The U.S. Environmental Protection Agency (EPA) recently announced a Final Rule banning two chemicals used in automobile, dry-cleaning and manufacturing that are known to have properties that risk causing cancer and harm to the central nervous system. These chemicals, trichloroethylene (TCE) and perchloroethylene (PCE), are used in various consumer and industrial products.
Under the Toxic Substances Control Act, EPA is authorized to evaluate and regulate the production, importation, use and disposal of chemical substances, including substances that are determined to present unreasonable risks to human health or the environment.
Both TCE and PCE are nonflammable chlorinated solvents that often serve as alternatives for one another in industrial and commercial processes. A risk analysis conducted by EPA found that TCE, which is used in automotive repair, furniture care products and degreasing agents, and PCE, an industrial solvent used in automotive repair, adhesives and dry-cleaning products, present an unreasonable risk of injury to human health or the environment, warranting this new regulatory ban.
EPA’s ban prohibits almost all uses of TCE and consumer uses of PCE over a period outlined in the Final Rule. Most TCE uses are prohibited within one year; however, the Final Rule allows for extensions for critical uses such as medical applications and aircraft maintenance.
While the Dec. 9, 2024, Final Rule prohibits the manufacturing, importing, processing, distribution and use of consumer applications of PCE, it allows for some industrial uses of PCE, such as defense, aviation and petrochemical manufacturing applications. The Final Rule allows for a 10-year limited exemption for certain emergency uses to further the mission of the National Aeronautics and Space Administration. Additionally, a 10-year phase-out period for the use of PCE in dry cleaning is included in the Final Rule, along with certain compliance measures, including strict protections for workers through the requirement of a Workplace Chemical Protection Program.
This ban will impose significant new challenges to entities that manufacture, process, distribute or dispose of TCE and PCE products. Workplace safety protocols will need to be re-evaluated, and manufacturing processes and infrastructure may need to be re-engineered in some circumstances. Manufacturers will need to seek alternatives to TCE and PCE and obtain appropriate approvals for such alternatives.
EPA will be hosting a webinar on Jan. 15, 2025, at 12:30 p.m. to 3:00 p.m. (EST) to provide an overview of the Final Rule and what it means for future compliance expectations.
