP includes monitoring requirements to ensure
that the ECEL and EPA STEL inhalation exposure
limits described above are not exceeded. The
requirements are:
Initial monitoring to establish a baseline of
exposure for potentially exposed persons
Periodic exposure monitoring to assure continued
compliance and protection from methylene chloride
exposure over time. The frequency of periodic
15 Exposure limits are generally expressed in parts of a chemical substance per million (ppm) as a concentration in air (as a volume
fraction) and calculated as a time-weighted average (TWA). A detailed discussion of how exposure limits for methylene chloride
were derived is in Unit IV.B.3. of the methylene chloride rule.
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monitoring is determined by the methylene chloride
levels measured during the initial monitoring and
then by successive monitoring activities
Additional monitoring, as needed
Notification of monitoring results
Recordkeeping of each monitoring event
An owner or operator may suspend, or pause,
monitoring if certain conditions are met and
documented, such as a temporary discontinued use of
methylene chloride; however, additional monitoring
may be required if workplace conditions change (e.g.,
changes in production volume), see Unit IV.BAe in the
methylene chloride rule.16
Initial Monitoring
Where methylene chloride is used in the workplace,
owners and operators must perform initial
monitoring to:
Establish a baseline of occupational inhalation
exposure for potentially exposed persons (highest
likely full shift exposures and 15-minute inhalation
exposures) (see ง 751.109(d)(1 )(ii))
Determine the need for new, revised, or additional
exposure controls (such as engineering controls,
administrative controls, and/or a respiratory
protection program)
Inform development of the exposure control plan
Determine the frequency of certain compliance
activities, such as periodic monitoring
How and when should initial monitoring occur?
The monitoring sample must be taken when and where
operating conditions are best representative of each
potentially exposed person's highest likely full shift and
15-minute exposures (see ง 751,109(d)(1)(H)). More
information is in "Sampling Requirements" below.
Initial monitoring must take place before May 5, 2025,
or within 30 days after introduction of methylene
chloride into the workplace, whichever is later (see ง
751.109(d)(2)).
Owners and operators must perform initial monitoring
and subsequent periodic monitoring to characterize
occupational exposures overtime (see ง 751.109(d)).
Owners and operators may forgo initial monitoring
requirements for a period of 5 years, provided that
either of the following conditions are met (see also ง
751.109(d)(2)ฎ and (ii)):
1. If the owner or operator provides objective data
generated during the last 5 years demonstrating
that methylene chloride is not released in the
workplace in airborne concentrations at or above
the ECEL action level and EPA STEL. The data
must represent the highest methylene chloride
exposures likely to occur under applicable
conditions of use (see also ง 751.109(d)(2)(i)).
Subsequent initial monitoring must occur within 5
years of the oldest sampling date or date of
creation of other objective data in the dataset (see
ง 751.109(d)(2)(i)), or
2. If potentially exposed persons are exposed to
methylene chloride for fewer than 30 days per
year, the owner or operator must provide
measurements taken by direct-metering devices
that give immediate results and provide sufficient
information regarding potentially exposed persons'
exposures to determine and implement the control
measures that are necessary to reduce exposures
to below the ECEL action level and EPA STEL (see
ง751.109(d)(2) (ii)).
What do I do with the results of the initial monitoring?
The results of the initial monitoring determine how
frequently periodic monitoring must occur (see ง
751.109(d)(3) and "Periodic Monitoring" and Table 3
below). Depending on representative exposures, the
owner or operator will have periodic monitoring
requirements that range from once every 5 years to
once every 3 months. See Unit VII of this guide for
more detail on recordkeeping requirements.
The initial monitoring results should also inform
occupational exposure controls and development of
the exposure control plan. For more details on the
exposure control plan, see section G below.
When should periodic monitoring occur?
The results of the initial monitoring determine the need
for and frequency of periodic monitoring (see Table 3).
Periodic monitoring must occur to ensure that
potentially exposed persons are not exposed to a
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level of methylene chloride that would result in
unreasonable risk.
Periodic monitoring must be repeated at least once
every 5 years (see ง 751.109(d)(3)). Monitoring
frequency may change depending on the most recent
results of periodic monitoring.
Table 3 summarizes the frequency for periodic
monitoring that must occur following initial or other
monitoring results. Table 4 summarizes conditions for
reducing the frequency of periodic monitoring.
Additional conditions that may require monitoring are
discussed in the "Additional Monitoring" section, below.
Table 3: Periodic Monitoring Requirements Based on Initial Exposure Monitoring Results
Air Concentration Condition
The initial exposure monitoring concentration is below
the ECEL action level and at or below the EPA STEL.17
(concentration < 1 ppm, 8-hr TWA; AND concentration <
16 ppm, 15-min TWA)
Periodic Monitoring Requirement
ECEL and EPA STEL periodic monitoring at least once
every 5 years.
The initial exposure monitoring concentration is below
the ECEL action level and above the EPA STEL.
(concentration < 1 ppm, 8-hr TWA; AND concentration >
16 ppm, 15-min TWA)
ECEL periodic monitoring at least once every 5
years AND EPA STEL periodic monitoring required
every 3 months.
The initial exposure monitoring concentration is at or
above the ECEL action level and at or below the ECEL;
and at or below the EPA STEL.
(1 ppm, 8-hr TWA < concentration < 2 ppm, 8-hr TWA;
AND concentration < 16 ppm, 15-min TWA)
The initial exposure monitoring concentration is at or
above the ECEL action level and at or below the ECEL;
and above the EPA STEL.
(1 ppm, 8-hr TWA < concentration < 2 ppm, 8-hr TWA;
AND concentration > 16 ppm, 15-min TWA)
ECEL monitoring every 6 months.
ECEL periodic monitoring every 6 months
AND EPA STEL periodic monitoring every 3 months.
The initial exposure monitoring concentration is above
the ECEL and below, at, or above the EPA STEL.
(concentration > 2 ppm, 8-hr TWA, regardless of
monitored concentration relative to 16 ppm, 15-min
TWA)
ECEL periodic monitoring every 3 months
AND EPA STEL periodic monitoring every 3 months.
* Initial ECEL and EPA STEL monitoring must be repeated at least every 5 years to reestablish current exposure
conditions and a new baseline to determine monitoring frequency.
a Additional scenarios in which monitoring may be required are discussed in "Additional Monitoring", below.
The requirements described in this table are listed in ง 751.109(d)(3)
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Table 4; Periodic Monitoring Requirements Based on Changes in Conditions
Changes in Conditions
Changes to Periodic Monitoring Requirement
If 2 consecutive monitoring events have taken place at
least 7 days apart that indicate that potential exposure
has decreased from above the ECEL to at or below the
ECEL, but at or above the ECEL action level.
Transition from ECEL periodic monitoring frequency
from every 3 months to every 6 months.
If 2 consecutive monitoring events have taken place at
least 7 days apart that indicate that potential exposure
has decreased to below the ECEL action level and at or
below the EPA STEL.
If the owner or operator engages in any of the
conditions of use for which WCPP is finalized and is
required to monitor either the ECEL or EPA STEL in a
3-month interval, but does not engage in any of those
conditions of use for the entirety of the 3-month
interval.
If the owner or operator engages in any of the
conditions of use for which WCPP is finalized and is
required to monitor the ECEL in a 6-month interval, but
does not engage in any of those conditions of use for
the entirety of the 6-month interval.
Transition from ECEL periodic monitoring frequency
every 6 months to once every 5 years. The second
consecutive monitoring event will delineate the new date
from which the next 5-year periodic exposure monitoring
must occur.
The owner or operator may forgo the upcoming periodic
monitoring event. However, documentation of cessation
of manufacture, processing, use, or disposal of
methylene chloride must be maintained, and initial
monitoring would be required when the owner or
operator resumes or starts any of the conditions of use
for which the WCPP is finalized.
The owner or operator may forgo the upcoming periodic
monitoring event. However, documentation of cessation
of manufacture, processing, use, or disposal of
methylene chloride must be maintained, and initial
monitoring would be required when the owner or
operator resumes or starts any of the conditions of use
for which the WCPP is finalized.
Additional scenarios in which monitoring may be required are discussed in in the "Additional Monitoring" section, below
Sampling Requirements
Any initial, periodic, or additional monitoring activities
related to the WCPP must meet the following
requirements (see ง 751.109.(d)(1)(i)(a) and (b); ง
751.109(d)(1 )(ii)(A), (B), and (C); and ง 751.109(d)(6)):
The sampling must reflect at minimum the required
accuracy of monitoring as described below.
Samples must be taken for every potentially
exposed person in the facility, or be taken so that
the personal breathing zone samples are
representative of potentially exposed persons
within a facility.
Samples must be taken when and where the
operating conditions are best representative of
each potentially exposed person's full-shift
exposures.
Potentially exposed persons must have an
opportunity to observe exposure monitoring
representative of their exposure.
Samples must be taken in the personal breathing
zone {PBZ) of the potentially exposed person or
representative. PBZ sampling measures and
documents either:
Each potentially exposed person's exposure;
or
A representative sample that reflects each
potentially exposed person's exposure (see ง
751.109(d)(1)(H)).
Note that there is a specific exception that
allows PBZ samples taken in one shift to apply
to other work shifts, provided that the owner or
operator can document the tasks and
conditions are similar across shifts in the
facility sampled (see ง 751,109(d)(1)(ii)(C)).
Sampling must measure workplace air
concentrations for methylene chloride (referred to
in the rule as ambient air), without taking
respiratory protections into account (ง
751.109(d)(2)).
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Sampling methods must be accurate to a
confidence level of 95% and within either of the
following ranges relative to the EPA exposure limits
as noted in ง 751.109(d)(2)(iii):
Within (plus or minus) 25% of airborne
concentrations of methylene chloride above
the ECEL or EPA STEL.
Within (plus or minus) 35% for airborne
concentrations of methylene chloride at or
above the ECEL action level but at or below
the 8-hour TWA ECEL.
