EPA's TCE Ban Faces Legal Challenges and Industrial Implications

The Environmental Protection Agency's (EPA) recent ban on trichloroethylene (TCE), a solvent linked to severe health risks, has ignited a complex interplay of legal challenges and industrial adaptations, underscoring the tension between public health imperatives and economic interests.

On December 17, 2024, the EPA finalized a rule under the Toxic Substances Control Act (TSCA) to prohibit all uses of TCE, citing its association with serious health risks, including cancer and neurological damage. The rule was scheduled to take effect on January 16, 2025, with most prohibitions implemented within one year.

However, the implementation faced immediate legal challenges. On January 13, 2025, the U.S. Court of Appeals for the Fifth Circuit granted a temporary stay of the rule's effective date. The cases were subsequently consolidated and transferred to the Third Circuit Court of Appeals, which upheld the temporary stay on January 16, 2025. The EPA responded by postponing the rule's effective date until March 21, 2025, and later extended certain provisions until June 20, 2025, pending judicial review.

Industries that have historically relied on TCE, such as manufacturing, aerospace, automotive, electronics, and medical equipment manufacturing, are significantly impacted by the ban. Companies are urged to transition to TCE-free alternatives to avoid regulatory penalties, supply chain disruptions, and liability risks. Safer and environmentally friendly degreasers are available as replacements.

The ban on TCE is considered a monumental victory for public health advocates, particularly within the Parkinson’s disease community. The Michael J. Fox Foundation (MJFF) has campaigned for the elimination of toxic chemicals like TCE for nearly a decade. Ted Thompson, MJFF's senior vice president of public policy, stated, "By banning TCE, the Biden-Harris administration and EPA will effectively eliminate a known risk factor for Parkinson’s disease."

The regulation of TCE has been a contentious issue for decades. Previous administrations have faced criticism for delays and inaction regarding TCE regulation. The current ban represents a significant shift towards stricter chemical safety measures under the TSCA amendments.

As the legal proceedings continue, the ultimate fate of the TCE ban remains uncertain. The outcome will have significant implications for industries utilizing TCE and for public health policies addressing toxic chemical exposures.