G/TBT/N/USA/1891  
6 July 2022  
(22-5210) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [1920]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: Announcement of availability, seeking public comment on a draft revision to 
the risk determination for the methylene chloride risk evaluation issued under the Toxic 
Substances Control Act (TSCA); comments due 4 August 2022.  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Methylene 
Chloride; Environmental protection (ICS code(s): 13.020); Production in the chemical 
industry (ICS code(s): 71.020); Products of the  chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Methylene 
Chloride; Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; 
Notice of Availability and Request for Comment; (7 p age(s), in English)  
6. Description of content:  Notice - The Environmental Protection Agency (EPA) is 
announcing the availability of and seeking public comment on a draft revision to the risk 
determination for the methylene chloride risk evaluation issued under TSCA. The draft 
revision to the methylene chloride risk determination reflects the announced policy 
changes to ensure the public is protected from unreasonable risks from chemicals in a 
way that is supported by science and the law. In this draft revi sion to the risk 
determination EPA finds that methylene chloride, as a whole chemical substance, presents 
an unreasonable risk of injury to health when evaluated under its conditions of use. In 
addition, this revised risk determination does not reflect an assumption that all workers 
always appropriately wear personal protective equipment (PPE). EPA understands that 
there could be occupational safety protections in place at workplace locations; however, 
not assuming use of PPE reflects EPA's recognition that  unreasonable risk may exist for 
subpopulations of workers that may be highly exposed because they are not covered by 
OSHA standards, or their employers are out of compliance with the Department of Labor 
Occupational Safety and Health Administration (OSHA)  standards, or because many of 
OSHA's chemical -specific permissible exposure limits largely adopted in the 1970's are 
described by OSHA as being "outdated and inadequate for ensuring protection of worker 
health,'' or because the OSHA permissible exposure l imit (PEL) alone may be inadequate 
for ensuring protection of worker health. This revision, when final, would supersede the 
condition of use -specific no unreasonable risk determinations in the June 2020 methylene G/TBT/N/USA/1891  
 
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  chloride risk evaluation (and withdraw the associated order) and would make a revised 
determination of unreasonable risk for methylene chloride as a whole chemical substance.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety;  Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 39824, 5 July 2022:  
https://www.govinfo.gov/content/pkg/FR -2022-07-05/html/2022 -14163.htm  
https://www.govin fo.gov/content/pkg/FR -2022-07-05/pdf/2022 -14163.pdf  
This notice is identified by Docket Number EPA -HQ-OPPT-2016-0742. The Docket Folder 
is available from Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-OPPT-
2016-0742/document  and provides access to primary and supporting documents as well 
as comments received. Documents are also accessible from Regulations.gov  by searchi ng 
the Docket Number. WTO Members and their stakeholders are asked to submit petitions 
for reconsideration to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 15 
August 2022. Petitions for reconsideration received by the USA TBT Enquiry Point from 
WTO Members and their stakeholders will be shared with the regulator and will also be 
submitted to the Docket  on Regulations.gov if received within the comment period.  
G/TBT/N/USA/1270 and subsequent addenda  - Trichloroethylene (TCE); Regulation of 
Certain Uses Under Toxic Substances Control Act identified by Docket Number EPA-HQ-
OPPT-2016-0387. 
G/TBT/N/USA/1271 and subsequent addenda  - Methylene Chloride and N -
Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) identified by 
Docket Number EPA-HQ-OPPT-2016-0231. 
G/TBT/N/USA/1357 and Corrigendum  - Labeling of Certain Household Products 
Containing Methylene Chloride; Supplemental Guidance identified by Docket Number 
CPSC -2016-2019. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  4 August 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_453 6_00_e.pdf