Introduction: New Bans on Hazardous Solvents

The U.S. Environmental Protection Agency (EPA) has finalized new regulations under the Toxic Substances Control Act (TSCA) to restrict two widely used chlorinated solvents: perchloroethylene (PCE) and trichloroethylene (TCE). The new rules, published in December 2024, follow extensive risk evaluations that determined both chemicals pose "unreasonable risks" to human health and the environment.

Perchloroethylene (PCE): A Neurotoxic and Carcinogenic Risk

PCE, commonly used in dry cleaning, adhesives, and brake cleaners, has been linked to severe health risks, including neurotoxicity and potential carcinogenic effects. It is now subject to a near-total ban, with phased-out uses scheduled over the next several years.

Trichloroethylene (TCE): A Persistent Health Hazard

TCE, employed in industrial degreasing and manufacturing refrigerants, is known for causing neurotoxicity, immunosuppression, and reproductive toxicity, along with various cancers. The EPA's new regulations impose a complete ban on all uses of TCE, except for a few narrow exceptions.

PCE: Gradual Phase-Out with Certain Exemptions

The final rule for PCE introduces a structured timeline for the chemical’s phase-out, with most consumer uses to end by 2026. Industrial and commercial uses will be banned by 2027, though certain uses will be allowed to continue under strict workplace safety controls, such as the implementation of a Workplace Chemical Protection Program (WCPP).

Key PCE phase-out dates include:

• June 11, 2026: Ban on manufacturing and distribution for consumer use.
• March 8, 2027: Full ban on most industrial and commercial uses.

TCE: Complete Ban with Few Exceptions

TCE will face a more immediate and widespread ban, with most uses prohibited by 2025. Specialized applications, such as TCE used for lithium battery production or refrigerant manufacturing, will have extended phase-out periods, some lasting until 2033 and beyond.

Key TCE phase-out dates include:

• March 17, 2025: Ban on all manufacturing of TCE.
• September 15, 2025: Prohibition on most industrial and commercial uses of TCE.

Workplace Safety Measures and Chemical Exposure Limits

Both rules introduce stringent safety measures for remaining uses of PCE and TCE. Companies will be required to develop and implement a WCPP, including exposure monitoring, safety training, and personal protective equipment (PPE). The EPA has set specific exposure limits for both chemicals, ensuring worker safety even during the phase-out periods.

For PCE, the exposure limit is set at 0.14 parts per million (ppm), significantly lower than OSHA’s permissible exposure limit. TCE’s interim exposure limit is set at 0.2 ppm.

Export, Import, and Recordkeeping Requirements

Under the new rules, both PCE and TCE are subject to strict export and import controls. Manufacturers and processors must comply with TSCA’s notification provisions, ensuring that all parties are aware of the new restrictions. Companies will also be required to maintain detailed records of their compliance efforts, starting in 2025.

What’s Next? Potential Challenges and Guidance for Compliance

Although the new rules are set to take effect before the upcoming presidential inauguration, they may face challenges under the Congressional Review Act or judicial review. EPA plans to issue further guidance in the coming months to help businesses comply with the complex new regulations.

Companies involved with PCE and TCE should begin evaluating their operations and prepare for the significant changes ahead, including potential legal and regulatory shifts under the incoming administration.

Conclusion: A Major Step in Protecting Health and the Environment

The EPA’s decision to ban or severely restrict PCE and TCE marks a significant milestone in environmental and public health protection. As the phase-out progresses, the industry must adhere to these new safety and compliance standards to ensure a safer, healthier future for workers and the environment.