Methylene Chloride Consumer Paint and Coating Removal Rule Implementation -
EPA Issues Compliance Guide to Assist Small Entities

Today EPA released new guidance to help methylene chloride processors and distributors comply with the March 2019 rule under section 6(a) of the Toxic Substances Control Act (TSCA) prohibiting the manufacture (including import), processing, or distribution in commerce of methylene chloride for consumer paint and coating removal. The final rule became effective on May 28, 2019. Requirements for downstream notification and recordkeeping for all manufacturers, processors, and distributors of methylene chloride (excluding retailers) went into effect on August 27, 2019.

The guide describes the requirements EPA has established to address unreasonable risks from the use of methylene chloride in consumer paint and coating removal. The guide also

• defines key terms,
• identifies the regulated entities,
• describes the required or prohibited activities, and
• summarizes the downstream notification and recordkeeping requirements.

The small entities directly regulated by this rule include:

• processors (since they formulate paint and coating removers containing methylene chloride),
• distributors of methylene chloride
• distributors of paint and coating removers containing methylene chloride, and
• retailers.

The rule is fully effective on November 22, 2019, when prohibitions on manufacturing (including importing), processing, or distributing methylene chloride for consumer paint and coating removal go into effect. This includes a prohibition on distributing any methylene chloride for paint and coating removal to or by retailers, including e-commerce retailers. 

For more details, the full compliance guide is now available at: www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-management-methylene-chloride