Biden-Harris Administration Proposes Trichloroethylene TCE Ban to Safeguard Public Health from Hazardous Chemical

On October 23, 2023, the U.S. Environmental Protection Agency (EPA) unveiled a major proposal aimed at prohibiting the use of trichloroethylene (TCE), an exceptionally dangerous chemical known to be associated with serious health risks, including cancer, neurotoxicity, and reproductive toxicity.

Background-

Trichloroethylene (TCE) is a substance found in various cleaning and furniture maintenance products, degreasers, brake cleaners, and tyre repair sealants. Several safer alternatives are readily available for most of these consumer applications. Commercially, TCE is used in vapor degreasing of components such as aircraft parts and machinery, as an intermediate in the production of specific refrigerants (which are already being phased out in the US), and in the production of battery separators for electric vehicles, transportation, security, and defense systems.

For decades, TCE contamination has plagued numerous communities, causing adverse health effects. This harmful substance is often found as a contaminant in soil and groundwater at Superfund sites. EPA has been actively involved in cleanup efforts, but the regulations proposed today, as part of the revamped 2016 Toxic Substances Control Act (TSCA), would potentially have spared many communities from the harmful effects of TCE exposure.

EPA's research has identified TCE as a causative agent of liver cancer, kidney cancer, and non-Hodgkin’s lymphoma. Moreover, TCE adversely affects the central nervous system, liver, kidneys, immune system, reproductive organs, and poses a threat to fetal development, even at minute concentrations. People residing near TCE production and use facilities face an elevated risk of developing these health conditions.

Proposal-

Under the Toxic Substances Control Act (TSCA), this initiative seeks to protect the public by prohibiting the manufacture, processing, and distribution of TCE for all uses. The proposed risk management rule will take effect within one year for consumer products and most commercial uses. It will also enforce strong protections for workers in the limited remaining commercial and industrial applications, with a longer phase-down period.

The anticipated reductions in exposure from this proposal aim to prevent cancer before it takes root, in line with President Biden’s Cancer Moonshot initiative.

Details of the Proposal-

EPA's proposed risk management rule would restrict most uses of TCE within a year, including its manufacture and processing for most commercial and consumer products. During this period, most individuals at risk of exposure to TCE such as workers in various sectors, consumers, and communities, will benefit from the protections in place. Safer alternatives are already available for most uses of TCE as a solvent

For limited uses of TCE, such as critical uses by federal agencies, the production of battery separators for electric vehicle batteries, and the manufacturing of specific refrigerants that are subject to national phase-down in favor of environmentally friendly alternatives, the proposal will grant an extended transition period. Strict worker protection measures will be mandated to minimize near-term exposures.

Furthermore, EPA's proposal includes provisions for essential laboratory use and proper disposal of TCE wastewater at sites with historic TCE contamination, extending up to 50 years, subject to workplace safety protocols.

The EPA is inviting public input on this proposed TCE rule for 45 days following its publication in the Federal Register via docket EPA-HQ-OPPT-2020-0642 at www.regulations.gov. The Agency also plans to conduct a public webinar for employers and workers to provide insight into the proposed regulatory measures.

This initiative represents a significant step towards safeguarding public health and promoting a cleaner, safer environment for all.