While the EPA does not endorse any specific air
monitoring guidelines, ample guidance on sampling
considerations is available from NIOSH (NIOSH
General Considerations for Sampling Airborne
Contaminants [NMAM 5th edition]), OSHA (Method
1025), and other trusted industrial hygiene resources.
What are representative PBZ samples?
Personal Breathing Zone samples are considered
representative under the following two possible alternative
conditions:
1. ECEL - When one or more samples are taken for at
least one potentially exposed person in each job
classification in a work area during every shift, and the
sampled person is expected to have the highest
exposure.
2. EPA STEL - When one or more samples are taken
which indicate the highest likely 15-minute exposures
during such operations for at least one potentially
exposed person in each job classification in the work
area during every work shift, and the person sampled
is expected to have the highest methylene chloride
exposure.
Additional Monitoring
Additional exposure monitoring is required after any
change that may introduce additional sources of
methylene chloride exposure or otherwise result in
increased exposure to methylene chloride compared to
the most recent monitoring event (see ง 751,109(2)(i)).
Examples include changes in production, use rate,
process, control equipment, or work practices and
start-up, shutdown, or malfunction of facility equipment.
This additional exposure monitoring may affect the
frequency of periodic monitoring. The required
additional exposure monitoring should not delay
implementation of any necessary cleanup or other
remedial action to reduce the exposures to potentially
exposed persons. For additional information regarding
additional monitoring, see Unit IV.4.e of the methylene
chloride rule.
Notification of WCPP Monitoring Results
Owners and operators are required to inform
potentially exposed persons of monitoring results
within 15 working days after receipt of the results of
any exposure monitoring. Results should be shared
individually or publicly in writing in an appropriate and
accessible location outside of the regulated area, and
may need to be provided in multiple languages.
The notice of results must include the following (see ง
751.109(d)(5)):
The methylene chloride ECEL, action level, and
EPA STEL and significance of each in plain
language;
Exposure monitoring results;
Whether the airborne concentration of methylene
chloride exceeds the ECEL action level, ECEL, or
the EPA STEL;
Description of actions taken to reduce exposure
below the ECEL or EPA STEL, if exceeded;
Explanation of any required respiratory protection
provided;
Quantity, location, and manner of methylene
chloride use at the time of monitoring; and
Identified releases of methylene chloride.
E. What is a regulated area, and how is it
established?
A regulated area distinguishes places where airborne
concentrations of a specific chemical substance
exceed, or there is a reasonable possibility they may
exceed, the applicable ECEL or the EPA STEL (see ง
751.109(d)(5)(H)). It is established or marked by the
owner or operator as part of the WCPP.
Regulated areas must be established within 3 months
following receipt of initial monitoring data or by August
1,2025 (see ง 751.109(c)).
To establish a regulated area, owners and operators
must mark areas from the rest of the workplace in any
manner that adequately establishes and alerts
potentially exposed persons to the boundaries of the
area and minimizes the number of authorized persons
exposed to methylene chloride within the regulated
area (see ง 751.109(3)(iii)). Owners and operators
must consider both the ECEL and the EPA STEL.
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Marking the regulated area and alerting potentially
exposed persons to the boundaries of the area can be
accomplished through combinations of administrative
controls including highly visible signifiers, in multiple
languages as appropriate (e.g., when potentially
exposed persons who are primarily Spanish-speaking
are present, owners and operators should post
additional highly visible signifiers in Spanish), placed in
conspicuous areas.
Once the regulated area is established, there are
several requirements, including:
The owner or operator is required to restrict access
to the regulated area by any person that lacks
proper training, lacks personal protective
equipment, if required, oris otherwise
unauthorized to enter.
Owners and operators must provide respiratory
protection sufficient to reduce inhalation exposures
to below the ECEL or EPA STEL to all potentially
exposed persons in the regulated area either
within 3 months after receipt of the results of any
exposure monitoring OR within 15 months after the
date of publication of the final rule, by August 1,
2025 (see ง 751.109(f)).
F. What are the training requirements?
Trainings must be provided prior to a job assignment
and be presented in an understandable manner (i.e.,
plain language presentation based on languages
spoken by potentially exposed persons) to potentially
exposed persons that are allowed to enter the
regulated area. This training aligns with the employee
information and training component of the OSHA
methylene chloride standard (See 29 CFR
1910.1052(l)(1) through (6)). If PPE is relevant in the
regulated area, training consistent with the OSHA PPE
standard at 1910.132(f) must be provided. If respiratory
protection is required in the regulated area, training
consistent with OSHA's respiratory protection standard
1910.134(k) must be provided. For more information,
see ง 751.109(h).
G. What is the exposure control plan?
The methylene chloride rule requires owners and
operators to develop an exposure control plan as part
of the WCPP (see ง 751.109(e)). The exposure control
plan documents actions taken to mitigate occupational
exposures and comply with the WCPP. The plan may
be prepared as a stand-alone document or part of an
existing industrial hygiene program. Owners and
operators are encouraged to include potentially
exposed persons in the development of the exposure
control plan. Additionally, owners and operators may
use one exposure control plan for compliance with
multiple TSCA 6(a) regulations, so long as that
exposure control plan meets the requirements of each
individual chemical.
The exposure control plan must describe efforts that
will be taken to protect potentially exposed persons
through use of the hierarchy of controls (see ง
751.109(e)(2)(i)). The hierarchy of controls specifies
that owners and operators should first attempt
elimination, substitution, then engineering controls,
administrative controls, and work practices to manage
methylene chloride exposure to the extent feasible
prior to requiring use of PPE as a means of controlling
inhalation exposures. The hierarchy of controls is
detailed below and PPE is discussed in Unit IV.H.
In accordance with ง 751.109(e)(2)(i), the following
elements are required in an exposure control plan:
Identification of possible exposure control
measures and the rationale for using or not using
available exposure controls in the sequence
described by hierarchy of controls;
For the exposure controls not selected,
documentation of the efforts identifying why these
are not feasible, not effective, or otherwise not
implemented;
A description of actions the owner or operator must
take to implement exposure controls selected,
including proper installation, regular inspections,
maintenance, training, or other steps taken;
A description of regulated areas, how they are
marked, and persons authorized to enter the
regulated areas;
A description of activities conducted by the owner
or operator to review and update the exposure
control plan to ensure effectiveness of the
exposure controls, identify any necessary updates
to the exposure controls, and confirm that all
persons are properly implementing the exposure
controls; and
An explanation of the procedures for responding to
any change that may reasonably be expected to
introduce additional sources of exposure to
methylene chloride, or otherwise result in
increased exposure to methylene chloride,
including procedures for implementing corrective
actions to mitigate exposure to methylene chloride.
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In addition to the elements required to be in an
exposure control plan, owners and operators must
also do the following:
Maintain the effectiveness of any engineering
controls, administrative controls, or work practices
instituted as part of the exposure control plan;
Review and update the exposure control plan as
necessary, and at least every 5 years. Updates
should reflect any significant changes in the status
of the approach to compliance with the exposure
control requirements; and
Make the exposure control plan and associated
records available to potentially exposed persons
(see section below) and EPA enforcement as
requested.
The Hierarchy of Controls
The EPA requires that in the exposure control plan,
owners and operators look to the sequence of
exposure reductions in the hierarchy of controls to
identify possible exposure control measures, and to
provide a rationale for whether these measures have
been implemented.
For more information on the hierarchy of controls,
visit National Institute for Occupational Safety
and Health (NIOSH) website:
https://www.cdc.aov/niosh/topics/hierarchv/default.html.
The hierarchy of controls has five levels, ordered
based on general effectiveness. See diagram below,
used with permission from NIOSH18.
How does the exposure control plan work with
multiple chemicals?
At a facility that builds widgets, the owner or
operator of the facility maintains an inventory of
methylene chloride and a hypothetical Chemical
Z. Both chemicals are regulated by TSCA Section
6 rules and a WCPP is required for each,
including an exposure control plan. The required
elements on the exposure control plan for each
rule can be wrapped into an existing chemical
management program.
In this example, there are differences in the
exposure controls for each chemical as they are
used in different processes. For example, the
engineering control measures differ between the
two chemicals based on implementation
feasibility, and frequency of the exposure.
However, there are similarities shared across the
two chemicals; for example, respiratory protection
is not required in a regulated area where both
chemicals are used because the engineering
controls keeps inhalation exposures below the
ECEL for both chemicals.
While the owner/operator has drawn different
conclusions based on the exposure profile and
available controls, potentially exposed persons
will be able to review the rationales for the two
chemicals together in the context of one chemical
management program.
https://www.cdc.gov/niosh/topics/hierarchv/default.html
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Mtttt
effective
Hierarchy of Controls
Elimination
Physically remove
(he hazard
Substitution
I Replace
the hazard
Engineering
Controls
Isolate people
from the hazard
Least
effective
Change the way
people work
Protect the worker with
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#WJH./'VrซVM"4r งฃ*
For methylene chloride, owners and operators must
follow the hierarchy of controls, and should consider
the following examples:
Elimination - Remove methylene chloride at the
source. This could include changing the work
process to stop using methylene chloride.
Elimination is the preferred solution to protect
potentially exposed persons because no exposure
can occur.
Substitution - Use a safer alternative to
methylene chloride. When considering a substitute,
compare the potential risks of the substitute to
those of methylene chloride. This review should
consider how the substitute will combine with other
agents in the workplace. Effective substitutes
reduce the potential for harmful effects and do not
create new risks. The EPA recommends careful
review of the available information on potential
substitutes (including the Alternatives
Assessment19 that accompanies the methylene
chloride rule) to avoid a substitute chemical that
might later be found to present unreasonable risks
or be subject to regulation (sometimes referred to
as a "regrettable substitution").
Engineering controls - Engineering controls can
include modifying equipment or the workspace,
using local exhaust ventilation, protective barriers,
and more to remove or prevent methylene chloride
exposure. Effective engineering controls:
Remove or block methylene chloride at the
source before it comes into contact with the
worker;
Prevent users from modifying or interfering
with the engineering control itself;
Need minimal user input; and
Operate correctly without interfering with the
work process or making it more difficult.
