NAPA update on chlorinated solvents ban timeline
Unless further extended, QA/QC laboratories that currently use TCE are required to complete initial employee industrial hygiene monitoring by Sept 14, per EPA’s TCE Risk Management Rule. Additional information provided below.
The Environmental Protection Agency’s (EPA) outright ban on chlorinated solvents continues to be under review and in litigation.
However, while there is a critical laboratory use “exemption” for some of the chlorinated solvents, over a specified time-period, any use of these solvents must follow EPA’s Risk Management Rules specifying conditions of use (CoU) that include a workplace chemical protection program (WCPP) ensuring occupational exposure is below EPA’s finalized existing chemical exposure limits (ECELs), which for trichloroethylene (TCE), are 500 times lower than OSHA’s current Permissible Exposure Limit (PEL).
Currently, EPA’s extension of its TCE Risk Management Rule implementation, until June 20, will also extend initial TCE monitoring requirements until Sept. 14.
Similarly, on May 27, EPA proposed an 18-month compliance date extension for its Methylene Chloride Rule, which was supposed to go into effect on May 5.
This extension is to make compliance deadlines for private and government laboratories equivalent. However, regarding compliance with the TCE Risk Management Rule, there is still an 18-month discrepancy between deadlines for private vs. government laboratories (the latter are only required to comply 18 months after private labs). Whether EPA will extend the TCE Rule’s compliance dates for private labs another 18 months, remains to be seen. Regarding laboratory use of TCE, e.g., in binder auto extractors, NAPA member companies should continue understanding current employee occupational exposures and take steps to ensure such exposure are below EPA’s criteria, with monitoring assessment required by Sept. 14.
EPA provides comprehensive compliance requirements in their TCE Risk Management Rule. While the effective date for implementation of EPA’s PERC Risk Management Rule remains unchanged, it occurs after implementation dates for methylene chloride and TCE, and will likely be extended similar to the other rule extensions.
For additional information, please attend NAPA’s Midyear Meeting where committees will discuss a variety of issues associated chlorinated solvent use and substitution, providing attendees with the most up-to-date information.
