WASHINGTON — The Environmental Protection Agency (EPA) is seeking public input by the end of this month on its perchloroethylene (PCE or perc) rule after several legal challenges forced the agency back to the drawing board.
The December 2024 regulation imposed strict workplace exposure limits and prohibited certain uses of the chemical commonly used in drycleaning operations.
Perc Reconsideration
After the EPA published its perc rule under the Toxic Substances Control Act (TSCA) last year, several industry groups filed challenges that were consolidated in the U.S. Court of Appeals for the Fifth Circuit.
On May 12, the EPA filed a declaration with the Court stating that it intended to reconsider the perc final rule through further rulemaking and expressed its intent to gather stakeholder input.
The court granted a temporary pause in the legal proceedings through Aug. 21, giving EPA time to gather fresh input from stakeholders. The original rule addressed what EPA called an “unreasonable risk of injury to health” by requiring workplace exposure controls, banning certain industrial and commercial uses, and restricting consumer access to perc.
This review is being done, the EPA says in its request for comment, in accordance with applicable law, executive orders and administration policies, including Executive Order 14219 “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative” (90 FR 10583, Feb. 19, 2025) and the EPA’s “Powering the Great American Comeback Initiative Pillar I: Clean Air, Land, and Water for Every American.”
In a statement, the Drycleaning & Laundry Institute (DLI) says that it is monitoring the reconsideration process carefully.
“DLI remains committed to working closely with the EPA to ensure that any forthcoming regulations offer practical, achievable control measures for the drycleaning industry,” says DLI CEO Mary Scalco. “We advocate for sufficient time to transition away from existing perc equipment, allowing businesses to plan and invest wisely. The current rule accommodates the full useful life of most perc drycleaning machines prior to phaseout, which is a positive step. We will continue to champion the best interests of our members throughout this process.”
What the EPA Wants to Know
The agency is particularly interested in three areas where the drycleaning industry can weigh in:
Exposure Limits — The current rule sets workplace exposure at 0.14 parts per million as an eight-hour average. The EPA is asking whether different limits might be more appropriate.
Workplace Controls vs. Outright Bans — Instead of prohibiting certain perc uses entirely, the EPA is asking which applications could be managed through Workplace Chemical Protection Programs (WCPP).
Drycleaning Operations — The EPA specifically asks about perc use in industrial dry cleaning, including workplace controls that reduce exposure and how alternatives to perc perform in actual operations.
How to Comment
Comments on this matter are due by Aug. 29. Submissions should go to regulations.gov using docket number EPA-HQ-OPPT-2020-0720. EPA encourages commenters to provide supporting data and cite relevant information to strengthen their submissions.
Have a question or comment? E-mail our editor Dave Davis at [email protected].
