EPA to reconsider banning certain chlorinated solvents, extends implementation date for others
On July 30, the Environmental Protection Agency (EPA) requested comments on reconsidering its ban on the chlorinated solvent perchloroethylene (PCE), which can be used as an asphalt binder extraction solvent.
It is NAPA’s understanding that each chlorinated solvent will undergo similar reconsideration.
View NAPA’s submitted comments which recommend that the EPA:
- Review the underlying science associated with EPA’s current Existing Chemical Exposure Limits (ECELs) for chlorinated solvents and revise as appropriate.
- Extend any compliance date for meeting such ECELs to at least be consistent with that afforded governmental labs – noting that our DOT partners have some two years extra time to come into compliance with the current ECELs that industry is not afforded.
- Similarly, extend any compliance date for meeting such ECELs until a suitable solvent, acceptable by DOTs, is identified and made available.
On Aug. 19, EPA again extended certain regulatory provisions of its TCE ban until Nov. 15, specifically identifying TSCA Section 6(g).
While one preeminent law firm identifies this includes extending exposure monitoring requirements, other industry experts are unsure.
NAPA’s position has always been that Quality Assurance/Quality Control labs utilizing any chlorinated solvent for binder extraction, fully understand employee exposure, controls, and reduce such exposure to potentially meet EPA’s occupational exposure conditions.
It is our current understanding that preliminary exposure monitoring indicates that personal respiratory protection may be the most cost-effective option to meet any EPA exposure condition.
Please read NAPA’s prior information on the impact from EPA’s chlorinated solvent ban here.
For additional information on meeting compliance obligations, please contact Howard Marks.
