SG 76/23
US EPA publishes proposal to regulate perchloroethylene under TSCA. Comments will be accepted until August 15, 2023.
On June 16, the US Environmental Protection Agency (EPA) issued a proposed rule (88 FR 39652) in the Federal Register to regulate the use of the solvent perchloroethylene (Perc, CAS No. 127–18–4) under the Toxic Substances Control Act (TSCA). The proposal seeks to address the unreasonable risk of Perc to human health by amending 40 CFR 751 ‘Regulation of certain chemical substances and mixtures’, under section 6 of TSCA.
This comes after the EPA proposed a ban on methylene chloride, another solvent, in early May of this year (SG 56/23).
Perc, also known by the name Tetrachloroethylene, is a colorless liquid used in consumer and industrial applications such as the dry cleaning of fabrics, production of fluorinated compounds and aerosol degreasing. The EPA has determined significant adverse health effects associated with the use of Perc.
This proposed rule would include a prohibition on the manufacturing, processing, distribution in commerce and use of Perc for the following consumer and commercial uses:
- Prohibition on manufacturing (including import), processing and distribution in commerce of Perc for all consumer uses:
- In cleaners and degreasers (other)
- In automotive care products (brake cleaner)
- In automotive care products (parts cleaner)
- In aerosol cleaner (vandalism mark and stain remover)
- In non-aerosol cleaner (e.g., marble and stone polish)
- In lubricants and greases (cutting fluid)
- In lubricants and greases (lubricants and penetrating oils)
- In adhesives for arts and crafts (including industrial adhesive, arts and crafts adhesive, gun ammunition sealant)
- In adhesives for arts and crafts (livestock grooming adhesive)
- In adhesives for arts and crafts (column adhesive, caulk and sealant)
- In solvent-based paints and coatings (outdoor water shield (liquid))
- In solvent-based paints and coatings (coatings and primers (aerosol))
- In solvent-based paints and coatings (rust primer and sealant (liquid))
- In solvent-based paints and coatings (metallic overglaze)
- In metal (e.g., stainless steel) and stone polishes
- In inks and ink removal products
- In welding
- In metal mold cleaning, release and protectant products
- In dry cleaning solvent
- Prohibition of manufacturing (including import), processing, distribution in commerce and use of Perc for the following commercial uses
- As a processing aid in pesticide, fertiliser and other agricultural chemical manufacturing
- Speciality Department of Defense (DOD) uses (oil analysis and water pipe repair)
- Solvent-based paints and coatings
- Solvent for aerosol spray degreaser/cleaner
- Solvent for cold cleaning
- Other textile processing
- Wood furniture manufacturing
- Solvent for aerosol lubricants
- Wipe cleaning
- Other spot cleaning and spot removers, including carpet cleaning
- Automotive care products (e.g., engine degreaser and brake cleaner)
- Non-aerosol cleaner
- Metal (e.g., stainless steel) and stone polishes
- Foundry applications
- Welding
- Mold release
- Solvent for penetrating lubricants and cutting tool coolants
- Photographic film
- Inks and ink removal products (based on printing)
- Inks and ink removal products (based on photocopying)
- Metal mold cleaning, release and protectant products
- Industrial and commercial use in dry cleaning and spot cleaning post-2006 dry cleaning; and
- Industrial and commercial use in dry cleaning and spot cleaning (fourth and fifth- generation machines)
Per the proposal, the prohibitions would go into effect through a staggered timeline. Starting from the rule’s publication date, manufacturers would have 12 months to comply, processors 15 months, retail distributors 18 months, all other distributors (incl. retailers) 21 months and industrial and commercial users 24 months. At the same time, the proposal suggests a phaseout period of ten years for dry cleaning applications.
The rule would set in place a workplace chemical protection program (WCPP), which would include requirements to meet an inhalation exposure concentration limit and prevent direct dermal contact with Perc for 16 occupational conditions of use not prohibited. It would establish recordkeeping and downstream notification requirements and provide a 10-year time limited exemption for emergency uses of Perc by the National Aeronautics and Space Administration (NASA).
According to the proposed rule, comments will be accepted until August 15, 2023.
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