§ 751.115 Exemptions.
(a)In general.
(1)Time-limited exemptions described in this section are established in accordance with 15 U.S.C. 2605(g)(1). (2)To be eligible for the exemptions established in this section, regulated parties must comply with all conditions promulgated in this section for such exemptions in accordance with 15 U.S.C. 2605(g)(4). (b)Exemption for emergency use by the National Aeronautics and Space Administration. Under 15 U.S.C. 2605(g)(1)(A), the use of methylene chloride or methylene chloride-containing products in an emergency by the National Aeronautics and Space Administration and its contractors operating within the scope of their contracted work for the conditions of use identified in paragraph (b)(1) of this section is exempt from the requirements of § 751 Free access — add to your briefcase to read the full text and ask questions with AI
§ 751.115 Exemptions.
(a) In general. (1) Time-limited exemptions described in this section are established in accordance with 15 U.S.C. 2605(g)(1).
(2) To be eligible for the exemptions established in this section, regulated parties must comply with all conditions promulgated in this section for such exemptions in accordance with 15 U.S.C. 2605(g)(4).
(b) Exemption for emergency use by the National Aeronautics and Space Administration. Under 15 U.S.C. 2605(g)(1)(A), the use of methylene chloride or methylene chloride-containing products in an emergency by the National Aeronautics and Space Administration and its contractors operating within the scope of their contracted work for the conditions of use identified in paragraph (b)(1) of this section is exempt from the requirements of § 751.107(b)(3) through (6) until May 8, 2034.
(1) Applicability. This exemption shall apply to the following specific conditions of use:
(i) Industrial and commercial use as solvent for cold cleaning;
(ii) Industrial and commercial use as a solvent for aerosol spray degreaser/cleaner;
(iii) Industrial and commercial use in adhesives, sealants, and caulks;
(iv) Industrial and commercial use in adhesive and caulk removers;
(v) Industrial and commercial use in metal non-aerosol degreasers;
(vi) Industrial and commercial use in non-aerosol degreasers and cleaners; and
(vii) Industrial and commercial use as solvent that becomes part of a formulation or mixture.
(2) Emergency use—(i) In general. An emergency is a serious and sudden situation requiring immediate action, within 15 days or less, necessary to protect:
(A) Safety of the National Aeronautics and Space Administration's or their contractors' personnel;
(B) The National Aeronautics and Space Administration's missions;
(C) Human health, safety, or property, including that of adjacent communities; or
(D) The environment.
(ii) Duration. Each emergency is a separate situation; if use of methylene chloride exceeds 15 days, then justification must be documented.
(3) Eligibility. To be eligible for the exemption, the National Aeronautics and Space Administration and its contractors must:
(i) Select methylene chloride because there are no technically and economically feasible safer alternatives available during the emergency.
(ii) Perform the emergency use of methylene chloride at locations controlled by the National Aeronautics and Space Administration or its contractors.
(iii) Comply with the following conditions:
(A) Notification. Within 15 working days of the emergency use by the National Aeronautics and Space Administration or its contractors, the National Aeronautics and Space Administration and its contractors must provide notice to the EPA Assistant Administrators of both the Office of Enforcement and Compliance Assurance and the Office of Chemical Safety and Pollution Prevention that includes the following:
(1) Identification of the condition of use detailed in paragraph (b)(1) of this section to which the emergency use applies;
(2) An explanation for why the emergency use met the definition of emergency in paragraph (b)(2)(i) of this section; and
(3) An explanation of why methylene chloride was selected, including why there were no technically and economically feasible safer alternatives available in the particular emergency.
(B) Exposure. The owner or operator must comply with and document such compliance efforts under the Workplace Chemical Protection Program provisions in § 751.109, to the extent technically feasible in light of the particular emergency.
(C) Recordkeeping. The owner or operator of the location where the use takes place must comply with the recordkeeping requirements in § 751.113.
[89 FR 39301, May 8, 2024]