EPA Issues Final Rules for TCE, CTC and PCE Under TSCA Section 6

By Chelsea Anderson, senior regulatory specialist, Supply Chain team, UL Solutions

The Toxic Substances Control Act (TSCA) requires that the U.S. Environmental Protection Agency (EPA) address by rule any unreasonable risk of injury to health or the environment identified in a TSCA risk evaluation and apply requirements to the extent necessary so that the chemical no longer presents unreasonable risk.

On Dec. 17, 2024, the EPA issued a final rule to regulate trichloroethylene (TCE). TCE is an immunotoxicant and developmental toxicant and is carcinogenic to humans by all routes of exposure. It is a volatile organic compound used mostly in industrial and commercial processes but also in consumer products such as cleaners, furniture care products, automotive care products, paints, coatings and others.

The EPA will prohibit the manufacturing (including importing), processing and distribution in commerce of TCE for almost all its uses over a staggered time frame with some exceptions. Manufacturing TCE for consumer, industrial and commercial uses is prohibited after March 17, 2025. Processing and distributing TCE for consumer, industrial and commercial uses is prohibited after June 16, 2025. Industrial and commercial uses of TCE are prohibited after Sept. 15, 2025. Products containing TCE up to 0.1% by weight are excluded from this regulation.

On Dec. 18, 2024, the EPA issued a final rule to regulate the use of carbon tetrachloride (CTC). While there are no consumer uses of this chemical, it is used in commercial settings as a raw material for producing other chemicals like refrigerants, chlorinated compounds and agricultural products. Some uses of CTC will still be permitted, but banned use includes its use as an additive in fuel and plastic components in the automotive industry. For most uses that continue, the rule requires measures to protect workers including a Workplace Chemical Protection Program (which includes inhalation exposure limits and dermal protections) and prescriptive controls. This final rule is effective on Jan. 17, 2025. Please see the reference link below for more information on specific dates for the rule’s different requirements.

Also on Dec. 18, 2024, the EPA issued a final rule to regulate the use of perchloroethylene (PCE). The rule bans many uses of PCE and establishes workplace controls, including a Workplace Chemical Protection Program and prescriptive controls, for those uses not prohibited. The prohibitions and restrictions do not apply to products containing PCE at thresholds less than 0.1% by weight. According to the EPA’s website, “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.” An example of a restriction included in this rule is the 10-year phaseout for the use of PCE in dry cleaning. The use of PCE in newly acquired dry-cleaning machines will be prohibited after six months. Compliance dates for machines that are already owned vary depending on the type of the dry-cleaning machine used, with older types of machines being phased out sooner than newer ones.

For more information about these three risk management rules, please see the reference links below.

References

EPA Final Rule: Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)

EPA Final Rule: Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA)

EPA Final Rule: Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)