HomeLatest NewsRepublicans in Congress Seek to Lift Ban on Toxic TCE — ProPublica

Republicans in Congress Seek to Lift Ban on Toxic TCE — ProPublica

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In December, Daniel Kinel expressed relief upon the Environmental Protection Agency’s (EPA) decision to ban TCE, a compound linked to cancer, organ damage, and fatal heart defects in infants, which had been used in dry cleaning, manufacturing, and degreasing machines. Independent studies and the EPA indicate that TCE significantly heightens the likelihood of developing Parkinson’s disease.

Kinel, along with three colleagues, was diagnosed with Parkinson’s disease after working in a law office in Rochester, New York, adjacent to a dry cleaner that spilled TCE into the soil. Diagnosed at age 43, Kinel had worked there for seven years. His colleagues later passed away, and at least 15 partners at the firm developed TCE-related cancers.

Although Kinel is relieved that the chemical is being banned for the protection of future generations, challenges to the ban have dampened his solace. With President Donald Trump beginning a second term, Republicans in Congress have put forth resolutions to repeal the ban, which, since enacted shortly before the inauguration, could be overturned by the Congressional Review Act. Companies and trade groups have also sued to halt the ban, and a Trump executive order delayed its implementation until March 21. Last week, the EPA requested a federal appeals court extend the delay until the end of May.

TCE’s ban is under greater threat compared to other toxic substances addressed by the EPA under President Joe Biden that are now uncertain. The Trump administration has expressed interest in reviewing these bans to decide whether they should be reversed. The banned substances include methylene chloride, PCE, carbon tetrachloride, and asbestos. David Fotouhi, an attorney appointed by Trump, previously attempted to overturn the asbestos ban.

As TCE’s ban remains unenforced, exposure continues to be a concern as it causes several types of cancer and fatal defects in infants. The gradual phase-out allows more than a dozen industrial sectors additional time to adjust, requiring workplace protections mandated by the Biden EPA. The Trump EPA’s delay means these protections are not yet in effect.

TCE has contaminated the drinking water supply of over 17 million Americans, and plumes have been discovered in places such as Massachusetts, Kansas, and North Carolina’s Camp Lejeune Marine Corps base, where many have developed Parkinson’s disease and cancer. Another TCE plume is located on Long Island, New York, near former EPA Administrator Lee Zeldin’s congressional district.

The ongoing exposure to TCE has angered individuals like Jerry Ensminger, a retired Marine Corps master sergeant, whose daughter died of leukemia linked to TCE exposure at Camp Lejeune. Concerns over TCE’s dangers emerged nearly a century ago, receiving slow attention from the EPA, which only identified TCE as a probable carcinogen in 1987. Subsequent assessments deemed it more toxic than previously acknowledged, despite opposition from industry and certain government entities. President Barack Obama’s administration initiated stricter regulations, though these efforts were compromised during Trump’s first term, with the EPA reducing the scrutiny on TCE.

Nancy Beck, a former industry lobbyist, led the chemical program during the rollback and was recently appointed to a pivotal role within the EPA. This has elicited concern from environmentalists predicting a repeat of past weakening measures. Daniel Rosenberg from the Natural Resources Defense Council criticized her return, warning of potential moves to underestimate the hazard of TCE.

Over 100 organizations, representing various interests, have petitioned Zeldin to reinstate the ban. They highlighted the EPA’s estimation of health benefits, advocating against delays that risk increased medical costs and public health suffering. Environmental and labor groups have opposed the EPA’s attempts to postpone the implementation of TCE’s prohibition.

The EPA and influential parties like Senator John Kennedy and Representatives Mariannette Miller-Meeks and Diana Harshbarger did not address inquiries from ProPublica regarding their stances on the repeal resolution. The American Chemistry Council’s statement acknowledged the ban’s consideration of industry flexibility. Kennedy criticized the Biden administration for stifling American chemical operations, while Harshbarger described the ban as an example of regulatory overreach.

The ban also poses challenges for businesses like Microporous, which manufactures materials for lithium-ion batteries, despite an exception permitting the use of TCE until 2044. The Trump administration’s targeting of environmental protections has seen TCE among its deregulatory objectives, surprising those involved, such as Dr. Sara Whittingham, a retired U.S. Air Force surgeon with Parkinson’s, from her exposure at military bases. Recently, Whittingham and fellow Air Force alumni advocates have urged congressional action against repeal resolutions, amid broader conversations about military service and associated health risks.

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