Alert

EPA’s Ban on TCE and PERC: A Historic Regulatory Milestone

December 18, 2024

On December 9, 2024, the U.S. Environmental Protection Agency (EPA) issued a landmark rule banning trichloroethylene (TCE) and perchloroethylene (PERC), two widely used industrial solvents associated with significant health risks, including cancer and neurological damage. The ruling, finalized under the Toxic Substances Control Act (TSCA), marks a pivotal step in public health protection, impacting industries such as dry cleaning, automotive, and manufacturing. The background, implications, and reactions surrounding the ban are sure to have far-reaching and lasting implications.

Introduction

TCE and PERC have long been integral to industrial and commercial applications, particularly as solvents in dry cleaning, metal degreasing, and chemical production. Despite their utility, mounting evidence of their adverse health effects—including carcinogenicity, liver and kidney damage, and neurotoxicity—prompted stringent regulations. The EPA’s December 9, 2024, decision represents a culmination of years of research, advocacy, and regulatory efforts to mitigate the human and environmental risks posed by these chemicals.

Regulatory Background

The ruling follows the EPA’s 2020 and 2022 risk evaluations, which identified TCE and PERC as chemicals posing “unreasonable risks” under the conditions of their use. These findings were supported by independent studies linking exposure to increased rates of liver, lung, and esophageal cancers, as well as groundwater contamination. The rule is part of a broader Biden-Harris Administration initiative to strengthen chemical safety laws and ensure environmental justice for vulnerable communities disproportionately affected by toxic chemical exposure.

The rule, however, will allow the chemical to be used in certain settings that the EPA has said may be critical for aviation, infrastructure, and national security. This includes petrochemical manufacturing, chemical milling, energized electrical cleaning, agricultural chemical manufacturing, and more. The finalized rule comes as the incoming Trump administration is expected to overhaul a number of previously approved EPA rules and regulations, as many Republicans have accused the agency of overreach.

Key Provisions of the Rule

The rule includes:

1. Comprehensive Ban: Prohibiting the manufacture, import, processing, and distribution of TCE and PERC across all industries.

2. Worker Protection Measures: Allowing extended compliance deadlines for specific industrial uses under strict workplace controls.

3. Dry Cleaning Phase-Out: Mandating a complete cessation of PERC use in dry cleaning within two years, encouraging the adoption of safer alternatives.

4. Public Awareness Campaigns: Informing affected businesses and communities about safer substitutes and compliance strategies.

Health and Environmental Impacts

Human Health

Both TCE and PERC have been classified as carcinogens by the International Agency for Research on Cancer (IARC). Chronic exposure is linked to neurological disorders, developmental toxicity, and immune system impairments. Populations living near industrial facilities using these chemicals are at heightened risk due to air and water contamination.

Environmental Concerns

TCE and PERC are persistent in soil and water, contributing to long-term environmental degradation. Contaminated groundwater has necessitated costly remediation efforts, with significant implications for public water systems and ecosystems.

Industrial Implications

While the ban is celebrated as a victory for public health, it poses challenges for industries reliant on these solvents. The dry-cleaning sector, for instance, must transition to alternative technologies, such as liquid carbon dioxide and professional wet cleaning. Metalworking industries will also need to adopt safer degreasing agents.

The EPA has pledged to assist small businesses in navigating these transitions, including funding for research into greener alternatives and tax incentives for early compliance.

Public and Industry Reactions

Advocacy Groups

Environmental and public health organizations have hailed the decision as a historic win for communities exposed to chemical pollution. Groups like Earthjustice and Toxic-Free Future have highlighted the role of grassroots activism in securing the ban.

Industry Stakeholders

Industrial associations have expressed concerns over compliance costs and the feasibility of implementing alternatives within the mandated timelines. In comments submitted to the agency, the Dry Cleaning and Laundry Institute and the National Cleaners Association said that “any future decision to reduce or phase out the use of PCE in dry-cleaning will put an oppressive burden on thousands of cleaners.” However, some companies have welcomed the clarity provided by the regulation, which levels the playing field and accelerates innovation in safer chemical solutions.

The Takeaway

The EPA’s ban on TCE and PERC underscores the agency’s commitment to prioritizing public health and environmental safety over industrial convenience. While challenges remain in achieving full compliance, the rule sets a precedent for the regulation of other hazardous chemicals. Continued collaboration between regulators, industries, and advocacy groups will be essential to ensure a seamless transition to safer practices and a healthier future.

References

1. U.S. EPA. (2024). Risk Management for Trichloroethylene (TCE). EPA.gov

2. U.S. EPA. (2024). Biden-Harris Administration Announces Latest Actions Under TSCA. EPA News

3. Toxic-Free Future. (2024). EPA Finalizes Rule to Ban TCE. Toxic-Free Future

4. The New York Times. (2024). E.P.A. Bans Perc and T.C.E. NYTimes