The US Environmental Protection Agency (EPA) has finalised rules banning two common solvents used for purposes like dry cleaning, stain removal and automotive repair that have been linked to cancer. The EPA’s action, announced on 9 December, prohibits all uses of trichloroethylene (TCE) as well as all consumer uses and many commercial uses of tetrachloroethylene (PCE). The agency had first proposed a ban on all uses of TCE in October last year.
The EPA notes that even at very small concentrations, TCE can cause various cancers as well as damage to the central nervous system, immune system, and other organs. The agency will now prohibit all uses of the chemical, most of which will be banned within one year. Under the agency’s new regulations, all TCE uses with longer phaseout timeframes will have worker safety requirements, including an inhalation exposure limit. The EPA states that safer alternatives are readily available for the majority of uses.
Meanwhile, the EPA says that PCE is also linked to several cancers and can cause damage to the kidney, liver and immune system. The chemical is also a known neurotoxin and can cause adverse effects on fertility.
The EPA notes that PCE can biodegrade into TCE, and it may contain trace amounts of TCE as an impurity or a contaminant. However, for many uses of TCE that will be now totally prohibited, the agency suggests that PCE can be used as a substitute as long as appropriate safety measures are taken. Such applications include asphalt testing, the manufacture of refrigerants and vapour degreasing.
Jonathan Kalmuss-Katz, an attorney for US-based environmental nonprofit Earthjustice, estimates that the new rule will ban less than 20% of the current production volume of PCE, allowing the largest PCE uses to continue indefinitely. While the new regulations establish occupational exposure limits to protect workers who will remain exposed to PCE, they do not limit environmental releases of PCE or include protections for fenceline communities, he noted.
‘The last thing we want is for industry to replace prohibited uses of TCE with PCE, swapping one toxic threat for another,’ Kalmuss-Katz warned. ‘But the narrower scope of the PCE ban opens the door to that very substitution, leaving workers and impacted communities at risk.’
The Alliance for Chemical Distribution (ACD), which represents US chemical distributors, is disappointed with the EPA’s decision to completely ban TCE, arguing that certain uses should be allowed.
‘For example, TCE is a critical component in the manufacturing process of lithium and lead–acid battery separators,’ states ACD’s senior vice president of regulatory affairs, Jennifer Gibson. ‘Lead–acid batteries and lithium batteries power our daily lives, and a reduction in this sector will have cascading impacts on the transportation, defense, and energy sectors.’
TCE has been widely used in many industries, from metal degreasing, refrigerants, paints, lubricants, and sealants, explains Lynn Kornfeld, a partner at the Denver, Colorado-headquartered law firm Holland & Hart. Due to historic uses, it is a contaminant of concern at many cleanup sites, she adds.
‘Going forward, companies will have to identify those products or manufacturing processes that utilise TCE and identify and source alternatives,’ Kornfeld advises. She says there are potential replacements already on the market, but companies will have to determine which of those are most suitable for their operations or products.
Several companies are currently selling proprietary brand name products that purport to be suitable replacements for TCE as fast-drying degreasers or cleaners, Kornfeld notes.
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