The Toxic Substances Control Act (TSCA) includes procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – incorporating information developed after a chemical entered use in the US. Based on these reviews, EPA updates its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements HERE). On December 18, 2024, EPA published restrictions in the Federal Register, for carbon tetrachloride (CTC) and perchloroethylene (PCE), based on its hazard reviews for those chemicals. The rest of this note discusses these new restrictions.
What’s being ordered for carbon tetrachloride?
CTC is a solvent used in a variety of commercial settings. The Consumer Product Safety Commission (CPSC) banned most uses of CTC in consumer products (excluding unavoidable residues not exceeding 10 ppm atmospheric concentration) in 1970. However, CTC continues to be used as a feedstock to make other products including refrigerants, aerosol propellants, and foam-blowing agents, subject to requirements under Clean Air Act (CAA) and the global Montreal Protocol. In addition, EPA applied its TSCA authority to evaluate CTC hazards, issuing its risk evaluation report in 2020 identifying “unreasonable” cancer and liver toxicity adverse effects from chronic inhalation and dermal exposures as well as liver toxicity from acute dermal exposures. Based on its risk evaluation, EPA has now issued its “risk management” requirements, including:
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Prohibitions
EPA is phasing in the following prohibitions:
- 6/17/25 - uses prohibited:
- manufacturing, processing, distributing in commerce (including making available) and using carbon tetrachloride for Incorporation into formulation, mixture or reaction products in petrochemical-derived manufacturing (except vinyl chloride);
- Industrial and commercial conditions of use as the following: an industrial processing aid in the
- manufacture of petrochemicals-derived products (except vinyl chloride); other basic chemicals; metal recovery; use as an additive.
- 12/18/25 uses prohibited: manufacturing, processing, distributing in commerce (including making available) and using carbon tetrachloride for industrial and commercial specialty uses by the U.S. Department of Defense (except as specified)
- Conditional continued activities
EPA specifies CTC activities that can continue, if the entity implements a Workplace Chemical Protection Program that meets the requirements specified below. Eligible activities include the following:
- Domestic manufacture, except where CTC is manufactured solely as a byproduct.
- Processing as a reactant in the production of hydrochlorofluorocarbons, hydrofluorocarbons, hydrofluoroolefins and perchloroethylene.
- Processing: Incorporation into formulation, mixture, or reaction products for agricultural products manufacturing, vinyl chloride manufacturing, and other basic organic and inorganic chemical manufacturing.
- Processing: Repackaging for use as a laboratory chemical.
- Processing: Recycling.
- Industrial and commercial conditions of use as the following: an industrial processing aid in the manufacture of petrochemicals-derived products (except vinyl chloride); other basic chemicals; metal recovery; use as an additive
A Workplace Chemical Protection Program must be established by the following deadlines if CTC is already present, or within 30 days after introducing CTC into a workplace:
- 6/6/25 (9/20/27 for federal agencies and contractors) establish direct dermal contact controls and personal protective equipment (PPE) as specified
- 6/11/26 (6/21/27 for federal agencies and contractors) – initial workplace monitoring to meet Existing Chemical Exposure Limit (ECEL) 0.02 parts per million (ppm) 8-hour time-weighted average (TWA))
- 9/9/26 (9/20/27 for federal agencies and contractors) – periodic workplace monitoring, following specified requirements
- 9/9/26 (9/9/27 for federal agencies and contractors) – establish workplace “regulated areas” where CTC exposures may occur
- 9/9/26 (9/20/27 for federal agencies and contractors) – establish workplace information and training program containing specified elements
- 9/9/26 (9/20/27 for federal agencies and contractors) – provide PPE for respiratory protection, including respirators and respiratory protection program if necessary
- 12/3/27 – establish an Exposure Control Plan containing specified elements
EPA also establishes downstream notification requirements for CTC manufacturers and importers (effective 2/18/25), and general record keeping requirements. Separate requirements cover the use of CTC as a laboratory chemical.
What’s being ordered for perchlorethylene?
