EPA’s New Rules on TCE and PCE: Understanding the Impact on Drinking Water and Industry
Jan 23, 2025The EPA bans TCE and PCE
Cancer-causing chemicals have been used widely in industry for many years
The United States Environmental Protection Agency (EPA) has banned the use of two commonly used solvents: trichloroethylene (TCE) and perchloroethylene (PCE). Under the Toxic Substances Control Act, the EPA is authorized to evaluate and regulate the production, importation, use, and disposal of chemical substances, including all substances that are determined to present unreasonable risks to human health or the environment.
The final rules covering both PCE and TCE were published in the Federal Register on December 17, 2024. One rule bans the manufacture, processing, and distribution of PCE for all consumer uses and many commercial uses. Where the use of PCE is permitted, the business must implement vigorous workplace controls. In a separate rule for TCE, all uses will be banned over time, with most eliminated within one year. There are a limited number of situations where continued use of TCE is permissible — notably medical applications and aircraft maintenance — albeit under strict safety protocols.
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. PCE has been linked to liver, kidney, brain, and testicular cancer, as well as damage to the liver, kidney, and immune systems.
Where are TCE and PCE used?
TCE has been one of the most widely used solvents in industry for decades. It’s a colorless volatile organic compound used as a solvent in cleaning products, degreasers, brake cleaners, sealants, lubricants, adhesives, paints, coatings, and arts-and-crafts spray coatings.
Because it is so broadly used, TCE has been shown to be a significant contaminant in drinking water. According to the United States Centers for Disease Control and Prevention’s Agency for Toxic Substances and Disease Registry, between 4.5 and 18 percent of the drinking water sources in the United States have some degree of TCE contamination.
PCE — also called PERC — is a solvent used in brake cleaners, adhesives, dry cleaning, and many industrial settings. It can be found in water repellents, silicone lubricants, spot removers, wood cleaners, and glues. More than 5 percent of the United States population uses water from community systems with a PCE concentration exceeding government standards.
Camp Lejeune, a Marine Corps base in North Carolina, has made national headlines in recent years as a locus of TCE contamination. According to a study of the thousands of service members stationed there from 1975 through 1985, the risk of Parkinson’s Disease was 70 percent higher at Camp Lejeune compared with veterans stationed at a Marine Corps base where water was not contaminated. These illnesses lead to hundreds of thousands of claims against the federal government.
PCE phaseout
The rule specifies a three-year phaseout for most commercial and industrial uses of PCE. The EPA is currently finalizing a 10-year phaseout for the dry-cleaning industry. Compliance dates are based on the date an owner purchased a machine that uses the chemical. In the press release announcing the ban, the EPA said that many dry cleaners have already started to transition to other chemicals and that using PCE in new machines would be banned after six months.
After 3 years, almost all uses of PCE will be fully phased out. The EPA has identified alternative chemicals with similar costs and efficacy to replace most prohibited uses.
The EPA has also finalized an exposure limit of 0-.14 ppm at an eight-hour time-weighted average. When PCE use is important for national security applications—or in other critical applications in aviation, petrochemical manufacturing, and adhesives—the rule allows for continued use if a Workplace Chemical Protection Program (WCPP) is in place.
Workplace controls and responsibilities
The EPA has established strict workplace controls for TCE and PCE and has endeavored to make its WCPP rules consistent with OSHA requirements. However, the EPA acknowledges that regulating workplace safety and health under the WCPP may be inconsistent with OSHA’s jurisdiction over all things related to occupational safety and health. In particular, the EPA’s rules for both TCE and PCE include significant recordkeeping and reporting obligations and onerous downstream notification requirements.
- Manufacturers and Processors must maintain detailed records of TCE and PCE usage and manufacturing, including quantities manufactured, processed, and distributed. These records must be kept for at least five years.
- All entities distributing TCE and PCE are required to provide downstream notification. Downstream users must be informed about restrictions and provided with safety data sheets outlining the hazards and safe handling practices.
- A Workplace Chemical Protection Program must be implemented for PCE. This program includes developing a detailed written exposure control plan, identifying, monitoring, and controlling worker exposure, providing personal protective equipment (PPE), and conducting regular training.
- Annual Reports must be submitted to the EPA detailing compliance with the new regulations, including any incidents of non-compliance and corrective actions taken.
Additional guidance
Over the next few months, the EPA plans to release compliance guidance for the use of PCE in dry cleaning and energized electrical cleaning and for compliance with the TCE rule. Funding may also be available to help small businesses transition to TSCA-compliant practices.
It should also be noted that federal agencies are making a significant post-election push to finish and finalize major agenda items before January 20, 2025. Employers, manufacturers, and processors should know that the final rule will still be subject to the Congressional Review Act. Even though numerous advocacy organizations—like the Environmental Working Group—have been supporting such bans for many years, it is certainly possible that the incoming Senate could overturn them.
If you have any questions or concerns about how these rules will impact your business — or if you have received a citation for any reason — don’t hesitate to contact Orr & Reno for assistance.
