§751.605. Prohibitions of manufacturing, processing, distribution in commerce, and use. — Inbound Citations

(a) The provisions of this section apply to the following conditions of use of PCE, including manufacturing and processing for export, unless otherwise indicated in this section, except to the extent the conditions of use are prohibited by § 751.605:

(1) Manufacturing (domestic manufacture);

(2) Manufacturing (import);

(3) Processing as a reactant/intermediate;

(4) Processing into formulation, mixture or reaction product;

(5) Repackaging;

(6) Industrial and commercial use as solvent for open-top batch vapor degreasing;

(7) Industrial and commercial use as solvent for closed-loop batch vapor degreasing

(8) Industrial and commercial use in maskant for chemical milling;

(9) Industrial and commercial use in solvent-based adhesives and sealants;

(10) Industrial and commercial use as a processing aid in catalyst regeneration in petrochemical manufacturing;

(11) Industrial and commercial use as a processing aid in sectors other than petrochemical manufacturing;

(12) Industrial and commercial use for cold cleaning of tanker vessels;

(13) Recycling; and

(b) Under 15 U.S.C. 2605(g)(1)(A), use of PCE or PCE containing products for the conditions of use identified in paragraph (b)(1) of this section in an emergency by the National Aeronautics and Space Administration (NASA) and its contractors operating within the scope of their contracted work is exempt from the requirements of § 751.605 until December 19, 2034.

(1) This exemption shall apply to the following specific conditions of use:

(i) Industrial and commercial use as solvent for cold cleaning; and

(i) An emergency is a serious and sudden situation requiring immediate action, within 15 days or less, necessary to protect:

(A) Safety of NASA's or their contractors' personnel;

(B) NASA's missions;

(C) Human health, safety, or property, including that of adjacent communities; or

(ii) Each emergency is a separate situation; if use of PCE exceeds 15 days, then justification must be documented.

(3) To be eligible for the exemption, NASA and its contractors must:

(i) Select PCE because there are no technically and economically feasible safer alternatives available during the emergency.

(A) Within 15 working days of the emergency use by NASA or its contractors, NASA 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 conditions of use detailed in paragraph (b)(1) of this section that the emergency use fell under;

(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 PCE was selected, including why there were no technically and economically feasible safer alternatives available in the particular emergency.

(iv) The owner or operator must comply with and document such compliance efforts under the WCPP provisions in § 751.607, to the extent technically feasible in light of the particular emergency.

(v) The owner or operator of the location where the use takes place must comply with the recordkeeping requirements in § 751.615.