TSCA Tuesday: Prohibitions, Phase-outs for TCE and PCE

On December 6, US EPA announced final rulemakings to address the risks posed by two commonly used solvents—trichloroethylene (TCE) and perchloroethylene (PCE). The two rules are the latest example of new prohibitions and worker protection requirements stemming from the ongoing chemical risk evaluations mandated by the Toxic Substances Control Act (TSCA), as amended.

Note: Lion's TSCA Activity Tracker has been updated. 

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Trichloroethylene (TCE) Final Rule 

EPA's Final Rule for trichloroethylene (TCE):

• Prohibits manufacture/import, processing, and distribution in commerce of TCE for all uses, including all consumer uses, with timeframes for phasing out certain uses.
• Prohibits all industrial and commercial use, with timeframes to phasing out certain uses. 
• Prohibits disposal of TCE to publicly owned treatment works (POTWs).

The rule also creates new recordkeeping and downstream notifications requirements for TCE.

For several industrial and commercial uses of TCE, EPA is providing extended phase-out periods and/or multi-year exemptions for manufacture, processing, distribution in commerce, and/or use, including uses related to: 

• Cleaning/degreasing aircraft parts, medical device tubing, rocket engines, 
• Rocket booster nozzle production 
• Asphalt testing and recovery 
• Manufacturing battery separators 
• Manufacturing “specialty polymeric microporous sheet materials”  
• Essential laboratory activities and some R&D activities
• Military readiness and the US space program 

Compliance timeframes for these uses vary quite a bit—some uses will be permitted for 5 years, others for 7 years, or 8.5, or 10, or 15, or 20. There is even a 50-year phase out period for TCE used as a chemical in some essential laboratory activities. 

A pre-publication copy of the TCE rule text is available. 

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Perchloroethylene (PCE) Final Rule 

EPA’s Final Rule for perchloroethylene (PCE):

• Prohibits most industrial and commercial uses, as well as manufacturing, processing, or distributing PCE for those uses.
• Prohibits the manufacturing, processing, and distribution in commerce of PCE for all consumer use.
• Provides a 10-year phaseout period for manufacturing, processing, distribution in commerce, and commercial use in dry cleaning and spot cleaning. 

The Rule also mandates a Workplace Chemical Protection Program (WCPP) and/or requires worker protections for many non-prohibited occupational uses. It also establishes recordkeeping and downstream notification requirements for PCE. 

A pre-publication copy of the PCE rule text is available. 

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What’s Next?

EPA proposed and took public comments on TSCA restrictions for these three other chemicals in 2023-2024: 1-bromopropane, n-Methylpyrrolidone (NMP), and carbon tetrachloride.  EPA may finalize and publish one or more of those rules before the current administration wraps up. Read more: TSCA Section 6 Rules.   

Risk Evaluation of Asbestos (Part 2)—Legacy Uses and Disposals

On November 27, 2024, US EPA announced that Part 2 of the TSCA-mandated risk evaluation for asbestos is now complete. 

For Part 2 of the risk evaluation, EPA reviewed “legacy uses” of asbestos, such as use in floor and ceiling tiles, pipe wrap, and insulation in older homes. EPA also evaluated disposal of asbestos associated with legacy uses—e.g., disposal of insulation during renovation of an older building. 

Why a 2-Part Risk Evaluation for Asbestos?

EPA’s early work on the asbestos risk evaluation focused on chrysotile asbestos, the only type still in use.

In 2019, a US Court of Appeals ruled that EPA should have considered past uses of asbestos when evaluating the substance’s risks (Safer Chemicals Health Families v. EPA). After the ruling, EPA decided to issue the asbestos risk evaluation in 2 parts. 

Part 1 of the risk evaluation was concerned with chrysotile asbestos and was completed in December 2020. The evaluation led EPA to determine that asbestos poses an unreasonable risk to human health. The unreasonable risk finding led EPA to prohibit all ongoing uses of chrysotile asbestos, with phase out periods for certain products. The “part 1” Final Rule for asbestos also mandated employee protections and recordkeeping during phase-out periods. The Rule took effect in May, 2024.