EPA Bans Lubricant Solvent Trichloroethylene (TCE)
Update: In keeping with President Trump’s Regulatory Freeze Executive Order, the EPA has delayed the effective date of trichloroethylene (TCE) regulations until March 21. During this period, the agency will review any questions of fact, law and policy that the new rule may raise.
“Given the breadth of the restrictions, which affect a wide range of industrial applications, including those in the lubricants industry, it is possible that the EPA will take additional action to modify the regulations pursuant to the Executive Order,” noted Jeff Leiter, ILMA’s general counsel.
On Jan. 22, House Joint Resolution 27 was introduced under the Congressional Review Act (CRA) to challenge the EPA’s final TSCA risk management rule for TCE. The resolution seeks to nullify the rule and send it back to the EPA for revision.
If the resolution passes, the litigation in the 3d Circuit becomes moot. The EPA cannot reissue the rule in a “substantially similar” form.
Original story (published Dec. 17, 2024): The EPA has made public a final rule under the Toxic Substances Control Act (TSCA) that bans the use of trichloroethylene (TCE), a solvent widely used in industrial and commercial applications. The rule will take effect 30 days after its publication in the Federal Register.
The agency establishes a strict phase-out process to prohibit all uses of TCE over time, with most applications eliminated within one year.
Facilities using TCE for cleaning, degreasing and other industrial processes will need to transition away from its use. Additionally, lubricant manufacturers may wish to engage with their customers regarding any concerns related to performance specifications
Background
In 2023, the EPA determined that TCE presents an unreasonable risk of injury to human health. It did not consider costs and other non-risk factors pursuant to TSCA section 6. To address the risk, the agency has now prohibited the manufacture, import, processing and distribution in commerce of TCE for all uses, applying to products containing TCE at 0.1% or greater by weight.
The regulation excludes products regulated by the Food, Drug and Cosmetic Act, as well as pest control products regulated under the Federal Insecticide, Fungicide and Rodenticide Act.
Compliance Deadlines
The rule imposes a strict phase-out schedule with most applications prohibited within one year, with extended compliance deadlines of up to 8.5 to 10 years for critical uses. Regulated entities, including lubricant manufacturers, using TCE as an industrial solvent must adhere to the following timeframes:
Use | Compliance (upon publication) |
| Manufacturing and importing | 90 days |
| Processing | 180 days |
| Distribution and retail | 180 days |
| Industrial and commercial use | 270 days |
The EPA is providing a longer compliance timeframe for certain uses deemed essential for national security or critical infrastructure and for which there are limited feasible alternatives. Such uses include the industrial and commercial use of TCE in adhesives and sealants for aerospace applications, use as a solvent in batch vapor degreasing for narrow tubing used in medical services, and uses related to the operation of vessels of the armed forces. These uses are permitted to continue only with additional required worker protections.
Recordkeeping and Notification Requirements
The EPA requires manufacturers, importers, processors and distributors of TCE and TCE-containing products to maintain documents for five years to demonstrate compliance if needed.
Additionally, the final rule imposes a downstream notification requirement to communicate the prohibitions through safety data sheets (SDS). Manufacturers and importers must revise their SDS within 60 days of rule’s publication, while processors and distributors will have 180 days to update their SDS. To ensure awareness throughout the supply chain, the agency mandates modifications to Sections 1(c) and 15 of the SDS to reflect the language of the regulation.
Next Steps
The EPA will host a webinar on January 15, 2025, at 12:30pm EST to provide an overview of the final rule and outline compliance expectations. ILMA will participate in the webinar to continue evaluating the impacts of this regulation on its members.
“It is likely that virtually all ILMA members and almost all of their customers have transitioned to alternatives due to environmental and health concerns,” said ILMA Consultant John Howell.
However, it is important to proactively address regulatory changes. “While the incoming administration may take steps to revisit EPA’s broad risk management approach, it is essential for members to not only assess their TCE usage for compliance purposes, but also develop strategies to address any concerns regarding product performance if needed,” noted ILMA Regulatory Counsel Jorge Roman.