Administrative controls/Work practices -
Establish work practices that reduce the duration,
frequency, or intensity of methylene chloride
exposure. This may include work process training,
ensuring adequate rest breaks, or limiting access
to areas where methylene chloride exposure may
be possible. Establishment of a regulated area is
an administrative control. However, though it may
be appropriate in other circumstances, owners and
operators may not use rotating work schedules to
comply with the methylene chloride ECEL 8-hour
TWA (see ง 751,109(e)(2)(ii)(A)).
19 Alternatives Assessment for Methylene Chloride; Rulemaking under TSCA section 6(a):
https://www.requlations.qov/document/EPA-l-IQ-OPPT-2020-0465-0178
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Personal protective equipment (PPE) - PPE is
equipment worn to reduce or minimize exposure to
hazards. Examples of PPE include gloves, safety
glasses, and respirators. PPE use should be
accompanied by a PPE program, which includes
such elements as PPE selection and use training,
PPE inspection and replacement schedules, and
effectiveness monitoring. Owners and operators
should not rely on PPE alone to control hazards
when other effective control options are available.
See more information in "Respiratory Protection
and PPE" in Unit IV. I of this guide.
Who needs to know about the exposure control plan?
Owners and operators must make the exposure control
plan and its related records (e.g., exposure monitoring,
respiratory protection program implementation, dermal
protection program implementation) available to
potentially exposed persons. The exposure control plan
must be reviewed and updated as necessary, and at
least every 5 years, to reflect any significant changes in
the status of the owner or operator's approach to
compliance, in accordance with ง 751.109(e)(2)(ii)(C).
Owners and operators must make available this
information (e.g. the exposure control plan and
monitoring information) plus additional records to EPA
for enforcement purposes upon request.
Owners and operators must notify potentially exposed
persons within 30 days of the date of the exposure
control plan's completion and after any subsequent
updates, and at least annually thereafter in accordance
with ง 751.109(e)(2)(iii)(B). Upon request by the
potentially exposed person, the owner or operator must
provide the requested records within 15 days. If the
owner or operator is not able to provide the requested
records within 15 days, they must notify the potentially
exposed person within those 15 days explaining the
reason for the delay and providing the earliest date
when the record(s) can be made available, in
accordance with ง 751.109(e)(2)(iii)(C).
H. When should respiratory protection and
personal protective equipment (PPE) be used?
Respiratory protection or PPE should be used where
the feasible elimination, substitution, engineering, and
administrative controls do not reduce exposures below
the ECEL or EPA STEL. In accordance with the
hierarchy of controls, the EPA requires that owners and
operators implementing the WCPP use elimination,
substitution, engineering controls, administrative
controls, and work practices prior to turning to
respiratory protection (i.e., respirators) as a means of
reducing inhalation exposures below the EPA's ECEL
or STEL, see also IV.B.5 in the methylene chloride
rule.20 Respiratory protection or PPE is meant to
supplement other efforts to manage exposure, as
described in the previous section. Use the following
information to select the appropriate respiratory
protection or PPE in tandem with other efforts to
control exposure.
Respiratory Protection
Owner/operators must institute engineering, work
practice, and administrative controls and maintain their
effectiveness to reduce employee exposure to or below
the ECEL. If respiratory protection is needed,
supplied-air respirators must be used for
methylene chloride. This rule does NOT permit the
use of air-purifying respirators due to the short service
life of chemical cartridges when used for methylene
chloride exposure. For more information, see
ง 751.109(f)(2) and OSHA 1910.134(a),
The respiratory protection measures are based on the
measured concentration of methylene chloride, as part
of the initial monitoring, periodic monitoring, or other
additional monitoring. Table 5 (based on ง
751.109(f)(2)) summarizes the requirements for
respiratory protection.
Dermal Protection
Owners and operators must provide chemically
resistant gloves and training on proper glove use to
potential exposed persons for tasks where dermal
exposure may occur (see ง 751.109(g)). Training
should include glove selection (type, material),
expected duration of glove effectiveness, actions to
take when glove integrity is compromised, storage
requirements, procedure for glove removal and
disposal, and chemical hazards. This specific activity
training must be for tasks where dermal exposure can
be expected to occur. For more information, see
ง 751.109(g) and OSHA 1910.132(f).
20 https://wvwv.federalreaister.aov/documents/2024/05/08/2024-09606/methvlene-chloride-reaulation-under-the-toxic-substances-
control-act-tsca
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Table 5: Respiratory Protection Conditions and Requirements
Concentration Condition
Minimum Required Respirator Protection: Respirators Must
Be NIOSH Approvedฎ
At or below the ECEL and EPA STEL
No respirator required
Above ECEL (2 ppm) and less than or
equal to 50 ppm (25 times the ECEL)
Any Supplied-Air Respirator (SAR) or airline respirator in a
continuous-flow mode equipped with a loose-fitting facepiece or
helmet/hood (assigned protection factor (APF) 25)
Above 50 ppm and less than or equal to
100 ppm (50 times the ECEL)
Either:
Any SAR or airline respirator in a demand mode equipped with a
full facepiece (APF 50); or
Any Self-Contained Breathing Apparatus (SCBA) in demand-
mode equipped with a full facepiece or helmet/hood (APF 50).
Unknown concentration or at any value
above 100 ppm and up to 2,000 ppm
(1,000 times the ECEL)
One of:
Any SAR or Airline Respirator in a continuous-flow mode
equipped with a full facepiece or certified helmet/hood (APF
1,000); or
Any SAR or Airline Respirator in pressure-demand or other
positive-pressure mode equipped with a fuli facepiece (APF
1,000); or
Any SCBA in a pressure-demand or other positive-pressure
mode equipped with a full facepiece or certified helmet/hood
(APF 10,000).
I. What are the additional components of
the WCPP?
Workplace Protection
The EPA encourages owners and operators to consult
with potentially exposed persons when developing the
exposure control plan and any necessary PPE
program. The EPA requires owners/operators to
provide potentially exposed persons regular access to
the following:
Exposure control plans;
Exposure monitoring records; and
Dermal and respiratory PPE program
implementation (such as fit-testing and other
requirements).
Keep in mind that owners and operators must inform
potentially exposed persons of monitoring results
within 15 working days (see "Notification of WCPP
Monitoring Results" above and ง 751.109(d)(5)).
WCPP Recordkeeping
Records are an important component of demonstrating
compliance with the WCPP provisions. Owners and
operators must retain compliance records for 5 years,
and they must be available upon request for
inspection. Records may be kept in the most
convenient form for the owner or operator (electronic or
paper). For additional information on WCPP
recordkeeping see Unit IV.E.1 in the methylene
chloride rule.21
21 https://www.federalreaister.aov/documents/2024/05/08/2024-09606/methvlene-chloride-reaulation-under-the-toxic-substances-
control-act-tsca
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For each monitoring event, the EPA requires that the
owner or operator record the following information
(similar to OSHA under 29 CFR 1910.1052(m)(2)(ii)):
Sampling date(s);
Operations involving exposure;
Sampling and analytical methods;
Number of samples, durations, and results of each
sample;
Type of respirator and PPE worn (if any);
Exposed employees' names, work shifts, and job
classifications; and
Exposure of all the potentially exposed persons
represented by monitoring, indicating which
potentially exposed persons were actually
monitored.
The EPA also requires documentation of the following
information whenever monitoring for the WCPP is
required (see ง 751.113(d));
All measurements of the conditions that may affect
the monitoring results (such as temperatures,
humidity, ventilation rates, monitoring equipment
type, and calibration dates);
All other potentially exposed persons whose
exposure is intended to be represented by the
sampling;
Use of established analytical methods with
appropriate limits of detection and accuracy to
demonstrate compliance with initial and periodic
monitoring requirements;
Compliance with the Good Laboratory Practice
Standards at 40 CFR Part 792 (see
https://www.ecfr.gov/current/title-40/chapter-
l/subchapter-R/part-792) or any accredited lab
including AIHA (e.g., AIHA LAP, LLC Policy Module
2A/B/E of Revision 17.3), or other analogous
industry-recognized program; and
Information regarding air monitoring equipment,
including type, maintenance, calibrations,
performance tests, limits of detection, and any
malfunctions.
J. How does this rule apply to use of methylene
chloride as a laboratory chemical?
The methylene chloride rule specifies that industrial
and commercial use of methylene chloride as a
laboratory chemical will continue with strict protections
under the WCPP (see ง 751.109 or Unit IV.A.1 of the
final rule).
This includes the use of methylene chloride in a
laboratory process or in specialized laboratory
equipment for instrument calibration and maintenance,
chemical analysis, chemical synthesis, extracting and
purifying other chemicals, dissolving other substances,
executing research, development, test and evaluation
methods, and similar activities, such as use as a
solvent, reagent, analytical standard, or other
experimental use. This also includes the use of
methylene chloride in EPA analytical methods.
Who does this apply to?
For the purposes of the methylene chloride rule, the
EPA emphasizes that industrial and commercial use of
methylene chloride as a laboratory chemical applies to
research, government, and academic institutions, as
well as to industrial and commercial laboratories.
Laboratory use of methylene chloride includes
Department of Defense sampling, examining, and
testing of solid propellants, detail specifications of
nitrocellulose, and laboratory analysis for TNT
conformity with TNT acidity requirements.
What requirements must laboratories follow under the
methylene chloride rule?
The industrial and commercial use of methylene
chloride as a laboratory chemical is subject to the
WCPP, as noted in Unit IV of this guide.
Use of methylene chloride that meets the criteria
above, regardless of scale or volume, is regulated by
the WCPP. The WCPP includes two occupational
exposure limits to address unreasonable risk from
methylene chloride, and ancillary requirements to
support those limits, including initial and periodic
monitoring, a requirement to reduce exposures to the
extent feasible according to the NIOSH hierarchy of
controls, and PPE guidance to address remaining risks
above the occupational exposure limits. For more
information, see Unit IV of this guide, orง 751.109 or
Unit IV.A.1 of the methylene chloride rule.
