On December 17 and 18, 2024, the U.S. Environmental Protection Agency (EPA) issued new substance bans under Section 6 (a) of the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE) and perchloroethylene (PCE). The regulations came into effect on January 16 and 17, 2025, respectively (with corresponding transition periods).
All consumer applications and many commercial uses of PCE have been banned by the final EPA regulations, as have all uses of TCE. Under TSCA, the regulations also require worker protection measures (known as the workplace chemical protection program (WCPP)) for all other uses.
The final regulations provide for bans in a staggered timeframe, starting at the upper end of the supply chain: the manufacture (including import) of TCE as a substance will be banned from March 17, 2025. Beginning June 16, 2025, the ban on processing and distribution in commerce, including all products containing TCE, except for certain uses (see § 751.305(b)(2)) will be added.
The PCE ban, on the other hand, will not start until mid-2026, but as the substance is not yet regulated under REACH, manufacturers should ensure that they obtain the relevant material information from their suppliers in good time. Products containing TCE and PCE up to 0.1% by weight are exempt from the regulations.
The following is an overview of the three substances:
- Perchloroethylene (PCE) is a solvent that is widely used for consumer applications such as brake cleaners and adhesives, in commercial applications such as dry cleaning, and in many industrial settings. For example, PCE is used as a chemical intermediate in the manufacture of refrigerants and as a processing aid in petroleum refineries.
Perchloroethylene (PCE) is not listed in the REACH regulation. In 2014, the substance was evaluated in CoRAP and assessed as "No need for regulatory follow-up action". As it is suspected of being carcinogenic and hazardous to water, it is regulated in connection with occupational safety and transportation. - Trichloroethylene (TCE) is used in a variety of industrial, commercial and consumer applications, including industrial cleaning and degreasing, lubricants, adhesives and sealants, paints and coatings, car care products, cleaning and furniture care products and other miscellaneous products.
Under the REACH regulation, the substance has been on the candidate list since 2010 and has been subject to authorization since April 21, 2016 (Annex XIV, entry 15). TCE is also mentioned in various other regulations as it is classified as carcinogenic and a suspected mutagen. - Carbon tetrachloride (CTC) is a solvent used in industrial facilities as a raw material for the manufacture of other chemicals such as refrigerants, chlorinated compounds and agricultural products. There are no consumer applications of this chemical.
In addition, on December 18, 2024, the EPA finalized a rule to ban some already discontinued uses of carbon tertrachloride (CTC) and to establish robust workplace protections, including a workplace chemical protection program and mandated controls, for uses that are not banned to minimize unreasonable risk to human health. The regulation came into force on January 17, 2025. Carbon tetrachloride (CTC) is not listed under REACH, but is classified as a probable carcinogen and is regulated in some regulations related to occupational health and safety and transportation.
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Author
Fully qualified lawyer Inken Green
Product & Material Compliance Expert
TERMS AND ABBREVIATIONS
Regulation (EC) No. 1907/2006, also known as the REACH Regulation, came into force on June 1, 2007 and regulates chemicals in the EU. The term REACH stands for "Registration, Evaluation, Authorization and Restriction of Chemicals". As an EU regulation, REACH is binding and directly applicable in all member states.
TSCA: The Toxic Substances Control Act of 1976 is a key law for the regulation of chemicals in the USA. The Environmental Protection Agency (EPA), the US environmental authority, is responsible for implementing this law.
In 2016, the law was revised by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which introduced the EPA's obligation to assess the risk of high-risk substances. Since then, a number of substance restrictions and bans have been added.
CoRAP (Community Rolling Action Plan) is a procedure for implementing the EU chemicals regulation REACH.
