G/TBT/N/USA/1456  
 
3 April 2019  
(19-2092) 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 AME RICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1484]  
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 [   ], other : [X] 
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Methylene 
Chloride; Paints and varnishes (including enamels and lacquers) based on synthetic 
polymers or chemically modified natural polymers,  dispersed or dissolved in a non -
aqueous medium; solutions as defined in Note 4 to this Chapter (HS 3208); Paints and 
varnishes (including enamels and lacquers) based on synthetic polymers or chemically 
modified natural polymers, dispersed or dissolved in an aqueous medium (HS 3209); 
Services (ICS 03.080), Occupational safety. Industrial hygiene (ICS 13.100), Products of 
the chemical industry (ICS 71.100), Paint coating processes (ICS 87.020), Paints and 
varnishes (ICS 87.040), Paint ingredients (ICS 87.060 ) 
5. Title, number of pages and language(s) of the notified document:  Methylene 
Chloride; Commercial Paint and Coating Removal Training, Certification and Limited 
Access Program (8 page(s), in English)  
6. Description of content:  Under the Toxic Substance s Control Act (TSCA), EPA has the 
authority to apply a suite of regulatory tools to address unreasonable risks from chemical 
substances, including authority to regulate the distribution in commerce for a particular 
use and to regulate any manner or method of commercial use, to the extent necessary 
so that the chemical substance no longer presents unreasonable risk. EPA is issuing an 
advance notice of proposed rulemaking (ANPRM) to solicit public input on training, 
certification, and limited access requireme nts that could address any unreasonable risks 
that EPA could potentially find to be presented by methylene chloride when used for 
commercial paint and coating removal. Such a program could allow access to paint and 
coating removal products containing methy lene chloride only to commercial users who 
are certified as properly trained to engage in use practices that do not present 
unreasonable risks.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human healt h or safety; Protection of the environment  G/TBT/N/USA/1456  
 
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  8. Relevant documents:   
• 84 Federal Register (FR) 11466, 27 March 2019; Title 40 Code of Federal 
Regulations (CFR) Part 751.  Will appear in the Federal Register when adopted.  
• G/TBT/N/USA/1271 and subs equent addenda  - Methylene Chloride and 
N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a)  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  28 May 2019  
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.w to.org/crnattachments/2019/TBT/USA/19_1872_00_e.pdf