Perchloroethylene (PCE or “perc”) is a colorless volatile liquid used widely in consumer uses such as brake cleaners and adhesives, in commercial applications such as dry cleaning, and in many industrial settings. PCE is also used as a chemical intermediate, including production of refrigerants and in petroleum refinery processes. Inhalation or dermal exposures can present health risks such as damage to the kidney, liver, and immune system, neurotoxicity, reproductive toxicity, and cancer. EPA determined in 2020 that these risks are unreasonable, triggering the new TSCA rules.
EPA is now finalizing rules to phase in prohibitions on most manufacturing (including importation), distribution and use of PCE, and to require Workplace Chemical Protection Programs (WCPPs) in workplaces where PCE is in use:
EPA is phasing in the following prohibitions:
- 6/16/25 – PCE or PCE-containing products cannot be used in dry cleaning machine acquired after this date
- 6/11/26 – manufacturing and distribution for consumer use
- 6/11/26 – most industrial and commercial use (see exceptions below)
- 9/9/26 – processing of PCE and PCE-containing products subject to the 6/11/26 prohibitions
- 12/8/26 – distributing in commerce PCE and PCE-containing products to retailers for use other than commercial dry cleaning
- 3/8/27 – retailers distributing in commerce any PCE-containing products, or distributing PCE and PCE-containing products subject to the 6/11/26 prohibitions
- 6/7/27 – industrial or commercial use of PCE-containing products subject to the 6/11/26 prohibitions
- 12/20/27 – industrial or commercial use of PCE in dry cleaning and related spot cleaning in “3rd generation machines”
- 12/19/34 - manufacturing (including importing), processing, distribution in commerce, or industrial or commercial use of PCE in dry cleaning and related spot cleaning in “4th and 5th generation machines”; or for industrial or commercial use in an emergency by the National Aeronautics and Space Administration or its contractors
These phase-outs do not apply to manufacturing, processing, or distribution in commerce of PCE solely for export. Nor do they apply to the distribution in commerce or use of clothing and articles that have been commercially dry cleaned with PCE.
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Workplace Chemical Protection Program (WCPP) requirements for continuing uses
EPA is requiring WCPPs in workplaces where PCE pr PCE-containing products are still permissible. A WCPP must be established by the following deadlines if PCE is already present, or within 4 months after introducing PCE into a workplace:
- 12/15/25 (6/21/27 for federal agencies and contractors) – initial workplace monitoring to meet ECEL 0.14 ppm 8-hour TWA); notify exposed individuals within 15 days
- 3/13/26 (9/20/27 for federal agencies and contractors) – ensure that workplace exposures do not exceed ECEL; including new monitoring within 30 days after a change that may create exposures above the ECEL, and at least every 5 years; notify exposed individuals within 15 days
- 3/13/26 (9/20/27 for federal agencies and contractors) establish direct dermal contact controls and PPE as specified
- 3/13/26 (9/20/27 for federal agencies and contractors) – establish workplace “regulated areas” where PCE exposures may occur
- 3/13/26 (9/20/27 for federal agencies and contractors) – provide PPE for respiratory protection, including respirators and respiratory protection program if necessary
- 3/13/26 – establish workplace information and training program containing specified elements
- 6/7/27 (12/20/27 for federal agencies and contractors) – establish an Exposure Control Plan containing specified elements and procedures
EPA also establishes downstream notification requirements for PCE manufacturers and importers (effective 2/18/25), and general record keeping requirements. Separate requirements cover the use of PCE as a laboratory chemical, and in energized electrical cleaners.
What happens now?
Both sets of rules are effective January 17, 2025, with compliance deadlines as I describe above. Of course, President Trump will be re-inaugurated on January 20, after which it’s possible that the new requirements may be delayed, rolled ack or even rescinded by administrative or legislative actions. Without knowing whether the requirements might change again, organizations with activities involving CTC or PCE should review those operations against the newly-adopted requirements and plan to respond as necessary.
Self-Evaluation Checklist
Does the organization manufacture, process, or use CTC or PCE?
If so, has the organization reviewed its activities involving either chemical, for present hazards and possible substitution?
Is the organization prepared to comply with new requirements governing activities involving CTC or PCE?
Where Can I Go For More Information?
- EPA
- “Risk Management for Carbon Tetrachloride” webpage
- “Risk Management for Perchlorethylene” webpage
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com