
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm News
Author: Daniel T. McKillop
Date: December 18, 2024
Partner
201-896-7115 dmckillop@sh-law.comOn 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.”
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:
Trichloroethylene is used as a solvent in consumer and commercial products such as:
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:
The rule establishes longer compliance timeframes for some TCE uses, primarily in highly industrialized settings, including:
These uses will have worker safety requirements, including a Workplace Chemical Protection Plan with an inhalation exposure limit.
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.
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.
The EPA’s Final Rule for PCE will phase out all consumer uses and many industrial uses within three years. Key provisions include:
Certain uses will be allowed under strict controls with a Workplace Chemical Protection Program. These include:
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.
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