§751.325. Exemptions.
40 C.F.R. § 751.325
In general.
The time-limited exemptions described in this section are established in accordance with 15 U.S.C. 2605(g).
In order to be eligible for the exemptions described in this section, regulated parties must comply with all conditions established for such exemptions in this section.
Exemptions—
Closed-loop batch vapor degreasing necessary for rocket engine cleaning by Federal agencies and their contractors until December 18, 2031. The following are specific conditions of the exemption for industrial and commercial use of TCE as a solvent for closed-loop vapor degreasing necessary for rocket engine cleaning by Federal agencies and their contractors described in § 751.305(b)(15):
The use of TCE in industrial and commercial as a solvent for closed-loop vapor degreasing is limited to the closed-loop batch vapor degreasing necessary for rocket engine cleaning by Federal agencies and their contractors.
The owner or operator of the location where such use occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the recordkeeping requirements in § 751.323.
Closed-loop and Open-top batch vapor degreasing for essential aerospace parts and components and narrow tubing for medical devices until December 18, 2031. The following are specific conditions of the exemption for vapor degreasing described in § 751.305(b)(16):
The use of TCE for closed-loop and open-top batch vapor degreasing is limited to the cleaning of—
Essential aerospace parts and components where cleaning alternatives present technical feasibility or performance challenges to meet specifications from Federal agencies or other long-standing design specifications included in existing contracts; and
Narrow tubing for medical devices.
The owner or operator of the location where such use of TCE occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Certain industrial and commercial uses of TCE for vessels of the Armed Forces and their systems, and in the maintenance, fabrication, and sustainment for and of such vessels and systems until December 18, 2034. The following are specific conditions of the exemption for industrial and commercial uses of TCE for vessels of the Armed Forces and their systems, and in the maintenance, fabrication, and sustainment for and of such vessels and systems described in § 751.305(b)(20):
The industrial and commercial use of TCE must be limited for vessels of the Armed Forces and their systems, and in the maintenance, fabrication, and sustainment for and of such vessels and systems: as potting compounds for naval electronic systems and equipment; sealing compounds for high and ultra-high vacuum systems; bonding compounds for materials testing and maintenance of underwater systems and bonding of nonmetallic materials; and cleaning agents to satisfy cleaning requirements (which includes degreasing using wipes, sprays, solvents and vapor degreasing) for: materials and components required for military ordnance testing; temporary resin repairs in vessel spaces where welding is not authorized; ensuring polyurethane adhesion for electronic systems and equipment repair and installation of elastomeric materials; various naval combat systems, radars, sensors, equipment; fabrication and prototyping processes to remove coolant and other residue from machine parts; machined part fabrications for naval systems; installation of topside rubber tile material aboard vessels; and vapor degreasing required for substrate surface preparation prior to electroplating processes.
The owner or operator of the location where such use occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Use of TCE or TCE-containing products in an emergency by the National Aeronautics and Space Administration and its contractors operating within the scope of their contracted work until December 18, 2034—
Applicability. This exemption shall apply to the following specific conditions of use:
Industrial and commercial use as solvent for open-top or closed-loop batch vapor degreasing.
Industrial and commercial use as solvent for cold cleaning.
Industrial and commercial use as a solvent for aerosol spray degreaser/cleaner and mold release.
Industrial and commercial use as a lubricant and grease in tap and die fluid.
Industrial and commercial use as a lubricant and grease in penetrating lubricant.
Industrial and commercial use as an adhesive and sealant in solvent-based adhesives. and sealants.
Industrial and commercial as a functional fluid in heat exchange fluid.
Industrial and commercial use in corrosion inhibitors and anti-scaling agents.
Industrial and commercial use of TCE as a processing aid.
Manufacturing (including importing) and processing of TCE for the industrial and commercial uses listed in paragraphs (b)(4)(i)(A) through (I) of this section.
Emergency use—
In general. An emergency is a serious and sudden situation requiring immediate action, within 15 days or less, necessary to protect:
(1) Safety of NASA's or their contractors' personnel;
(2) NASA's missions;
(3) Human health, safety, or property, including that of adjacent communities; or
(4) The environment.
Duration. Each emergency is a separate situation; if use of TCE exceeds 15 days, then justification must be documented.
