What: On December 18, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule to restrict using perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). PCE is used as a solvent in a wide range of occupational and consumer applications including fluorinated compound production, petroleum manufacturing, dry cleaning, and aerosol degreasing. TSCA requires that the EPA address any unreasonable risk of injury to health or the environment so that the chemical no longer presents an unreasonable risk. The final rule bans many uses of PCE and establishes workplace controls, including a Workplace Chemical Protection Program (WCPP) and prescriptive controls, for those not prohibited.
Why: The final rule requires companies to rapidly phase down manufacturing, processing, and distribution of PCE for many uses at industrial and commercial workplaces. Uses that are allowed to continue will be subject to strict controls under a WCPP. Additionally, while most uses must be phased out within three years, the final rule allows a 10-year phase-out for dry cleaning facilities.
Advocacy commented on the proposed rule expressing concerns that the rule would disproportionately impact small businesses. Specifically, Advocacy advised the agency to provide better flexibility for the use of PCE by small businesses and expressed concerns that the proposed existing chemical exposure limit was too low for small businesses to comply with.
EPA revised several aspects of the final rule in response to public comments, including extending the compliance timeline for implementing the WCPP. The final rule is effective January 17, 2025.
Action: Read the Federal Register notice.
Register for the January 15, 2025, webinar on the final risk management rule hosted by EPA.
Advocacy contact: Send an email to Emily Jones at Emily.Jones@sba.gov.