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How can current practices in laboratories aid with
complying with the methylene chloride rule?
Laboratories may be required to be in compliance with
the OSHA chemical-specific methylene chloride
standard 29 CFR 1910.1052 and the OSHA laboratory
standard at 29 CFR 1910.1450. The EPA's methylene
chloride rule does not modify those requirements. EPA
has confidence that a properly designed and
functioning fume hood are key measures to mitigate
occupational exposure to methylene chloride in
laboratories (see 88 FR 28284 and FRL-8155-02-
OCSPP). The measures in the WCPP will address the
unreasonable risk identified by EPA from methylene
chloride laboratory use.
Owners and operators of laboratories must conduct
initial monitoring to demonstrate the extent to which
fume hoods mitigate exposure to methylene chloride,
and follow appropriate periodic monitoring based on
that result. This monitoring could occur as infrequently
as every 5 years if monitoring is below the action level.
An institution's existing Chemical Hygiene Plan may be
augmented to include the details needed for the
methylene chloride WCPP exposure control plan. In
the event that it is not feasible to mitigate occupational
exposure below the ECEL value through exposure
controls and work practices, laboratories must consider
personal protective equipment such as respiratory
protection to mitigate worker exposure to methylene
chloride.
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V: Interim Workplace Protections for Commercial Use of
Methylene Chloride in Furniture Refinishing
The EPA acknowledges that for particular
circumstances, there is no technically or economically
feasible, safer alternative to methylene chloride
currently available. Therefore, to provide a reasonable
and appropriate transition period, (consistent with
TSCA sections 6(c)(2)(C) and 6(d)(1)(E)), the EPA has
provided an extended timeframe before prohibition on
commercial use of methylene chloride specifically for
removing coatings from wooden furniture and other
items that are of artistic, historic, or cultural
significance. Prohibition on this use of methylene
chloride will occur 5 years from publication of the final
rule, or May 8, 2029. Until that time, to reduce worker
exposure, the EPA requires owners and operators to
establish specific workplace controls for this use (see ง
751.117). These interim requirements under 751.117
are separate and distinct from the Workplace Chemical
Protection Program (WCPP) regulations.
A. Timeframes
Anyone using methylene chloride for this specific type
of coating removal must establish workplace
protections by July 8, 2024, in accordance with ง
751.117. These interim workplace protections will be in
place for 5 years, or until May 8, 2029. After May 8,
2029, manufacturing (including import), processing,
distributing, or commercial use of methylene chloride
for this use is prohibited.
The EPA emphasizes that the delay on the
prohibition of commercial use of methylene
chloride for this specific use is limited to
removing coatings from wooden furniture and
other wooden items that are of artistic, historic,
or cultural significance. The EPA has prohibited
commercial use of methylene chloride for all
other paint and coating removal. See Unit VI for
more details, and ง 751.117).
B. Interim Workplace Protections
Instead of the WCPP, some conditions of use include
interim workplace protections to reduce worker
exposures. During the industrial and commercial use of
methylene chloride (i.e., including any methylene
chloride-containing products) for the refinishing of
wooden furniture, decorative pieces, and architectural
fixtures of artistic, cultural, or historic value, all persons
must, in accordance with ง 751.117:
Establish a regulated area including initial
monitoring in accordance with ง 751.109(c)(3);
Use local exhaust ventilation, both bringing air in
from outside and pulling methylene chloride vapors
away from the potentially exposed person;
Provide NIOSH Approvedฎ minimum respiratory
protection:
Use any SAR or airline respirator in a demand
mode equipped with a full facepiece (APF 50)
or any SCBA in demand-mode equipped with a
full facepiece or helmet/hood (APF 50); or
Use the appropriate air-supplied respirator
based on initial monitoring as identified in ง
751.109 (f)(2); and
Comply with the recordkeeping requirements in ง
751.113(g).
Note that methylene chloride vapors are heavier than
air and naturally descend under normal conditions.
Local exhaust ventilation placed underneath a
workstation (such as a flow-over tray) that pulls
methylene chloride vapors dov/n and away from the
tray assists this natural tendency, thus mitigating
methylene chloride vapors from reaching the user's
personal breathing zone. Local exhaust systems
pulling methylene chloride vapors away from workers
must prevent methylene chloride vapors from entering
or crossing a potentially exposed person's personal
breathing zone (see ง 751.117).
In the preamble, EPA provided additional context for
"bringing air in from outside" - referring to bringing air
in from outside of the workspace, consistent with the
ventilation delivering air from outside of the regulated
area.
Use only air-supplied respirators with methylene
chloride; other types of respirators (e.g., air-
purifying respirators or cartridge respirators) will
not protect you. See more in "Respiratory
Protection" in Unit IV.I of this guide.
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VI: Prohibitions of Methylene Chloride
A. Overview of prohibitions of methylene
chloride
This section provides guidance on the prohibitions that
the EPA has put into place to address unreasonable
risks from consumer and commercial use of methylene
chloride. The EPA prohibits manufacturing (including
importing), processing, or distributing in commerce of
methylene chloride for all consumer and most industrial
and commercial uses. The requirements for small
entities are the same as for other entities.
B, What conditions of use are prohibited?
Although some conditions of use can continue (see
Units IV and most conditions of use of methylene
chloride are prohibited, including, but not limited to:
Aerosol and vapor degreasing;
Paint, coating, adhesive, and caulk removers;
Cold cleaning or degreasing;
Use in lubricants, greases, and paints;
Use as a propellant and blowing agent; and
The upstream manufacture, processing, and
distribution in commerce of methylene chloride for
those uses.
All conditions of use of methylene chloride other than
those listed in ง 751.105 (see also Unit IV) are
prohibited.
C. How do I comply with prohibition
requirements?
if you are a manufacturer (including importer),
processor, or distributor in commerce of methylene
chloride or methylene chloride-containing products,
you should ensure compliance with the relevant
prohibitions before the dates listed below by, for
example, discontinuing or reformulating any such
products or ceasing to make such products available to
consumers (see the FAQs for more information). The
EPA recognizes that this requirement could result in
stranded products and some additional cost for
disposal of such products.
Requirements for recordkeeping and downstream
notification may also be relevant for you. Please see
Unit VII for more details.
D. What are the timeframes for the prohibitions?
The final rule imposes prohibitions in a staggered
timeframe, beginning at the top of the supply chain.
See Table 2 (on the next page) for more information.
There are some conditions of use with prohibitions with
extended timeframes in recognition of the challenging
and particular circumstances faced by furniture
refinishers engaged in restoring and removing coatings
from wooden pieces of artistic, cultural, or historic
value and those using methylene chloride in sealants
and adhesives in the aerospace and defense sector.
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Table 2: Prohibition Timeframe Requirements3
Prohibition on distributing to retaiiers
Distributors After February 3, 2025, all persons are prohibited from distributing
in commerce (including making available) methylene chloride,
including any methylene chloride-containing products, to retailers
for any use. In other words, distributors cannot sell methylene
chloride products to any retailers after February 3, 2025. See Unit
JV and ง 751.107(b)(1).
Prohibition on distributing by retailers
Compliance Date
February 3, 2025
Retailers
After May 5, 2025, all retailers are prohibited from distributing in
commerce (including making available) methylene chloride,
including any methylene chloride-containing products, for any use.
This means that retailers cannot distribute methylene chloride
products to any customer, including to commercial users, after May
5, 2025. See Unit. IV and ง 751.107(b)(2).
May 5, 2025
Prohibition on manufacturing
Manufacturers After May 5, 2025, all persons are prohibited from manufacturing
(including (including import) methylene chloride except for conditions of use
importers) that will continue under the WCPP (see Unit IV and
ง 751.107(b)(3)).
Prohibition on processing
May 5, 2025
Processors After August 1, 2025, all persons are prohibited from processing
methylene chloride, including any methylene chloride-containing
products, except for conditions of use that will continue under the
WCPP (see UninV and ง751.107(b)(4)).
August 1, 2025
Prohibition on all distributors other than retailers
Distributors After January 28, 2026, all persons are prohibited from distributing
in commerce (including making available) methylene chloride,
including any methylene chloride-containing products, except for
conditions of use that will continue under the WCPP (see Unit IV
and ง751.107(b)(5)).
January 28, 2026
Prohibition on industrial and commercial use
Industrial and After April 28, 2026, all persons are prohibited from industrial or
commercial commercial use of methylene chloride, including any methylene
users chloride containing products, except for conditions of use that will
continue under the WCPP (see Unit IV and ง 751.107(b)(6)).
April 28, 2026
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Compliance Date
Prohibition with extended timeframe on industrial and commercial use for paint and coating removal for
refinishing of wooden furniture, decorative pieces, and architectural fixtures of artistic, cultural, or
historic significance
Manufacturers
(including
importers),
processors,
distributors, and
commercial
users
After May 8, 2029, all persons are prohibited from manufacturing
(including import), processing, distribution in commerce, or use of
methylene chloride, including any methylene chloride containing
products, for industrial or commercial use for paint and coating
removal for refinishing of wooden furniture, decorative pieces, and
architectural fixtures of artistic, cultural, or historic significance, with
interim requirements. See Unit IV and ง 751.107(b)(8) for more
details.
May 8, 2029
Prohibition with extended timeframe on industrial or commercial use for adhesives and sealants in aircraft,
space vehicle, and turbine applications for structural and safety critical non-structural applications
Manufacturers
(including
importers),
processors,
distributors, and
commercial
users
After May 8, 2029, all persons are prohibited from manufacturing
(including import), processing, distribution in commerce, or use of
methylene chloride, including any methylene chloride-containing
products, for industrial or commercial use for adhesives and
sealants in aircraft, space vehicle, and turbine applications for
structural and safety critical non-structural applications. See Unit IV
and ง 751.107(b)(9) for more details.
May 8, 2029
a There is an additional prohibition with extended timeframe for industrial or commercial use of methylene chloride in an emergency
by NASA or its contractors. Details on this prohibition with extended timeframe are outside the scope of this guide. See Unit IV.F. of
the final rule (see https;//www.federalreaister.aov/documents/2024/05/08/2024-09606/methvlene~chloride-reaulation-under-the-
toxic-substances-control-act-tsca) for more information.
