OVERVIEW OF PERCHLOROETHYLENE (PERC)
REGION
EUROPEAN UNION
EUROPEAN UNION
In October 2014, the European Chemical Agency (ECHA), the main authority body for the REACH-Regulation, published a Substance Evaluation Report which concluded that with all available hazardous data received on perchloroethylene (PERC), there is no need for additional regulatory actions like a re-classification, restriction or authorization of PERC.
With its current Classification under the CLP-Regulation (Regulation with regards to Chemical Classification, Labelling and Packaging - Regulation (EC) No. 1272/2008)), PERC does not meet the criteria for a classification of Substance of Very High Concern (SVHC) under the REACH-Regulation.
Nevertheless, it needs to be mentioned that on April 20th 2023, the delegated CLP-Regulation officially entered into force. One of the main changes concerns the new hazard classes PMT and vPvM (Persistent, Mobile and Toxic and very Persistent & very Mobile), which are to be used in the future to classify substances that do not accumulate in the environment but are so mobile in soils that they could enter drinking water. Additionally, it is likely that these two new hazard classes will become criteria for the identification of SVHC under REACH.
In the future, PMT and vPvM will be used to classify substances that are either persistent, mobile and toxic or very persistent and very mobile. While for many substances there are no available data yet on mobility, this is not the case for PERC. Based on existing data, statements can already be made today as to whether PERC falls under these new hazard classes.
According to the definitions in the delegated CLP-Regulation, PERC fulfils the criteria for persistent and mobile, but not for toxic. PERC is not classified as carcinogenic category 1A or 1B.
PERC is therefore not expected to be classified as a PMT substance based on current data and classification criteria.
According to the definitions in the delegated CLP-Regulation, PERC meets the definition of vP but not vM.
PERC is therefore not expected to be classified as a vPvM substance based on current data and classification criteria.
In Europe, PERC remains a viable and effective option for metal cleaning.
Brief profile: Brief Profile - ECHA (europa.eu)
UNITED STATES
Over recent years, after the amendment of the Toxic Substance Control Act (TSCA) in 2016, the US Environmental Protection Agency (EPA) reviewed the risks associated with the use of many chlorinated solvents including Perchloroethylene (PERC or PCE) and proposed rules for the risk management and to eliminate the risks posed by these chemicals. On the 18th of December 2024, the Final Rule for PERC was published in the Federal Register. In summary, the Final Rule allows the continuous use of PERC for vapour degreasing but only if a Workplace Chemical Protection Program (WCPP) is introduced and the Existing Chemical Exposure Limit (ECEL) of 0.14 ppm is met.
Please find the link to the publication of PERC here.
The Final Rule for PERC became effective on January 17th, 2025 and requires companies to rapidly phase down manufacturing, processing, and distribution of PERC for all consumer use and many uses at industrial and commercial workplaces, most of which will be fully phased out in less than three years.
Uses that the rule allows to continue under strict controls following a WCPP occur in highly sophisticated workplaces that may be important to national security, aviation, and other critical infrastructure. These uses include:
• Use as a vapor degreasing solvent.
• Use in petrochemical manufacturing.
• Use in agricultural chemical manufacturing (originally proposed for prohibition).
• Use for cold cleaning of tanker vessels (originally proposed for prohibition).
• Use as maskant for chemical milling.
• Use in adhesives and sealants.
• Processing into formulation, mixture, or reaction products.
Operators or owners of a vapour cleaning application have several obligations with set deadlines within the Final Rule if they want to continue their use. To learn more about the WCPP and applicable deadlines, SAFECHEM recommends reviewing the EPA’s Fact Sheet here.
Cornerstone of the WCPP is the adherence to the ECEL to protect potentially exposed persons. For PERC the WCPP includes an ECEL of 0.14 ppm and an ECEL action level of 0.1 ppm. The ECEL identifies the level at or below which a potentially exposed person will be protected against unreasonable risk. The ECEL of 0.14 ppm must be reached and further measures must be taken and more often exposure monitoring must be conducted, until the ECEL action level of 0.1 ppm is reached.
Unlike the Final Rule for Trichloroethylene (TRIC) the Final Rule for PERC was not effected by President Trump’s January 20th, 2025, memorandum entitled “Regulatory Freeze Pending Review”. Nevertheless, a diverse group of plaintiffs has filed challenges to EPA’s new rules in federal circuit courts, like chemical manufacturers. The suits claim that the final rules exceed EPA’s statutory authority and are not in accordance with TSCA and the Administrative Procedure Act. The federal Judicial Panel on Multidistrict Litigation (JPML) has selected the 5th Circuit to hear multiple consolidated challenges to EPA’s TSCA rule restricting PERC. The decision is still pending. In addition to pending legal challenges, the Trump Administration may reconsider or revamp the new rule. Please be aware that the final regulation of PERC under TSCA is subject to ongoing litigation that could potentially affect the requirements or compliance dates. On March 12th, 2025, the Fifth Circuit Court of Appeals granted a 60-day abeyance for the case and during this time the EPA will determine next steps.
SAFECHEM will closely monitor the process and keep everyone informed about the future developments but strongly recommends making yourself familiar with the Final Rule of PERC.
CHINA
China has filed a notice in relation to the so-called Blue Sky Plan in 2019, which aims to improve air quality in several big cities in China. This notice was the starting point for several legislative actions regulating and restricting air quality-affecting topics.
Under this plan a new Chinese standard was published in 2020 which regulates volatile organic compounds (VOC) in cleaning agents (GB 38508-2020). The regulation was released as a national standard in March 2020, followed by implementation on December 1st 2020.
The standard provides limit requirements for VOC, test methods and package marks of cleaning agents. This standard is applicable to cleaning agents containing VOC produced and used in industrial production and service activities. This standard is NOT applicable to cleaning agents used in aerospace, nuclear industry, military industry and semiconductor (including integrated circuit) manufacturing. These areas of industrial production are exempted.
Perchloroethylene (PERC) is listed in this standard and therefore falls under this restriction. According to the standard, cleaning agents with a content of ≥ 20% of PERC may for example not be used in industrial production and service activities. Cleaning agents with a VOC content of ≥ 900 g/L may not be used in industrial production and service activities. The standard also defines the limit of VOC content in a cleaning product and therefore alternative formulations are needed in order to meet the requirement.
PERC supplied by SAFECHEM in China can only be used in the industries exempted from the standard, which include aerospace, nuclear industry, military industry and semiconductor (including integrated circuit) manufacturing.
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