Biden Harris Administration Announces Latest Actions under Nation’s Chemical Safety Law to Protect People from Cancer Causing Chemicals Trichloroethylene and Perchloroethylene

Biden-Harris Administration Announces Latest Actions under Nation's Chemical Safety Law to Protect People from Cancer-Causing Chemicals Trichloroethylene and Perchloroethylene

Final EPA rules ban all uses of TCE, all consumer uses and many commercial uses of PCE, require worker protections for all remaining uses under the Toxic Substances Control Act

December 9, 2024

WASHINGTON-Today, Dec. 9, the U.S. Environmental Protection Agency (EPA) finalized the latest risk management rules for trichloroethylene (TCE) and perchloroethylene (PCE) under the bipartisan 2016 Toxic Substances Control Act (TSCA) amendments, marking another major milestone for chemical safety after decades of inadequate protections and serious delays. These protections align with President Biden's Cancer Moonshot, a whole-of-government approach to end cancer as we know it.

TCE is an extremely toxic chemical known to cause liver cancer, kidney cancer, and non-Hodgkin's lymphoma. TCE also causes damage to the central nervous system, liver, kidneys, immune system, reproductive organs, and fetal heart defects. These risks are present even at very small concentrations. Under today's rule, all uses of TCE will be banned over time (with the vast majority of identified riskseliminated within one year), and safer alternatives are readily available for the majority of uses.

PCE is known to cause liver, kidney, brain and testicular cancer, as well as damage to the kidney, liver and immune system, neurotoxicity, and reproductive toxicity. Today's final rule will better protect people from these risks by banning manufacture, processing and distribution in commerce of PCE for all consumer uses and many commercial uses, while allowing some workplace uses to continue only where robust workplace controls can be implemented.

"It's simply unacceptable to continue to allow cancer-causing chemicals to be used for things like glue, dry cleaning or stain removers when safer alternatives exist," said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. "These rules are grounded in the best-available science that demonstrates the harmful impacts of PCE and TCE. EPA continues to deliver on actions that protect people, including workers and children, under the nation's premier bipartisan chemical safety law."

PCE and TCE are both nonflammable chlorinated solvents that are volatile organic compounds. PCE can biodegrade into TCE, and PCE may contain trace amounts of TCE as an impurity or a contaminant. The chemicals can often serve as alternatives for each other. For several uses of TCE that will be totally prohibited, there is an analogous use of PCE that can continue safely in perpetuity under workplace controls. Some examples of uses that will be prohibited under the TCE rule, but will continue under the PCE rule include: industrial and commercial use as an energized electrical cleaner, in laboratory use for asphalt testing and recovery, use to make refrigerants and other chemicals, and for vapor degreasing.

"Over 40 years ago, a mother named Anne Anderson from Woburn, Massachusetts, approached me and started a crusade to keep any more children like Jimmy Anderson, her son, from dying from cancer caused by toxic chemicals. Anne's work directly led to this announcement from the Environmental Protection Agency that I am overjoyed to celebrate today alongside her and every community that stands to benefit-a finalized ban on trichloroethylene and most uses of perchloroethylene, two chemicals that cause cancer, affect reproductive systems, are neurotoxic, and compromise immune systems," said Senator Ed Markey (D-MA). "Despite their dangers, these chemicals could still be found in industries like dry cleaning, automotive repair and manufacturing. With no doubt that these chemicals are deadly, there is no doubt that this final rule will save lives-especially our children's lives-around the country."

"The Camp Lejeune contaminated drinking water issue has dragged on over the better part of forty years ever since TCE, PCE and other organic solvents were first documented in the base's drinking water supply in October 1980," said Jerry M. Ensminger, Retired U.S. Marine Corps Master Sergeant. "My daughter, Janey, was conceived aboard Camp Lejeune during the drinking water contamination and died of leukemia in 1985, at the age of nine. I first began my fight for justice in 1997, and was later joined by Mike Partain in 2007, who was also conceived aboard the base and diagnosed with male breast cancer at the age of 39. Mike and I welcome this ban on TCE by the EPA and this is proof that our fight for justice at Camp Lejeune was not in vain."

Trichloroethylene

TCE 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, and is also used in the manufacture of some refrigerants. Safer alternatives are readily available for the majority of these uses.

EPA is finalizing its prohibition on all uses of TCE, most of which will be prohibited within one year, including TCE manufacture and processing for most commercial and all consumer products. This will protect most people who are likely to be exposed to TCE from uses covered by TSCA, including all consumers and workers in many sectors and many communities.