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VII: Recordkeeping and Downstream Notification
A. Recordkeeping: Overview and requirements
If you manufacture (including import), process,
distribute, or use methylene chloride, there are
requirements for recordkeeping regarding methylene
chloride. These are in addition to any WCPP
recordkeeping you must maintain, which is described
earlier.
Owners and operators are required to maintain
ordinary business records that demonstrate
compliance with the EPA's regulation of methylene
chloride under TSCA. These records are necessary to
demonstrate that methylene chloride is being
manufactured, processed, distributed, used, or
disposed of only in compliance with the restrictions of
the methylene chloride rule.
These records must be maintained for 5 years from the
date of the record's creation (see ง 751.113(h)). This
requirement begins at the effective date of the EPA's
methylene chloride rule on July 8, 2024.
Examples of ordinary business records:
Bills-of-lading
Invoices
Receipts
Note that this requirement expands the recordkeeping
requirements promulgated in the EPA's 2019
methylene chloride rule on consumer paint and coating
removal previously at https://www.ecfr.gov/current/title-
40/chapter-l/subchapter-R/part-751#subpart-B.22
B. Import certification and export notification
Persons who import methylene chloride in bulk form, or
as part of a mixture, are subject to TSCA section 13
import certification requirements and the corresponding
regulations at 19 CFR 12.118 through 12.127:23 see
also 19 CFR 127.28.
Those persons must certify that the shipment of
methylene chloride complies with all applicable rules
and orders under TSCA. The EPA policy in support of
import certification appears at 40 CFR Part 707,
subpart B.24 in addition, any persons who export or
intend to export a chemical substance that is the
subject of this final rule 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.25
C. Downstream notification
For conditions of use that are not prohibited under the
methylene chloride rule, the EPA requires that
manufacturers (including importers), processors, and
distributors, excluding retailers, of methylene chloride
and methylene chloride-containing products provide
downstream notification of certain prohibitions by
updating language in SDSs.
Why is downstream notification important?
Downstream notification informs processors,
distributors, and users of the restrictions on methylene
chloride under TSCA. This ensures that essential
information on regulatory requirements is available
throughout the supply chain and provides information
to commercial end-users about allowable uses of
methylene chloride. This helps prevent continuation of
prohibited uses of methylene chloride.
What do I have to do?
For downstream notification, any product containing
methylene chloride must add the text below (see box)
to two places in the product SDS (to section 1(c) and
section 15), This text describes the restrictions in the
rule and must be provided in writing prior to or with the
shipment of the methylene chloride (see ง 751.111).
If you manufacture (including import), process, or
distribute in commerce methylene chloride, for any
use, you must update relevant SDSs by October 7,
2024, for manufacturers and December 4, 2024, for
processor and distributors.
22 https://www.ecfr.qov/current/title-40/chapter-l/subchapter-R/part-751 #subpart-B
23 https://www.ecfr.gov/current/title-19/chapter-l/part-12
24 https://www.ecfr.aov/current/title-40/chapter-l/subchapter-R/part-707/subpart-B
25 https://www.ecfr.qov/current/title-40/chapter-l/subchapter-R/part-707/subpart-D
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Note: Products that include methylene chloride below 0.1% by weight are not subject to the restrictions and
prohibitions outlined in this regulation (see ง 751.101(b)).
What are Safety Data Sheets (SDSs)?
Safety Data Sheets (SDSs) are required under OSHA's Hazard Communication Standard (HCS) (29 CFR
1910.1200(g)). They include information about the chemical's properties; the physical, health, and
environmental health hazards; protective measures; and safety precautions for handling, storing, and
transporting the chemical. For more detailed information on SDSs, visit OSHA's HCS SDS page (see
https://www.osha.gov/publications/osha3514.html).
Downstream notification must occur by inserting the following text in the SDS
provided with the methylene chloride or any product containing methylene chloride.
Updates must be made to section 1(c) and section 15 of the SDS:
After February 3, 2025, this chemical substance (as defined in TSCA section 3(2))/product cannot be
distributed in commerce to retailers. After January 28, 2026, this chemical substance (as defined in TSCA
section 3(2))/product is and can only be distributed in commerce or processed with a concentration of
methylene chloride equal to or greater than 0.1% by weight for the following purposes: (1) Processing as a
reactant; (2) Processing for incorporation into a formulation, mixture, or reaction product; (3) Processing for
repackaging; (4) Processing for recycling; (5) Industrial or commercial use as a laboratory chemical; (6)
industrial or commercial use as a bonding agent for solvent welding; (7) Industrial and commercial use as a
paint and coating remover from safety critical, corrosion-sensitive components of aircraft and spacecraft; (8)
Industrial and commercial use as a processing aid; (9) Industrial and commercial use for plastic and rubber
products manufacturing; (10) Industrial and commercial use as a solvent that becomes part of a formulation or
mixture, where that formulation or mixture will be used inside a manufacturing process, and the solvent
(methylene chloride) will be reclaimed; (11) Industrial and commercial use in the refinishing for wooden
furniture, decorative pieces, and architectural fixtures of artistic, cultural or historic value until May 8, 2029; (12)
Industrial and commercial use in adhesives and sealants in aircraft, space vehicle, and turbine applications for
structural and safety critical non-structural applications until May 8, 2029; (13) Disposal; and (14) Export.
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VIII: Violations for Non-Compliance
This unit describes the violations for non-compliance
with TSCA, including for small businesses.
A. What if the EPA discovers a violation?
In accordance with section 15 of TSCA, it is unlawful
to fail or refuse to comply with any requirement under
TSCA, or with any rule promulgated under TSCA.
Therefore, any failure to comply with the final rule
would be a violation of section 15 of TSCA. It is also
unlawful under section 15 of TSCA for any person to
use for commercial purposes a chemical substance or
mixture which such person knew or had reason to
know was manufactured, processed, or distributed in
commerce in violation of TSCA section 6. In addition,
under section 15 of TSCA, it is unlawful for any person
to: (1) fail or refuse to establish or maintain records as
required by the final rule or other regulations
promulgated under this chapter; (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. Violators of the
regulations under TSCA section 6 may be subject to
both civil and criminal liability. Under the penalty
provision of section 16 of TSCA, any person who
violates section 15 could be subject to a civil penalty
for each 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 the EPA
under TSCA. In addition, it is unlawful to knowingly and
willfully make or submit in writing materially false,
fictitious, or fraudulent statements.
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. The EPA may, at its discretion, proceed
against individuals as well as companies.
B.
How does the EPA address violations by
small businesses?
To maximize compliance, the EPA implements a
balanced program of compliance assistance,
compliance incentives, and traditional law
enforcement. The EPA knows that small businesses
that comply with complicated new statutes or rules
want to do the right thing, but may lack the requisite
knowledge, resources, or skills. Compliance assistance
information and technical advice helps small
businesses to understand and meet their
environmental obligations. Compliance incentives,
such as the EPA's Small Business Policy, apply to
businesses with 100 or fewer employees and
encourage persons to voluntarily discover, disclose,
and correct violations before they are identified by the
government (more information about the EPA's Small
Business Policy is available at
https://www.epa.gov/enforcement/small-businesses-
and-enforcement). The EPA's enforcement program is
aimed at protecting the public by ensuring compliance
with regulations under TSCA section 6.
The EPA encourages small businesses to work with
the Agency to discover, disclose, and correct violations.
The EPA's Audit Policy, which provides incentives for
regulated entities to voluntarily discover and fix
violations of federal environmental laws and
regulations, may be helpful for this process. The
Agency has developed self-disclosure, small business,
and small community policies to mitigate penalties for
small and large entities that cooperate with the EPA to
address compliance problems. For more information
on compliance assistance and other EPA programs for
small businesses, please contact the EPA's Small
Business Ombudsman Program via their toll-free
hotline at 800-368-5888 or by email at asbo@epa.gov.
You can also find technical environmental compliance
assistance in your state through the Small Business
Environmental Assistance Program here: States I
National Small Business Environmental Program
(nationalsbeap.org')
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Frequently Asked Questions (FAQs)
I see a "TSCA section 6(g) exemption" in the final rule. What is this?
The TSCA section 6(g) exemption for the emergency use of methylene chloride is provided to NASA in furtherance of
their mission. Only NASA and its contractors are exempted for a narrow set of conditions of use. This exemption is
beyond the scope of this compliance guide; additional detail about the exemption is found in Unit IV.F. of the final rule.
Where can I go if I have questions or need further assistance?
Please contact the EPA's TSCA Hotline with questions by telephone at (202) 554-1404 or by email at tsca-
hotline@epa.gov or MethvleneChlorideTSCA@epa.qov. For small businesses, please see the EPA's Small Business
Ombudsman Website. Small businesses may find the national Small Business Environmental Assistance Program
(SBEAP) helpful for providing resources and information about this methylene chloride regulation. The SBEAP site is
accessible at https://nationalsbeap.org/.
What uses of methylene chloride are covered by this regulation?
In the 2020 Risk Evaluation for Methylene Chloride, the EPA identified and assessed all known, intended, and
reasonably foreseen industrial, commercial, and consumer uses of methylene chloride (the use of methylene chloride
in consumer paint and coating removers was subject to separate action under TSCA section 6 (84 FR 11420, March
27, 2019).26 The EPA determined that all industrial, commercial, and consumer uses of methylene chloride evaluated
in the 2020 Risk Evaluation for Methylene Chloride contribute to the unreasonable risk of injury to health. As such, this
rule regulates all industrial, commercial, and consumer uses of methylene chloride.
Not-for-profit entities and colleges/universities are considered commercial users and are subject to the methylene
chloride rule.27 If you are unsure about your specific condition of use, please contact the EPA via the information
provided in the previous FAQ. Additionally, descriptions of specific commercial conditions of use can be found in
Appendix B of this guide.
