Roux Blog

Tetrachloroethylene Toxicity Changes Result in Lower Liability

Posted on May 29, 2012 10:50:00 AM

 

tetrachloreothyleneTetrachloroethylene, also known as perchloroethylene, perc or PCE, is a common chlorinated solvent used in dry cleaning and metal degreasing.  PCE is toxic, and possible PCE exposure has prompted legal action in the environmental, real estate and toxic tort sectors.  In February 2012, the EPA posted revised toxicity factors to the Integrated Risk Information System (IRIS).  IRIS is the primary source of toxicity factors for EPA and many states.  Changes posted on IRIS can be used immediately and may impact how you and your clients understand the potential for health risk and project liabilities.
 
The changes indicate that tetrachloroethylene (PCE) is a “likely human carcinogen” but has a lower carcinogenic risk potential and a higher non-carcinogenic risk potential than previously assumed by EPA. These changes may affect clients in a variety of ways, as the following examples illustrate:

Environmental
: Considerable remediation occurs to reduce cancer risk associated with exposure to PCE.  Use of the new PCE toxicity factors may indicate that less remediation is required to meet risk-based remediation goals.  In some cases, non-cancer risk, as opposed to cancer risk, may ultimately drive remediation, as the revised non-cancer values assumed a higher potential for neurotoxicity associated with exposure to PCE than was previously assumed.

Real Estate
: The overall reduction in assumed PCE cancer toxicity may increase the reuse of dry cleaning facilities and manufacturing facilities plagued by PCE contamination that were previously considered unusable.  Contaminated properties may be redeveloped with fewer deed restrictions, and property values may increase.

Toxic Tort Litigation
: Because there is lower potential for PCE to cause cancer than previously published, it will be more difficult to link PCE exposure and cancer.  This change benefits defendants of toxic tort claims.  At the same time, because EPA also established increased neurotoxicity associated with PCE exposure, a shift in types of toxic tort claims may occur.

Examples of how recent changes in toxicity factors affect “safe” levels of PCE in residential indoor air and tap water are provided below:

tetrachloroethylene


Acceptable levels of PCE have increased, which will affect how contaminated waste sites are remediated, how industrial properties are redeveloped and how suits claiming bodily injuries may be tried. 

If you are currently evaluating a property or case with potential PCE exposures, let Roux Associates assist you in a PCE risk reassessment as we may be able to demonstrate reductions in risk, required cleanup, liability, and/or cost.

 

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Topics: Litigation Support, Risk Assessment