(a) General records. Each person who manufactures (including imports), processes, or distributes in commerce any methylene chloride after August 26, 2019, must retain in one location at the headquarters of the company, or at the facility for which the records were generated beginning July 8, 2024, documentation showing:

(1) The name, address, contact, and telephone number of companies to whom methylene chloride was shipped;

(2) A copy of the notification provided under § 751.111; and

(3) The amount of methylene chloride shipped.

(b) Exposure control records. Owners or operators must retain records of:

(1) The exposure control plan as described in § 751.109(e)(2);

(2) Implementation of the exposure control plan described in § 751.109(e)(2), including:

(i) Any regular inspections, evaluations, and updating of the exposure controls to maintain effectiveness; and

(ii) Confirmation that all persons are properly implementing the exposure controls.

(3) Personal protective equipment (PPE) and respiratory protection used by potentially exposed persons and program implementation, including fit-testing, pursuant to § 751.109(f) and (g);

(4) Information and training provided pursuant to § 751.109(h); and

(5) Occurrence and duration of any start-up, shutdown, or malfunction of exposure controls or of facility equipment that causes air concentrations to be above the ECEL or EPA STEL and subsequent corrective actions taken during start-up, shutdown, or malfunctions to mitigate exposures to methylene chloride.

(c) Objective data. Objective data generated during the previous 5 years, when used to forgo the initial exposure monitoring, must include:

(1) The use of methylene chloride being evaluated;

(2) The source of objective data;

(3) The measurement methods, measurement results, and measurement analysis of the use of methylene chloride; and

(4) Any other relevant data to the operations, processes, or person's exposure.

(d) Exposure monitoring records. (1) Owners or operators are required to retain monitoring records that include, at minimum, the information described at 29 CFR 1910.1052(m)(2)(ii)(A) through (F). For the purposes of this paragraph (d)(1), cross-referenced provisions in 29 CFR 1910.1052(m)(2)(ii) applying to an “employee” apply equally to potentially exposed persons and cross-referenced provisions applying to an “employer” also apply equally to owners or operators.

(2) For each monitoring event of methylene chloride required under this subpart, owners or operators must also document the following:

(i) All measurements that may be necessary to determine the conditions that may affect the monitoring results;

(ii) The identity of all other potentially exposed persons whose exposure was not measured and whose exposure is intended to be represented by the area or representative sampling monitoring;

(iii) Use of established analytical methods;

(iv) Compliance with the Good Laboratory Practice Standards in accordance with 40 CFR part 792 or use of a laboratory accredited by the AIHA or another industry-recognized program; and

(v) Information regarding air monitoring equipment including: Type, maintenance, calibrations, performance tests, limits of detection, and any malfunctions.

(3) Owners or operators must maintain copies of exposure monitoring notifications provided pursuant to § 751.109(d)(5).

(e) Availability of exposure control plans. Owners or operators must document the notice to and ability of any potentially exposed persons to access the exposure control plan and other associated records in accordance with § 751.109(e)(2)(iii).

(f) Records related to exemptions. To maintain eligibility for an exemption described in § 751.115, the records maintained by the owners or operators must demonstrate compliance with the specific conditions of the exemption.

(g) Records related to the refinishing of wooden furniture, decorative pieces, and architectural fixtures. (1) Owners and operators of workplaces engaged in the industrial or commercial use of methylene chloride for the refinishing of wooden furniture, decorative pieces, and architectural fixtures of artistic, cultural, or historic value must document each instance of refinishing such pieces.

(2) The documentation required by paragraph (g)(1) of this section must include:

(i) The date of the refinishing activity;

(ii) A description of the wooden piece that was refinished and an explanation of its artistic, cultural, or historic value;

(iii) The name of the owner of the refinished wooden piece;

(iv) The name of the individual(s) that refinished the wooden piece;

(v) A description of the methylene chloride product used and the quantity of the product used to perform the refinishing; and

(vi) Records demonstrating compliance with the requirements of § 751.117.

(h) Minimum record retention period. The records required under this section must be retained for at least 5 years from the date that such records were generated.

[89 FR 39301, May 8, 2024]