Unit III.C. of this guide provides more details on applicability of this rule. For example, the EPA's rule includes a de
minimis threshold of 0.1%. Products that include methylene chloride below 0.1% by weight are not subject to the
restrictions in this regulation. Additionally, the methylene chloride rule does not apply to any substance excluded from
the definition of "chemical substance" under TSCA section 3(2)(B)(i) through (vi).
What if I work in a laboratory? How does the final rule apply to me?
If you work in a laboratory, your use is considered a commercial use and you are subject to the WCPP, including
inhalation exposure concentration limits and related workplace exposure monitoring and exposure controls as stated in
Unit IV of this guide, and also Units I.C. and IV.B.1 .c. of the methylene chloride rule. For more specific information
about what is considered a laboratory use please see Appendix B of this guide, "Industrial and commercial use as a
laboratory chemical."
Where do I find information about reformulating products that contain methylene chloride?
Please contact the Toxics Use Reduction Institute by telephone at (978) 934-3275 for technical guidance on
reformulating products that contain methylene chloride. You may also contact the EPA's TSCA Hotline with questions
26 https://www.federalreqister.qov/documents/2019/03/27/2019-05666/methvlene-chloride-requlation-of-paint-and-coatinq-removal-
for-consumer-use-under-tsca-section-6a
27 https://www.federalreqister.qov/documents/2024/05/08/2024-09606/methvlene-chloride-requlation-under-the-toxic-substances-
control-act-tsca
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by telephone at (202) 554-1404 or by email at tsca-hotline@epa.gov or MethvleneChlorideTSCA@epa.gov. For small
businesses, please see the ERA'S Small Business Ombudsman Website.
How can I dispose of methylene chloride?
Under RCRA, the disposal standards for methylene chloride depends on the form of the waste containing the
chemical. If it is hazardous waste, see the small business guide for managing hazardous waste. If it is not hazardous
waste, see the mide on industrial non-hazardous waste management. For further questions, you may also contact the
EPA's TSCA Hotline with questions by telephone at (202) 554-1404 or by email at tsca-hotline@epa.gov or
MethvleneChlorideTSCA@epa.gov. For small businesses, please see the EPA's Small Business Ombudsman
Website.
Is this guide updated?
This manual is the first version of the compliance guide. The EPA will ensure that the latest updated compliance guides
are available at https://www.epa.oov/assessino-and-managing-chemicals-under-tsca/risk-rnanagement-methvlene-
chloride.
What if I become aware of a violation?
To report a violation, please see instructions at https://www.epa.gov/report-violation.
Where can I find more information?
More information on how the EPA is addressing the unreasonable risk from chemical substances is at
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-existing-chemicals-under-tsca.
You may also contact the EPA's TSCA Hotline by telephone at (202) 554-1404 or by email at tsca-hotline@epa.gov.
For methylene chloride, 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 (89 FR 39254,
May 8, 2024) at https://www.federalregister.gov/documents/2024/05/08/2024-09606/methvlene-chloride-regulation-
i.inder-the-toxic-si.ibstances-control-act-tsca or at docket EPA-HQ-OPPT-2020-0465 at https://www.regulations.gov.
You can also email MethlveneChlorideTSCA@epa.gov with information or questions.
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Appendix A: Abbreviation List and Glossary
Abbreviation List
APF
assigned protection factor
CFR
Code of Federal Regulations
COU
Condition of use
DCM
Dichloromethane
ECEL
Existing chemical exposure limit
EPA
Environmental Protection Agency
FR
Federal Register
HCS
Hazard Communication Standard
NAICS
North American Industrial Classification System
NASA
National Aeronautics and Space Administration
NESHAP
National Emission Standards for Hazardous Air Pollutants
NIOSH
National Institute for Occupational Safety and Health
OECD
Organisation for Economic Co-operation and Development
OEL
Occupational Exposure Limit
OSHA
Occupational Safety and Health Administration
PBZ
personal breathing zone
PPb
parts per billion
PPE
personal protective equipment
PPm
parts per million
RCRA
Resource Conservation and Recovery Act
TSCA
Toxic Substances Control Act
TWA
time-weighted average
SAR
Supplied-Air Respirator
SBEAP
Small Business Environmental Assistance Program
SCBA
Self-Contained Breathing Apparatus
SDS
Safety Data Sheet
EPA STEL
short-term exposure limit
WCPP
Workplace Chemical Protection Program
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Glossary
Article - (ง 751,5) A manufactured item:
(1) Which is formed to a specific shape or design during manufacture;
(2) Which has end use function(s) dependent in whole or in part upon its shape or design during end use; and
(3) Which has either no change of chemical composition during its end use or only those changes of
composition which have no commercial purpose separate from that of the article, and that result from a
chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles; except that
fluids and particles are not considered articles regardless of shape or design.
Chemical substance - Defined in TSCA section 3(2) to mean organic or inorganic substance of a particular molecular
identity, including:
(1) Any combination of such substances occurring in whole or in part as a result of a chemical reaction or
occurring in nature, and
(2) Any element or uncombined radical.
Condition of use - Defined in TSCA section 3(4) to mean the circumstances, as determined by the EPA, under which
a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in
commerce, used, or disposed of.
De minimis - (ง 751.101) This is a regulatory threshold. Products that include methylene chloride below 0.1% by
weight are not subject to the restrictions outlined in the regulation described by this guide.
ECEL- (ง 751.103) An Existing Chemical Exposure Limit is an airborne concentration, calculated as an eight-hour
time-weighted average. When implemented along with other WCPP measures, unreasonable risk under the conditions
of use identified is no longer presented at the air concentration level of the ECEL
ECEL action level - (ง 751.103) An air concentration that indicates when certain compliance activities would need to
be taken, and at which frequency, to prevent exceedances of the ECEL. For methylene chloride, the ECEL action level
is a concentration of airborne methylene chloride of 1 part per million (1 ppm) calculated as an 8-hour time weighted
average (TWA).
Effective date - The date on which a regulation takes effect and becomes enforceable. In this case, the effective date
is July 8, 2024.
EPA Short Term Exposure Limit (STEL) - (ง 751.103) A short term exposure limit, which is an EPA regulatory limit
on workplace exposure to an airborne concentration of a chemical substance, based on an exposure of less than eight
hours.
Owner or operator - (ง 751.5) Any person who owns, leases, operates, controls, or supervises a workplace.
Personal breathing zone (PBZ) - A hemispheric area forward of the shoulders within a six- to nine-inch radius of a
worker's nose and mouth and requires that exposure monitoring air samples be collected from within this space.
Potentially exposed person - (ง 751.5) Any person who may be exposed to a chemical substance or mixture in a
workplace as a result of a condition of use of that chemical substance or mixture. The term includes workers,
employees, independent contractors, employers, and all other persons in the work area where a chemical substance is
present and who may be exposed to a chemical substance under the conditions of use for which a WCPP would apply.
Products - (ง 751.5) Means the chemical substance, a mixture containing the chemical substance, or any object that
contains the chemical substance or mixture containing the chemical substance that is not an article.
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Regulated area - (ง 751.5) An area established by the regulated entity to demarcate areas where airborne
concentrations of a specific chemical substance exceed, or there is a reasonable possibility they may exceed, the
applicable ECEL or EPA STEL.
Retailer - (ง 751.5) Any person or business entity that distributes or makes available products to consumers, including
through 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 or industrial businesses is not considered a retailer.
Worker - A person who performs work in areas where methylene chloride is present, Including both those who handle
methylene chloride and those who do not directly handle methylene chloride.
Workplace Chemical Protection Program (WCPP) - A program to protect workers from unreasonable risk posed by
exposure to a regulated substance for certain conditions of use under TSCA. The WCPP includes a suite of measures
to work together to create a workplace safety program for methylene chloride. WCPP provisions include a regulatory
ECEL, initial and periodic monitoring, respirator selection criteria, recordkeeping, and downstream notification for
methylene chloride to ensure that workers are no longer at risk.
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Appendix B: Conditions of Use Descriptions
Descriptions of the conditions of use for methylene chloride were obtained from EPA sources such as chemical data
reporting use codes, the 2020 Risk Evaluation for Methylene Chloride and related documents, as well as the
Organisation for Economic Co-operation and Development (OECD) harmonized use codes, and stakeholder
engagements. The descriptions of the conditions of use specific to the methylene chloride rule are described below:
Manufacturing (including import) conditions of use:
Domestic manufacturing: Manufacturing, or producing, a chemical substance within the United States (including
manufacturing for export). Manufacture includes the extraction of a component chemical substance from a
previously existing chemical substance or complex combination of chemical substances.
Import: Causing a chemical substance or mixture to arrive within the customs territory of the United States.
Processing conditions of use:
Processing as a reactant: Processing methylene chloride in chemical reactions for the manufacturing of another
chemical substance or product, e.g., difluoromethane, also known as HFC-32, which is used in fluorocarbon
blends for refrigerants, and bis-2,2-dinitropropyl-acetal/formal.
Incorporation into formulation, mixture, or reaction product: Adding methylene chloride to a product (or
product mixture) prior to further distribution of the product.
Repackaging: The preparation of methylene chloride for distribution in commerce in a different form, state, or
quantity. This includes transferring the chemical from a bulk container into smaller containers.
Recycling: The process of treating generated waste streams (i.e., which would otherwise be disposed of as
waste) that are collected, either on-site or transported to a third-party site, for commercial purposes. Waste
solvents can be restored to a condition that permits reuse via solvent reclamation/recycling. The recovery process
may involve an initial vapor recovery or mechanical separation step followed by distillation, purification, and final
packaging.
Industrial and commercial conditions of use:
Industrial and commercial use as solvent for batch vapor degreasing: The process of heating methylene
chloride to its volatilization point and using its vapor to remove dirt, oils, greases, and other surface contaminants
(such as drawing compounds, cutting fluids, coolants, solder flux, and lubricants) from metal parts, electronics, or
other articles in batch open-top vapor degreasers or closed-loop vapor degreasing in industrial or commercial
settings.