Eligibility. To be eligible for the exemption, the NASA and its contractors must:
Select TCE because there are no technically and economically feasible safer alternatives available during the emergency.
Perform the emergency use of TCE at locations controlled by NASA or its contractors.
Comply with the following conditions— (1) Notification. Within 15 working days of the emergency use by NASA and its contractors, NASA 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:
(i) Identification of the conditions of use detailed in paragraph (b)(4)(i) of this section that the emergency use fell under;
(ii) An explanation for why the emergency use met the definition of emergency in paragraph (b)(4)(i)(B) of this section; and
(iii) An explanation of why TCE was selected, including why there were no technically and economically feasible safer alternatives available in the particular emergency.
(2) Exposure control. The owner or operator must comply with the Workplace Chemical Protection Program provisions in § 751.315, to the extent technically feasible in light of the particular emergency.
(3) Recordkeeping. The owner or operator of the location where the use takes place must comply with the recordkeeping requirements in § 751.323.
Lead-acid battery separator manufacturing untilDecember 18, 2044. The following are specific conditions of the exemption for use as a processing aid in the manufacturing of lead-acid battery separators described in § 751.305(b)(22):
The use of TCE as a processing aid for battery separator manufacturing must be limited to lead acid battery separator manufacturing.
This specific industrial and commercial use of TCE as a processing aid can only be used at industrial facilities in which TCE is in use for the manufacture of lead acid battery separators prior to February 18, 2025.
The owner or operator of the location where such use occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Industrial and commercial use of TCE as a processing aid for specialty polymeric microporous sheet materials manufacturing until December 18, 2039. The following are specific conditions of the exemption for industrial and commercial use as a processing aid at § 751.305(b)(23):
The use of TCE as a processing aid must be limited to specialty polymeric microporous sheet materials manufacturing.
This specific industrial and commercial use of TCE as a processing aid can only be used at industrial facilities in which TCE is in use for the manufacture of specialty polymeric microporous sheet materials prior to February 18, 2025.
The owner or operator of the location where such use occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Laboratory use for essential laboratory activities until December 18, 2074. The following are specific conditions of the exemption for laboratory use at § 751.305(b)(24):
The industrial and commercial use of TCE as a laboratory chemical must only be for essential laboratory activities. Essential laboratory activities are:
Laboratory activities associated with cleanup and exposure monitoring activities, including chemical analysis, chemical synthesis, extracting or purifying other chemicals, dissolving other substances, research and development for the advancement of cleanup activities, and as an analytical standard for monitoring related to TCE contamination or exposure monitoring.
Laboratory activities conducted by Federal agencies and their contractors, other than those described in paragraph (b)(7)(i)(A) of this section, and similar laboratory activities, provided the use is essential to the agency's mission.
The use of TCE as a laboratory chemical for testing asphalt is regulated under § 751.311, and is not considered an essential laboratory activity.
The use of TCE as a laboratory chemical must be performed on the premises of a laboratory.
The owner or operator of the location where such use of TCE occurs, and manufacturers (including importers) and processors of TCE for such use, must comply with the Workplace Chemical Protection Program provisions in § 751.315.
The owner or operator of the location where such use of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works for the purposes of cleanup projects of TCE-contaminated water and groundwater until December 18, 2074. The following are specific conditions of the exemption for disposal at § 751.305(b)(25):
The disposal of TCE to industrial pre-treatment, industrial treatment, or publicly owned treatment works must only be for the purposes of cleanup projects of TCE-contaminated water and groundwater, and is limited to sites undergoing cleanup under CERCLA, RCRA, or other Federal, state, and local government laws, regulations, or requirements.
The owner or operator of the cleanup site location where TCE industrial treatment or pretreatment occurs must comply with the wastewater worker protection requirements in § 751.319.
The owner or operator of publicly owned treatment works that receive TCE wastewater must comply with the worker protection requirements in § 751.319.
The owner or operator of the location where such disposal of TCE occurs must comply with the recordkeeping requirements in § 751.323.
Notes, amendments, and revision history
Source
Source: 89 FR 102623, Dec. 17, 2024, unless otherwise noted.
Authority
Authority: 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).
Source
Source: 84 FR 11435, Mar. 27, 2019, unless otherwise noted.