If you have worked in the environmental business for more than one week, then you have likely run across Trichloroethylene (TCE) – a super solvent that is very useful and ubiquitous in industry, but due to past management practices, is a common environmental contaminant.
The future of TCE, at least for degreasing purposes, may be coming to an end – or is it? Under the amended Toxic Substance Control Act (TSCA) through the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the Environmental Protection Agency has proposed a restriction that would no longer allow TCE to be used for degreasing purposes.
In Favor and Opposed to TCE Restriction
Environmental groups such as Environmental Defense Fund, are supportive of the proposed ban of TCE for vapor degreasing. Other groups, including the Small Business Administration, are requesting that the US Environmental Protection Agency reconsider this action.
What is the EPA Proposing?
In the Fact Sheet on Trichloroethylene, the EPA states, “In January 2017 and December 2016, EPA published two proposed rules under section 6(a) of the Toxic Substances Control Act (TSCA), one to ban commercial use of TCE in vapor degreasing, and the other to ban use of TCE in commercial and consumer aerosol degreasing and as a spot cleaner in dry cleaning. With these actions, EPA is proposing to prohibit the manufacture (including import), processing, and distribution in commerce and to prohibit commercial use of TCE for these purposes.”
According to Business and Legal Reports, most of the TCE (~85%) that is in use in the United States is used as an intermediate chemical for manufacturing the refrigerant HFC 134a. That still leaves about 15% of the 255 million pounds, plus or minus, of TCE that is used for degreasing and other uses.
Those using TCE for degreasing purposes would have to find another source within 18 months after the final rule is published. Thus far, according to many industry groups, the other alternatives are costly, may be very water intensive, and are generally incompatible with customer specifications, including the US Military, which requires products be cleaned with TCE.
However, it’s worth noting that the proposed TCE restrictions were made under the previous administration. With the current administration taking a very different view of regulations, the future of this rule is uncertain.
If you have questions about environmental regulatory issues, please call our office at 248-932-0228.