Washington — Citing pending litigation, the Environmental Protection Agency has again delayed the effective date of certain provisions of a final rule that bans the use of the toxic chemical trichloroethylene.
The new effective date, formerly Nov. 17, is Feb. 17.
TCE is used in dishwashing products and as a solvent in brake and parts cleaning, recycling, and disposal. In 2014, EPA determined that the substance may cause cancer, developmental and neurological effects, and toxicity to the liver.
The rule prohibits the manufacture, processing and distribution of TCE for consumer products and commercial uses.
The delay, announced Nov. 14, concerns exemptions under Section 6(g) of the Toxic Substances Control Act that “permit several uses to continue under workplace restrictions for longer periods.” Among them: uses as a processing aid for manufacturing battery separators for lead acid batteries and as a chemical for “essential laboratory activities.”
EPA states that ongoing litigation in the U.S. Court of Appeals for the 3rd Circuit has stayed the rule’s effective date. In August, the agency cited the case as the reason behind delaying the original effective date of the Section 6(g) exemptions to November.
