The U.S. Environmental Protection Agency published on September 17 an interim final action on the Regulation of Trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA) to revise certain compliance deadlines finalized in 2024.
Specifically, the EPA is amending the prohibition compliance date for the use of TCE as a processing aid in the manufacture of nuclear fuel to a prohibition on September 15, 2028.
The EPA is also amending the prohibition compliance date for the disposal of TCE to wastewater by processors of TCE to begin on December 18, 2026, amending the compliance deadline for downstream notification, and amending the text required in Safety Data Sheets.
The compliance deadline is being amended to allow for 90 days after the publication of the final rule for manufacturers, processors, and distributors in commerce of TCE to make such a change. The revisions are being made to address new information presented to the EPA concerning the facilities at issue will be unable to comply with the relevant requirements by the existing deadlines.
The EPA is requesting comments on all aspects of this interim final rule and will consider all comments received in determining whether amendments to this rule are appropriate after the conclusion of the comment period.
This interim final rule became effective on September 15. Comments must be received on or before October 17. Comments, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0642, can be sent to the Federal eRulemaking Portal.
TCE is a chlorinated solvent that may occur in dissolved form or as free product in groundwater as a dense non-aqueous phase liquid (DNAPL) that sinks in an aquifer. It is volatile and can form vapors that can migrate upward from the water table to infiltrate into below grade structures.
TCE is used in the manufacture of a refrigerant (HFC-134a) and to remove grease from metals. The EPA determined TCE to be carcinogenic to humans by all routes of exposure. It has been identified as a contaminant of concern in groundwater at more than 400 Superfund sites. In 2018, more than1000 facilities were still using TCE.