EPA Bans Use of Two Chemicals Used in Automobile, Drycleaning, and Manufacturing Industries

On December 9, 2024, the U.S. Environmental Protection Agency (“EPA”) banned the use of trichloroethylene (“TCE”) and perchloroethylene (“PCE”), two chlorinated solvents frequently used in the automotive repair, dry cleaning, refrigerant, and manufacturing industries. The phase out of the uses of the chemicals has been ongoing for years, and safer alternatives are readily available for the majority of TCE and PCE uses. These chemicals are known to cause cancer and serious illnesses. TCE and PCE can be found in the soil and groundwater associated with the industries that use them. The bans are intended to help protect workers in those industries, consumers of products containing the chemicals, and residents who live near industries using them. 
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The latest risk management rules for TCE and PCE under the 2016 Toxic Substances Control Act (“TSCA”) amendments have now been finalized and will affect all uses of TCE, most of which will be prohibited within one year. Some of the exemptions associated with longer timeframes are to avoid impacts to national security and critical infrastructure, and to allow reasonable transition times to alternatives. The rules also require companies to rapidly phase down manufacture, processing, and distribution of PCE, the majority of which will be fully phased out within three years. However, the rules do provide stringent, achievable controls for continuing uses of PCE in highly sophisticated workplaces that may be important for national security, aviation, critical infrastructure, and efforts to combat the climate crisis. To allow for continuing remediation at TCE and PCE contaminated sites, the rules allow essential laboratory use and proper disposal of TCE and PCE wastewater for 50 years. Should you have questions, please feel free to contact us for more information.