On December 9, 2024 the Environmental Protection Agency (“EPA”) finalized the bans of two chemicals, trichloroethylene (“TCE”) and perchloroethylene (“PCE”), that have been linked to risks of cancer and other severe health conditions. The ban comes as part of the EPA’s regulatory authority under the 2016 amendments to the Toxic Substances Control Act.

TCE and PCE are both nonflammable chlorinated solvents used in many industrial applications, such as degreasing of industrial equipment, as well as the manufacturing of refrigerants, fluorocarbons, and pesticides. The EPA claims that safer alternatives are available for the majority of these chemicals’ uses.

The new rules will prohibit most uses of TCE within a year, with some industrial uses being phased out over a longer period of time. The ban on PCE use is less extensive, requiring companies to rapidly phase down PCE use in consumer applications but continues allowing for use of PCE in many commercial and industrial applications.

Many of the continuing uses for PCE will be controlled under a Workplace Chemical Protection Program. The EPA claims that many of the continuing uses of PCE are in highly sophisticated workplaces that may be important to national security, aviation, and critical infrastructure. The EPA has not announced a full phase out date for PCE.

The EPA claims PCE has similar risks to TCE. PCE may be used in many of the applications for which TCE is currently used, and will likely take the place of TCE for those applications now banned under the EPA’s rule. The EPA claims this rule balances both public health protections with the needs of critical industries.