EPA Finalizes Rules to Ban Chemical Solvents TCE and PCE

EPA Finalizes Rules to Ban Chemical Solvents TCE and PCE

On December 9, 2024, the U.S. Environmental Protection Agency (EPA) finalized its risk management rules for trichloroethylene (TCE) and perchloroethylene (PCE) under the 2016 Toxic Substances Control Act (TSCA) amendments. The chemicals, used in cleaners, lubricants, sealants, adhesives, paints, and other commercial applications, are believed to cause cancer, affect reproductive systems, and compromise immune systems. According to the EPA, safer alternatives are readily available for the majority of uses.

The new EPA rules will completely ban TCE over time, with the “vast majority of identified risks eliminated within one year.” Meanwhile, PCE is banned for “all consumer uses and many commercial uses, while allowing some workplace uses to continue only where robust workplace controls can be implemented.”

Chemical Regulation Under the Toxic Substances Control Act

The TSCA authorizes the EPA to address any unreasonable risks chemicals may have on human health and the environment. Pursuant to TSCA section 6(a):

“[i]f the Administrator determines in accordance with subsection (b)(4)(A) that the manufacture, processing, distribution in commerce, use or disposal of a chemical substance or mixture, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment, the Administrator shall by rule… apply one or more of the [section 6(a)] requirements to such substance or mixture to the extent necessary so that the chemical substance no longer presents such risk.”

The TSCA authorizes the EPA to issue regulations requiring one or more of the following actions to the extent necessary so that the chemical substance no longer presents an unreasonable risk:

• Prohibit or otherwise restrict manufacture, processing, or distribution in commerce.
• Prohibit or otherwise restrict for a particular use or above a set concentration.
• Require minimum warnings and instructions with respect to use, distribution in commerce, or disposal.
• Require recordkeeping or testing.
• Prohibit or regulate any manner or method of commercial use.
• Prohibit or regulate any manner or method of disposal.
• Direct manufacturers or processors to give notice of the unreasonable risk to distributors and replace or repurchase products if required.

TCE Rule

Uses of TCE

Trichloroethylene is used as a solvent in consumer and commercial products such as:

• Cleaning and furniture care products.
• Degreasers.
• Brake cleaners.
• Sealants, lubricants, adhesives.
• Paints and coatings.
• Arts and crafts spray coatings.
  It is also used in the manufacture of some refrigerants.

Key Provisions of the TCE Final Rule

The EPA’s Final Rule for TCE prohibits the manufacture (including import), processing, and distribution in commerce of TCE for all uses. Most uses of TCE are prohibited within one year, including:

• TCE manufacture.
• Processing for most commercial and all consumer products.

Longer Compliance Timeframes

The rule establishes longer compliance timeframes for some TCE uses, primarily in highly industrialized settings, including:

• Cleaning parts for aircraft and medical devices.
• Manufacturing battery separators and refrigerants.

These uses will have worker safety requirements, including a Workplace Chemical Protection Plan with an inhalation exposure limit.

Exceptions

The EPA will allow essential laboratory use and proper disposal of TCE wastewater for up to 50 years, provided worker protections are in place, including the inhalation exposure limit set in the rule.

PCE Rule

Uses of PCE

Perchloroethylene is a solvent used in consumer applications like brake cleaners and adhesives, commercial dry cleaning, and industrial settings. PCE can biodegrade into TCE and may contain trace amounts of TCE as an impurity or contaminant.

Key Provisions of the PCE Final Rule

The EPA’s Final Rule for PCE will phase out all consumer uses and many industrial uses within three years. Key provisions include:

• A 10-year phaseout for dry cleaning to protect workers and nearby populations.
• Prohibition of PCE in newly acquired dry-cleaning machines after six months.
• Compliance timelines for existing machines based on type and age, with older machines phased out sooner.

Allowed Uses Under Strict Controls

Certain uses will be allowed under strict controls with a Workplace Chemical Protection Program. These include:

• Production of refrigerant chemicals to support climate initiatives.
• Petrochemical and agricultural chemical manufacturing.
• Cold cleaning of tanker vessels and chemical milling.
• Adhesives, sealants, and vapor degreasing solvents.
• Energized electrical cleaning.

What’s Next?

The EPA plans to provide compliance guidance for the new rules in the coming months. Additionally, a public webinar will be hosted on Wednesday, Jan. 15, 2025, at 12:30 p.m. EST to explain the final rule and its implementation. Registration is available on the EPA’s Final Regulation of Perchloroethylene under TSCA webinar page.

Legal challenges to the new EPA rules may also arise. Stay tuned for further developments.