The U.S. Environmental Protection Agency (EPA) recently proposed a comprehensive ban on all usages of trichloroethylene (TCE). The reason for this strict move is the agency’s determination that TCE presents a significant and unreasonable risk to human health—one that is far too substantial to continue its current conditions of use. These conclusions have been documented in detail in two distinct publications of the agency:
- EPA’s November 2020 risk evaluation (2020 TCE RE)
- January 2023 revised risk determination (2023 Revised RD)
This decision resonates with the stipulations laid down under the Toxic Substances Control Act (TSCA). The EPA’s position on this matter was officially revealed through its press release on October 23, 2023. The press release highlighted that TCE is widely employed in an array of industrial and commercial settings.
The ramifications for the proposed ban will undoubtedly be felt across many industries. Legal professionals in corporations and law firms will need to revise their clients’ practices and advise them on compliance with the new normatives. Industry’s stakeholders will likely face significant changes in their supply chains, operations, and costs. Legal critiques and interpretations of this potentially far-reaching regulatory shift have been provided by significant entities like Bergeson & Campbell, P.C. (read here).
As discussions around the proposal progress, it will be crucial to consider both the health benefits and the practical implications for businesses nationwide. This story is yet another reminder of the continuous multi-dimensional negotiations between economic growth, legal nuances, and human safety in the face of environmental challenges.