The U.S. Environmental Protection Agency (EPA) has taken significant steps to address two potentially harmful chemicals, trichloroethylene (TCE) and perchloroethylene (PCE), through comprehensive new regulations announced on December 9, 2024. These rules, implemented under the Toxic Substances Control Act (TSCA), represent a major milestone in chemical safety and could have far-reaching implications for businesses across multiple industries.
Health Risks and Regulatory Approach
The EPA’s actions stem from extensive scientific evidence linking TCE and PCE to serious health risks, including various types of cancer. TCE has been associated with liver, kidney, and lymphoma cancers, while PCE has been linked to cancers of the liver, kidney, brain, and testicles. The regulations aim to dramatically reduce human exposure to these chemicals by implementing phased bans and strict workplace protections.
Key Regulatory Highlights
Trichloroethylene (TCE) Restrictions
- Complete ban on most TCE uses within one year
- Elimination of consumer and most commercial product applications
- Stringent worker protection requirements for remaining industrial uses
- 97% reduction in long-term workplace exposure anticipated
Perchloroethylene (PCE) Phase-Out
- 10-year phase-out for dry cleaning applications
- Prohibition of PCE in new dry-cleaning machines within six months
- Rapid reduction of consumer and many industrial uses
- Continued use in select industrial settings with strict workplace controls
Potential Business and Legal Implications
The new regulations present several critical considerations for businesses:
- Compliance Challenges: Companies using TCE or PCE will need to:
- Identify alternative chemicals and processes
- Implement robust workplace protection programs
- Potentially redesign manufacturing or cleaning processes
- Potential Liability Considerations:
- Increased regulatory scrutiny of chemical use
- Enhanced documentation requirements
- Potential future litigation risks related to historical chemical exposure
- Transition Support:
- EPA plans to release compliance guidance
- Potential small business grants to support transition
- 30-month implementation window for many workplace protections
Historical Context
The regulations have roots in long-standing advocacy, including the story of Anne Anderson from Woburn, Massachusetts, and the Camp Lejeune water contamination issue. These personal stories of chemical exposure and resulting health impacts have been instrumental in driving regulatory change.
Looking Forward
These rules align with President Biden’s Cancer Moonshot initiative and represent a significant step towards reducing chemical-related health risks. Businesses will need to proactively adapt to these new regulations, potentially working with legal and environmental experts to ensure smooth transitions.
The EPA will host a public webinar on January 15, 2025, to provide further details on implementation, particularly for the PCE regulations.
For businesses navigating these complex new regulations, early preparation and strategic compliance planning will be key to mitigating potential legal and operational risks.
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