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Committee releases bill to prohibit certain uses of TCE and PCE after contested testimony
Summary
S-4126 to prohibit certain uses of trichloroethylene (TCE) and perchloroethylene (PCE) was released following contested testimony: the Chemistry Council warned of federal preemption and competitiveness concerns while environmental groups cited Superfund contamination and health risks.
The Senate Energy and Environment Committee voted Feb. 10 to release S-4126, a bill that would prohibit specified uses of trichloroethylene (TCE) and perchloroethylene (PCE). The measure’s sponsor said the bill is intended as an “insurance policy” in case federal regulations were rolled back.
Industry witnesses, represented by Ed Waters of the Chemistry Council of New Jersey, urged caution and described possible state–federal preemption under the Toxic Substances Control Act (TSCA) if EPA adopts different regulatory standards. Waters said the EPA is reviewing the TCE rule and that states may be preempted from imposing differing requirements.
Environmental witnesses including Doug O’Malley of Environment New Jersey emphasized contamination at Superfund sites and public-health risks associated with the chemicals, citing site counts and remediation needs.
Committee members questioned witnesses about federal action and potential competitive impacts on in‑state facilities. After discussion, the committee voted to release the bill; recorded votes show several affirmative votes with at least one recorded abstention on the roll call.
