By Dan Bracey, CIH, CSP, CHMM
The U.S. Environmental Protection Agency (EPA) has issued updated regulations for several chemicals under the Toxic Substances and Control Act (TSCA) Section 6(a). These new regulations list EPA’s Existing Chemical Exposure Limits (ECELs), which are several times lower than the existing Occupational Safety Health Association (OSHA) Permissible Exposure Limits (PELs) and even the American Conference of Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs). With Industrial Hygiene and Safety Professionals typically utilizing either OSHA PELs or ACGIH TLVs (considered the benchmark standard for exposure) how do we interpret and implement these new EPA regulations?
On December 19, 2016, EPA published a list of 10 chemical substances that are the subject of the initial risk evaluations, as required by TSCA section 6(b)(2)(A). The EPA has since issued several “Final Risk Management Rules”, for the following chemicals:
Several other chemicals are listed as having complete risk evaluations, proposed risk management rules, final scopes, etc. (i.e., they are in progress). A full list of these chemicals and their statuses can be found here.
If a Final Risk Management Rule has been implemented for a chemical, a chemical-specific document will be published. This document includes but is not limited to, specific use cases for the chemical, exemptions for certain industries/processes, and ECELs. For instance, the CTC Final Risk Management Rule specifies that CTC use must be discontinued for metal recovery and as an additive in fuel and plastic components used in the automotive industry.
If the use of CTC is exempt, then the employer must develop and implement a workplace chemical protection program (WCPP) that includes provisions for exposure monitoring. The EPA ECELs must be used as the baseline comparison, which for CTC has an action level of 0.02 parts per million (ppm) and an 8-hour time-weighted average (TWA) of 0.03 ppm (for comparison, the current ACGIH TLV for CTC is 5 ppm).
The requirement dates for each chemical vary. For instance, CTC evaluations must be completed by September 9, 2026, for non-federal owners and operators. Please refer to the link above to check all mandatory implementation dates for each chemical. The table below includes select chemical ECELs compared to OSHA PELs and ACGIH TLVs.
| Chemical Name | EPA ECEL | OSHA PEL | ACGIH TLV |
|---|---|---|---|
| Methylene Chloride | 2 ppm [1 ppm action level] | 25 ppm [12.5 ppm action level] | 50 ppm |
| PCE | 0.14 ppm [0.10 ppm action level] | 100 ppm | 25 ppm |
| Trichloroethylene | 0.2 ppm [0.1 ppm action level]* | 100 ppm | 10 ppm |
*Interim ECEL – all uses will eventually be phased out
There are still some unanswered questions on how these rules will be enforced; however, the EPA has enforcement authority under TSCA. Fees for failure to comply with these regulations can be significant. Additionally, while OSHA would not currently have the authority to enforce the ECELs, it has been noted that OSHA and the EPA are working on memorandums of understanding to potentially allow OSHA to utilize the ECELs. No additional details have been provided at the time of this publication. In conclusion, if your facility uses any of these chemicals, it is important that you review and comply with these new regulations by the set due dates listed in the standards.
Partner’s Environmental Health and Safety team has subject matter experts, including Certified Industrial Hygienists (CIHs) and Certified Safety Professionals (CSPs), ready to assist our clients with interpreting these regulations, implementing control measures, including WCPPs, and with performing employee exposure monitoring for comparison the ECELs. Contact us for more information.
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