Industrial and commercial use as a solvent for in-line vapor degreasing: The process of heating methylene
chloride to its volatilization point and using its vapors to remove dirt, oils, greases, and other surface contaminants
from textiles, glassware, metal surfaces, and other articles using conveyorized or continuous-web vapor
degreasing machines in industrial or commercial settings.
Industrial and commercial use as a solvent for cold cleaning: The industrial or commercial use of methylene
chloride as a non-boiling solvent in cold-cleaning to dissolve oils, greases, and other surface contaminants from
textiles, glassware, metal surfaces, and other articles.
Industrial and commercial use as a solvent for aerosol spray degreaser/cleaner: Industrial or commercial use
of methylene chloride in aerosol degreasing as an aerosolized solvent spray, typically applied from a pressurized
can, to remove residual contaminants from fabricated parts or machinery (including circuit boards and electronics).
Industrial and commercial use in adhesives, sealants, and caulks: industrial or commercial use of methylene
chloride in adhesives, sealants, and caulks to promote bonding between other substances, promote adhesion of
surfaces, or prevent seepage of moisture or air.
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Industrial and commercial use in paints and coatings: Industrial or commercial use of methylene chloride in
paints or coatings applied to surfaces, usually to enhance properties such as water repellency, gloss, fade
resistance, ease of application, or foam prevention, etc.
Industrial and commercial use in paint and coating removers: Industrial or commercial use of methylene
chloride or methylene chloride-containing products applied to surfaces to remove paint, coatings, and other
finishes and to clean the underlying surface, including but not limited to furniture refinishing.
Industrial and commercial use as a paint and coating remover from safety critical, corrosion-sensitive
components of aircraft and spacecraft: Industrial or commercial use of methylene chloride or methylene
chloride-containing products applied to corrosion-sensitive surfaces to remove paint, coatings, and other finishes
and to clean the underlying surface in safety critical components of aircraft and spacecraft.
Commercial use in adhesives and sealants in aircraft, space vehicle, and turbine applications for
structural and safety critical non-structural applications: Industrial or commercial use of methylene chloride in
adhesives, sealants, and caulks to promote bonding between other substances, promote adhesion of surfaces, or
prevent seepage of moisture or air in aircraft, space vehicle, and turbine applications.
Industrial and commercial use in adhesive and caulk removers: Industrial or commercial use of methylene
chloride in products applied to surfaces to unbind substances or remove sealants and to clean the underlying
surface by softening adhesives, caulks, and other glues so they can be removed.
Industrial and commercial use in metal aerosol degreasers: Industrial or commercial use of methylene chloride
in aerosol degreasing as an aerosolized solvent spray, typically applied from a pressurized can, to remove residual
contaminants from fabricated parts, machinery, or other metal substrate.
Industrial and commercial use in metal non-aerosol degreasers: Industrial or commercial use of methylene
chloride in liquid degreasing to remove residual contaminants from fabricated parts, machinery, or other metal
substrate.
Industrial and commercial use in finishing products for fabric, textiles, and leather: Industrial or commercial
use of methylene chloride in the finishing of fabrics at fabric or textile mills, including in products that impart color
or other desirable properties to fabrics or textiles. The methylene chloride may be added during the manufacturing
of the textile or during the finishing, such as pressing of the fabric.
Industrial and commercial use in automotive care products (functional fluids for air conditioners): Industrial
or commercial use of methylene chloride for one or more operational properties in a closed system in products
intended for automotive care and includes automotive air conditioner refrigerant and as a refrigerant with stop leak
sealant.
Industrial and commercial use in automotive care products (interior car care): Industrial or commercial use of
methylene chloride in cleaning agents used to remove stains from interior carpets and textiles in automotive
vehicles.
Industrial and commercial use in automotive care products (degreasers): Industrial or commercial use of
methylene chloride in liquid or aerosol degreasing to remove residual contaminants from automotive substrates
and articles.
Industrial and commercial use in apparel and footwear care products: Industrial or commercial use of
methylene chloride in apparel and footwear care products as post-market waxes, polishes, or other media and
applied to footwear, textiles, or fabrics to impart color or other desirable properties.
Industrial and commercial use in spot removers for apparel and textiles: Industrial or commercial use of
methylene chloride or methylene chloride-containing products applied from squeeze bottles, hand-held spray
bottles, or spray guns, either before or after a cleaning cycle on apparel and textiles. After application, the
methylene chloride or product is removed by manually scraping or flushing away the stain by using a brush,
spatula, pressurized air, or steam.
Industrial and commercial use in liquid lubricants and greases: Industrial or commercial use of methylene
chloride in liquids that reduce friction, heat generation, and wear between surfaces.
Industrial and commercial use in spray lubricants and greases: Industrial or commercial use of methylene
chloride in sprays that reduce friction, heat generation, and wear between surfaces.
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Industrial and commercial use in aerosol degreasers and cleaners: Industrial or commercial use of methylene
chloride in aerosol degreasing as an aerosolized solvent spray, typically applied from a pressurized can, to remove
residual contaminants from a fabricated part or other substrate.
Industrial and commercial use in non-aerosol degreasers and cleaners: Industrial or commercial use of
methylene chloride in liquid degreasing to remove residual contaminants (such as oils, greases, and similar
materials) from a fabricated part or other substrate (such as textiles, glassware, products, and other articles).
Industrial and commercial use in cold pipe insulations: Industrial or commercial use of methylene chloride
when typically applied in aerosolized form in products used in building and construction materials to provide
insulation.
Industrial and commercial use as a solvent that becomes part of a formulation or mixture: Industrial or
commercial use of methylene chloride added to a product (or product mixture) in an industrial or commercial
setting.
Industrial and commercial use as a processing aid: Industrial or commercial use of methylene chloride to
improve the processing characteristics or the operation of process equipment or to alter or buffer the pH of the
substance or mixture, when added to a process or to a substance or mixture to be processed. Processing agents
do not become a part of the reaction product and are not intended to affect the function of a substance or article
created.
Industrial and commercial use as propellant and blowing agent: Industrial or commercial use of methylene
chloride in the production of polyurethane foam including as a blowing agent and as a solvent for cleaning
equipment.
Industrial and commercial use as a laboratory chemical: Industrial or commercial use of methylene chloride in
a laboratory process or in specialized laboratory equipment for instrument calibration/maintenance chemical
analysis, chemical synthesis, extracting and purifying other chemicals, dissolving other substances, executing
research, development, test and evaluation methods, and similar activities. The use of methylene chloride in a
closed-loop chiller system used to perform Federal Aviation Administration-required aviation fuel testing is
considered industrial and commercial use as a laboratory chemical. The analogous use of methylene chloride in a
chiller system in the Department of Defense McKinley Climactic Laboratory would likewise be considered industrial
and commercial use as a laboratory chemical.
Industrial and commercial use for electrical equipment, appliance, and component manufacturing:
Industrial or commercial use of methylene chloride in electrical and electronic products; their maintenance; their
manufacture, such as in the production of printed circuit boards; and at wholesalers and retail stores.
Industrial and commercial use for plastic and rubber products manufacturing: Industrial or commercial use
of methylene chloride in the manufacture and processing of plastic and rubber products, including in interfacial
polymerization for polycarbonate plastic manufacturing.
Industrial and commercial use in cellulose triacetate film production: Industrial or commercial use of
methylene chloride as a chemical processor for polycarbonate resins and cellulose triacetate (photographic film).
Industrial and commercial use as anti-spatter welding aerosol: Industrial or commercial use of methylene
chloride in formulations to prevent spatter from adhering to metal surfaces during welding.
Industrial or commercial use as a bonding agent for solvent welding: Industrial or commercial use of
methylene chloride or a solvent blend including methylene chloride to chemically bond polymer substrates
including, but not limited to, acrylic or polycarbonate, creating an airtight, waterproof, and in some cases seamless
joint.
Industrial and commercial use for oil and gas drilling, extraction, and support activities: Industrial or
commercial use of methylene chloride in the extraction, development, and preparation of oil, liquid crude
petroleum, and gas. Activities may include exploration for crude petroleum and natural gas, core sampling, drilling
wells, operating separator, emulsion breakers, and distilling equipment.
Industrial and commercial use for toys, playgrounds, and sporting equipment: Industrial or commercial use
of methylene chloride in the manufacture of toys intended for children's use (and child-dedicated articles),
including fabrics, textiles, and apparel (which may include stuffed toys, blankets, or comfort objects) as well as
plastic articles (hard) (which may include dolls, toy cars, toy animals, or teething rings).
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Industrial and commercial use in lithographic printing plate cleaner: Industrial or commercial use of
methylene chloride in lithographic printing for the cleaning of plates and rollers.
Industrial and commercial use in carbon remover, wood floor cleaner, and brush cleaner: Industrial or
commercial use of methylene chloride in formulated products to remove carbon and other dirt and residues from a
variety of surfaces including floors and brushes.
Consumer conditions of use:
Consumer use as a solvent in aerosol degreasers/cleaners: Consumer use of products containing methylene
chloride as a solvent for cleaning or degreasing in the form of an aerosol spray degreaser or cleaner. The products
are used to dissolve oils, greases, and similar materials from textiles, glassware, metal surfaces, and other
articles.
Consumer use in adhesives and sealants: Consumer use of methylene chloride in single or two-component
products used to fasten other materials together or prevent the passage of liquid or gas.
Consumer use in brush cleaners for paints and coatings: Consumer use of products containing methylene
chloride to clean brushes after using them to apply paints or coatings.
Consumer use in adhesive and caulk removers: Consumer use of products containing methylene chloride to
remove, loosen, or deteriorate any adhesive or caulk from a substrate, such as floor adhesive removal.
Consumer use in metal degreasers: Consumer use of products containing methylene chloride for the degreasing
of metals, such as coil cleaners and electronics cleaners.
Consumer use in automotive care products (functional fluids for air conditioners): Consumer use of
products containing methylene chloride for automotive care and includes automotive air conditioner refrigerant and
leak sealant.
Consumer use in automotive care products (degreasers): Consumer use of products containing methylene
chloride for automotive care and includes products for degreasing automotive parts, such as brakes, carburetors,
engines, and gaskets.