A limited number of uses in the workplace will be phased out over a longer period. Those uses will only continue with required stringent worker protections in place. All TCE uses with longer phaseout timeframes will have worker safety requirements, such as a Workplace Chemical Protection Plan that includes an inhalation exposure limit. The final rule sets a different inhalation exposure limit for airborne TCE than was proposed. This change was made in response to public comments to ensure the limit is feasible to implement and monitor while still reducing risk. EPA estimates that the new inhalation exposure limit would reduce long-term workplace exposure by 97%.

Many of the TCE uses that are continuing for longer than one year occur in highly industrialized settings that can adopt EPA's new stringent worker protections, such as uses of TCE to clean parts used in aircraft and medical devices, to manufacture battery separators, to manufacture refrigerants, as well as in other transportation, security and defense systems.

For the use of TCE in manufacturing refrigerants, the longer timeframe supports fighting climate change by complementing efforts to phase down climate-damaging hydrofluorocarbons under the bipartisan American Innovation and Manufacturing Act.

All of these uses ultimately will be prohibited, but some of the exemptions associated with longer timeframes are necessary to avoid impacts to national security or critical infrastructure. In addition, some of the timeframes have been adjusted from the proposed rule based on public comment to allow reasonable time for transitioning to alternatives.

Further, to support cleanup activities at sites of past TCE contamination (e.g., Superfund sites), EPA is allowing essential laboratory use and proper disposal of TCE wastewater to continue for 50 years provided worker protections are in place, including the inhalation exposure limit set by today's rule.

Learn more about the TCE rule.

Perchloroethylene

PCE is a solvent that is widely used for consumer uses such as brake cleaners and adhesives, in commercial applications such as dry cleaning, and in many industrial settings. Safer alternatives are readily available for the majority of these uses.

EPA is finalizing a 10-year phaseout for the use of PCE in dry cleaning to eliminate the risk to people who work or spend considerable time at dry cleaning facilities. Use of PCE in newly acquired dry-cleaning machines will be prohibited after sixmonths. Compliance dates for machines that are already owned will vary depending on the type of the dry-cleaning machine used, with older types of machines being phased out sooner than newer ones. Many dry cleaners have already begun this transition. This timeline is unchanged from the proposed rule.

EPA's final risk management rule requires companies to rapidly phase down manufacturing, processing and distribution of PCE for all consumer use and many uses at industrial and commercial workplaces, most of which will be fully phased out in less than three years. For most of the uses of PCE that EPA is prohibiting, EPA's analysis found that alternative products with similar costs and efficacy to PCE are reasonably available.

The rule also finalizes stringent, achievable controls for continuing uses under a Workplace Chemical Protection Program. These rules generally occur in highly sophisticated workplaces that may be important to national security, aviation and other critical infrastructure, as well as uses that complement the agency's efforts to combat the climate crisis. These uses include:

• Use in the production of other chemicals, including refrigerant chemicals that may complement efforts to phase down climate-damaging hydrofluorocarbons under the bipartisan American Innovation and Manufacturing Act.
• Use in petrochemical manufacturing.
• Use in agricultural chemical manufacturing (originally proposed to be prohibited).
• Use for cold cleaning of tanker vessels (originally proposed to be prohibited).
• Use as maskant for chemical milling.
• Use as a vapor degreasing solvent.
• Use in adhesives and sealants.
• Use in energized electrical cleaning (originally proposed to be prohibited).
• Processing into formulation, mixture or reaction products.
• Import, recycling, disposal, processing by repackaging and domestic manufacturing of PCE.

In response to public comments on the proposed rule, most workplaces now have 30 months instead of 12 months to fully implement the Workplace Chemical Protection Program. EPA also revised several other aspects from the proposal to strengthen and clarify aspects of the Workplace Chemical Protection Program, including monitoring requirements. EPA also ensured the employees' designated representatives, such as labor union representatives, have access to occupational exposure monitoring and records.
Learn more about the PCE rule.

Additional Information

As a follow-up to consultations with small businesses, EPA plans to release compliance guidance for the use of PCE in dry cleaning and energized electrical cleaning in the coming months, as well as for the TCE rule. President Biden's Fiscal Year 2025 budget requested funding to support small business efforts to transition to TSCA-compliant practices and mitigate economic impacts. If implemented, these grants could be used to support small businesses like dry cleaners in their transition away from PCE.

EPA will host a public webinar to explain what is in the PCE final rule and how it will be implemented on Wednesday, Jan.15, 2025, at 12:30 p.m. EST. Registration is available on the Final Regulation of Perchloroethylene under TSCA webinar page.

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