In October 2023, EPA proposed to ban the manufacture (including import), processing, and distribution in commerce of TCE for all uses, with longer compliance timeframes and workplace controls (including an exposure limit) for some processing and industrial and commercial uses until the prohibitions come into effect. The rule would protect consumers, workers, occupational non-users and bystanders from the harmful health effects of TCE.
EPA’s proposed risk management rule would rapidly phase down manufacturing, processing, distribution, and use of TCE for all uses, most of which would be fully phased out in one year. For uses where a longer timeframe is necessary, EPA is proposing robust worker protections. For example, there are currently no alternatives to TCE use as a process solvent for battery separator manufacturing. For this use, which is critical to the economy and infrastructure, EPA is proposing a 10-year TSCA section 6(g) exemption from the prohibition to allow for continued battery separator manufacturing and sufficient time to investigate and adopt alternative solvents. During the time-limited exemption, companies would have to abide by a workplace chemical protection plan.
EPA is also proposing other phaseouts and exemptions, including a 10-year phaseout timeframe for use of TCE by Federal agencies in making rocket booster nozzles, and an additional time-limited exemption for critical or essential degreasing on Department of Defense vessels. Additional time-limited exemptions would support ongoing cleanup activities of past TCE contamination, such as disposal of TCE and its use in laboratories for essential activities. These longer phasedowns and exemptions would also require a workplace chemical protection plan in the interim, and, in some cases, requirements that alternatives be tested.
The proposed risk management rule is based on EPA’s November 2020 TSCA section 6 risk evaluation, as amended by the January 2023 final revised risk determination for TCE.
In the final revised risk determination, EPA determined that TCE presents an unreasonable risk of injury to human health under its conditions of use.