G/TBT/N/USA/1271  
 
1 February 2017  
(17-0655) 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 Prot ection Agency (EPA) [1290]  
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 [ X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Methylene chloride and 
N-Methylpyrrolidone . Dichloromethane (methylene chloride) (HS 290312) . Environmental 
protection (ICS 13.020), Products of the chemical industry (ICS 7 1.100)  
5. Title, number of pages  and language(s)  of the notified document:  Methylene Chloride 
and N -Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a) (70 pages, in 
English).  
6. Description of content:  Methylene chloride, also called d ichloromethane, is a volatile 
chemical that has a variety of uses, including paint and coating removal. N -
methylpyrrolidone (NMP) is a solvent used in a variety of applications, including paint and 
coating removal. For each of these chemicals, EPA has iden tified risks of concern 
associated with their use in paint and coating removal. EPA proposes a determination that 
these are unreasonable risks. EPA is proposing to prohibit the manufacture (including 
import), processing, and distribution in commerce of met hylene chloride for consumer and 
most types of commercial paint and coating removal under section 6 of the Toxic 
Substances Control Act (TSCA). EPA is also proposing to prohibit the use of methylene 
chloride in these commercial uses; to require manufacture rs (including importers), 
processors, and distributors, except for retailers, of methylene chloride for any use to 
provide downstream notification of these prohibitions throughout the supply chain; and to 
require recordkeeping. E PA is proposing an initial ten-year time -limited exemption from 
these proposed regulations on methylene chloride for coating removal uses critical for 
national security. First, EPA is proposing to prohibit the manufacture (including import), 
processing, and distribution in commerce of NMP for all consumer and commercial paint 
and coating removal; to prohibit the use of NMP for all commercial paint and coating 
removal; to require, consistent with methylene chloride restrictions, downstream 
notification of these prohibitions throughout  the supply chain; to require recordkeeping; 
and to provide a time -limited exemption from these proposed regulations on NMP for 
coating removal uses critical for national security. For NMP, as an alternate proposal, EPA 
is proposing that (1) commercial use rs of NMP for paint and coating removal establish a 
worker protection program me for dermal and respiratory protection and not use paint and 
coating removal produc ts that contain greater than 35%  NMP by weight (except for 
product formulations destined to be  used by DoD or its contractors performing work only G/TBT/N/USA/1271  
 
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  for DOD projects); and (2) processors of products containing NMP for paint and coating 
removal reformulate products such that these product s do not exceed a maximum of 35% 
NMP by weight, identify gloves that provide effective protection for the formulation, and 
provide warning and instruction labels on the products.  
7. Objective and rationale , including the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:  82 Federal Register (FR) 7464, 19 January  2017; Title 40 Code of 
Federal Regulations (CFR) Part 751. Will appear in the Federal Register when adopted  
9. Proposed date of adoption: To be determined  
Proposed date of entry into force: To be determined   
10. Final date for comments:  19 April 2017  
11. Texts available from : National enquiry point  [ ] or address, telephone and fax 
number s and e mail and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2017/TBT/USA/17_0625_00_e.pdf