EPA Delays New Chemical Safety Rule

The final rule, issued in December 2024, aims to prohibit most uses of TCE, a chemical linked to kidney cancer, liver damage, and fetal heart defects. The ban was set to phase out manufacturing, processing, and distribution for the majority of commercial and all consumer products within a year. This series of delays centers on exemptions for a few specific industrial applications, including the manufacturing of battery separators, cleaning of aerospace and medical device components, and the production of refrigerants. For these uses, the EPA has permitted extended phase-out periods, contingent on companies implementing stringent new workplace chemical protection plans. The core of the dispute lies in legal challenges from industry groups, including the Alliance for a Strong U.S. Battery Sector. Petitioners argue that the required inhalation exposure limit of 0.2 parts per million is infeasible with current technology and that the necessary personal protective equipment would disrupt operations. This regulatory friction is occurring under the framework of the Toxic Substances Control Act (TSCA), which empowers the EPA to regulate new and existing chemicals. The ongoing legal battles and resulting postponements highlight the inherent tension in the TSCA process between public health protection and the operational realities of manufacturers reliant on specific chemicals. The EPA has indicated it intends to reconsider the final rule's exposure limits through a new notice-and-comment rulemaking process. This signals that while the broader ban on TCE remains in place, the specific compliance requirements for exempted industries are subject to further negotiation and potential revision, extending the period of uncertainty for affected manufacturers. Trichloroethylene is primarily used as a solvent for metal degreasing in sectors like automotive and aerospace manufacturing and as an intermediate in the production of other chemicals like refrigerants. Its effectiveness at cleaning oils and greases without damaging metal has made it a long-standing component in many industrial processes. The health risks associated with TCE are significant; the EPA classifies it as a human carcinogen by all routes of exposure. Beyond cancer, exposure is linked to neurological damage, immune system suppression, and developmental harm, making its widespread industrial use a key target for regulators.