Consumer use in lubricants and greases: Consumer use of products containing methylene chloride to reduce
friction, heat generation, and wear between solid surfaces, such as engines and brakes.
Consumer use in cold pipe insulation: Consumer use of products containing methylene chloride used in
building and construction materials to provide insulation.
Consumer use in arts, crafts, and hobby materials glue: Consumer use of arts, crafts, and hobby materials,
such as glues, containing methylene chloride.
Consumer use in an anti-spatter welding aerosol: Consumer use of products containing methylene chloride to
prevent the spatter of the welding from sticking to welding material or a nearby surface (for example,
workbenches).
Consumer use in carbon removers and other brush cleaners: Consumer use of products containing methylene
chloride for cleaning applications to remove carbon, inks and paints, grease, or other foreign matter. The cleaning
operations include carbon removers (for example, to clean appliances, pots, and pans) and other applications that
usually involve the use of a brush (for example, in lithographic printing cleaners, in taxidermy, and in wood and
floor cleaners).
Disposal condition of use:
Disposal: Disposing of generated waste streams of methylene chloride that are collected either on-site or
transported to a third-party site for disposal.
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Appendix C: List of Potentially Affected Entities
The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this document applies to them. This list is in Section I.A.
of the methylene chloride rule, published on May 8, 2024, in the Federal Register. The list has been provided below for
your convenience.
Potentially affected entities include:
Other Chemical and Allied Products Merchant Wholesalers (NAICS code 424690);
Crude Petroleum Extraction (NAICS code 211120);
All Other Basic Organic Chemical Manufacturing (NAICS code 325199);
Other Chemical and Allied Products Merchant Wholesalers (NAICS code 424690);
Petroleum Bulk Stations and Terminals (NAICS code 424710);
Other Basic Inorganic Chemical Manufacturing (NAICS code 325180);
Testing Laboratories (NAICS code 541380);
Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and
Biotechnology (NAICS code 541715);
Hazardous Waste Treatment and Disposal (NAICS code 562211);
Solid Waste Combustors and Incinerators (NAICS code 562213);
Materials Recovery Facilities (NAICS code 562920);
Paint and Coating Manufacturing (NAICS code 325510);
Air and Gas Compressor Manufacturing (NAICS code 333912);
Gasket, Packing, and Sealing Device Manufacturing (NAICS code 339991);
Residential Remodelers (NAICS code 236118);
Commercial and Institutional Building Construction (NAICS code 236220);
Plumbing, Heating, and Air-Conditioning Contractors (NAICS code 238220);
Painting and Wall Covering Contractors (NAICS code 238320);
All Other Miscellaneous Manufacturing (NAICS code 339999);
Automotive Parts and Accessories Stores (NAICS code 441310);
All Other Miscellaneous Store Retailers (except Tobacco Stores) (NAICS code 453998);
Other Support Activities for Air Transportation (NAICS code 488190);
Ail Other Automotive Repair and Maintenance (NAICS code 811198);
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance
(NAICS code 811310);
Footwear and Leather Goods Repair (NAICS code 811430);
Adhesive Manufacturing (NAICS code 325520);
All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS code 325998);
Audio and Video Equipment Manufacturing (NAICS code 334310);
Reupholstery and Furniture Repair (NAICS code 811420);
All Other Rubber Product Manufacturing (NAICS code 326299);
All Other Miscellaneous Textile Product Mills (NAICS code 314999);
All Other Miscellaneous Fabricated Metal Product Manufacturing (NAICS code 332999);
Oil and Gas Field Machinery and Equipment Manufacturing (NAICS code 333132);
Bare Printed Circuit Board Manufacturing (NAICS code 334412);
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A Guide to Complying with the 2024 Methylene Chloride Regulation under the Toxic Substances
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Other Electronic Component Manufacturing (NAICS code 334419);
All Other Miscellaneous Electrical Equipment and Component Manufacturing (NAICS code 335999);
Printing Machinery and Equipment Manufacturing (NAICS code 333244);
Petroleum Refineries (NAICS code 324110);
Petroleum Lubricating Oil and Grease Manufacturing (NAICS code 324191);
Painting and Wall Covering Contractors (NAICS code 238320);
Welding and Soldering Equipment Manufacturing (NAICS code 333992);
New Car Dealers (NAICS code 441110);
Used Car Dealers (NAICS code 441120);
Drycleaning and Laundry Services (except Coin-Operated) (NAICS code 812320); and
Doll, Toy, and Game Manufacturing (NAICS code 339930).
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Appendix D: Fact Sheet
The next page reproduces the EPA's fact sheet providing an overview of the 2024 regulation of methylene chloride
under TSCA. The factsheet is available at https://www.epa.qov/svstem/files/documents/2024-07/mecl-fact-sheet O.pdf.
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FACT SHEET
2024 Final Risk Management Rule for
Methylene Chloride under TSCA
What is methylene chloride?
Methylene chloride - also called dichloromethane or DCM - is a colorless liquid and a volatile chemical with a
sweet odor. The solvent is used in a variety of consumer and commercial applications, including adhesives and
sealants, automotive products, and paint and coating removers.
In April 2024, EPA issued a final rule regulating methylene chloride under the Toxic Substances Control Act
(TSCA) to protect human health from health risks such as neurotoxicity effects and cancer from inhalation or
dermal exposures.
Who is subject to the methylene chloride regulation?
Anyone who manufactures (including imports), processes, distributes in commerce, uses, or disposes of
methylene chloride or products containing methylene chloride may be impacted by EPA's regulation of the
chemical. The table below is a summary of key points; full details are in the final rule.
What is the methylene chloride regulation1 under TSCA?
Workplace Chemical Protection Program
A workplace chemical protection program (WCPP) is
required in order to continue 13 conditions of use of
methylene chloride. These uses include:
1. Domestic manufacturing
2. Import
3. Processing as a reactant
4. Processing in incorporation into formulation, mixture,
or reaction product
5. Processing in repackaging
6. Processing in recycling
7. Use as a laboratory chemical.
8. Use in paint and coating removers for safety critical,
corrosion-sensitive components of aircraft and
spacecraft
9. Use as a bonding agent for solvent welding
10. Industrial and commercial use as a processing aid
11. Use for plastic and rubber products manufacturing
12. Use as a solvent that becomes part of a formulation
or mixture where the formulation or mixture will be
used inside a manufacturing process and the solvent
(methylene chloride) will be reclaimed
13. Disposal
The WCPP requires that owners and operators of facilities
using methylene chloride take appropriate measures to
meet new inhalation exposure limits (including 2 ppm as an
8-hour time weighted average) and develop and implement
an exposure control plan, among other requirements.
1 Details of these requirements are in 40 CFR Part 751, subpart B, available at https://www.ecfr.gov/current/title-
40/part-751/subpart-B.
2 There is a TSCA section 6(g) exemption for the emergency use of methylene chloride for NASA in furtherance of their
mission. Only NASA and its contractors are exempted for a narrow set of conditions of use.
SEPA
Prohibitions for Consumer Uses
Distributing methylene chloride for consumer
use is prohibited after May 5, 2025.
Prohibitions for Commercial Uses2
Most commercial uses are prohibited after
April 28, 2026.
Commercial Furniture Refinishing
Methylene chloride may be used for only very
specific furniture refinishing until May 8, 2029,
with workplace protections. After this date, this
use is prohibited.
Recordkeeping and Downstream
Notification
Manufacturers, processors, and distributors
are required to update Safety Data Sheets to
spread awareness throughout the supply
chain. Relevant SDS must be updated by
October 7, 2024 for manufacturers and
December 4, 2024 for processors and
distributors.
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FACT SHEET
2024 Final Risk Management Rule for
Methylene Chloride under TSCA
Compliance Timelines* for the
Workplace Chemical Protection Program
SEPA
Initial Monitoring
Complete initial
monitoring.
Demarcate regulated
area within 3 months
of initial monitoring
data.
Provide respiratory
protection within 3
months of initial
monitoring data but
no later than 15
months after final
rule.
Existing Facilities
Before May 5, 2025
(360 days after final
rule publication).
New Facilities
Within 30 days of
initiating use.
Exposure Limits and
Dermal Protections
Ensure methylene
chloride inhalation
exposures do not
exceed the ECEL (2
ppm as an 8-hr TWA)
and EPA STEL (16
ppm as a 15-min
TWA) for all
potentially exposed
persons.
Provide respiratory
and/or dermal
protection if
applicable.
Existing Facilities
Before August 1,
2025 (450 days after
final rule publication).
New Facilities
Wthin 90 days of
initial exposure
monitoring.
Exposure
Control Plan
Develop and
implement an
exposure control
plan.
Notify potentially
exposed persons of
completion of
exposure control plan
within 30 days of its
completion.
Provide requested
records by a
potentially exposed
person within 15 days
of request.
Existing Facilities
Before October 30,
2025 (540 days after
final rule publication).
New Facilities
Update as necessary,
but at least every five
years.
Other Monitoring
Periodic Monitoring
Conduct at a
minimum every 5
years, but could
occur as frequently
as every 3 months,
dependent upon initial
monitoring results.
As Needed Monitoring
Conduct additional
monitoring after any
change that may
introduce additional
sources of methylene
chloride exposure or
result in a change in
exposure levels.
* Longer timeframes for Federal agencies and contractors acting for or on behalf of those agencies. See final rule for
details.
For More Information
For information or questions on the regulation of methylene chloride under TSCA, as well as the
methylene chloride compliance guide, visit www.epa.gov/assessing-and-managing-chemicals-under-
tsca/risk-manaqement-methvlene-chloride or contact MethvleneChlorideTSCA@epa.gov..
For general questions and document requests about TSCA requirements, contact the TSCA Hotline
at 1-800-471-7127 or tsca-hotline@epa.gov.
For general information or questions on environmental regulations and compliance for small business
owners, visit https://www.epa.gov/resources-small-businesses/asbestos-and-small-business-
ombudsman or contact asbo@epa.gov.
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