Notice2025-14429
Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA); Request for Comment
Primary source
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Published
July 30, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA or Agency) is seeking public comment to inform its reconsideration of the Toxic Substances Control Act (TSCA) regulation for perchloroethylene (PCE). As promulgated in December 2024, the PCE risk management action addressed the unreasonable risk of injury to health presented by PCE under its conditions of use by requiring various workplace exposure controls, prohibiting certain industrial and commercial uses, and preventing consumer access to the chemical, among other provisions. This request for public comment follows the filing of several legal challenges to the rule in 2025, and EPA's subsequent determination that the PCE regulation under TSCA should be reconsidered through further rulemaking. EPA intends to consider information received in response to this public comment solicitation, and other reasonably available information, to inform the development of any proposed rule to amend the PCE regulation as appropriate.
Full Text
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<title>Federal Register, Volume 90 Issue 144 (Wednesday, July 30, 2025)</title>
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[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Notices]
[Pages 35858-35859]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14429]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2020-0720; FRL-8329-03-OCSPP]
Perchloroethylene (PCE); Regulation Under the Toxic Substances
Control Act (TSCA); Request for Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) is
seeking public comment to inform its reconsideration of the Toxic
Substances Control Act (TSCA) regulation for perchloroethylene (PCE).
As promulgated in December 2024, the PCE risk management action
addressed the unreasonable risk of injury to health presented by PCE
under its conditions of use by requiring various workplace exposure
controls, prohibiting certain industrial and commercial uses, and
preventing consumer access to the chemical, among other provisions.
This request for public comment follows the filing of several legal
challenges to the rule in 2025, and EPA's subsequent determination that
the PCE regulation under TSCA should be reconsidered through further
rulemaking. EPA intends to consider information received in response to
this public comment solicitation, and other reasonably available
information, to inform the development of any proposed rule to amend
the PCE regulation as appropriate.
DATES: Comments must be received on or before August 29, 2025.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0720, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Additional instructions on
commenting
[[Page 35859]]
and visiting the docket, along with more information about dockets
generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
Technical information: Peter Deck, Existing Chemical Risk
Management Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 566-0488; email address:
<a href="/cdn-cgi/l/email-protection#a6f6e5e388f2f5e5e7e6c3d6c788c1c9d0"><span class="__cf_email__" data-cfemail="b8e8fbfd96ecebfbf9f8ddc8d996dfd7ce">[email protected]</span></a>.
General information: The TSCA-Hotline, ABVI-Goodwill, 422 South
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404;
email address: <a href="/cdn-cgi/l/email-protection#c195928280ec89aeb5ada8afa481a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="dc888f9f9df194b3a8b0b5b2b99cb9acbdf2bbb3aa">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
This action is directed to the public in general and may be of
particular interest to those involved in the manufacture (including
import), processing, distribution, use, and disposal of PCE or products
containing PCE, related industry trade organizations, non-governmental
organizations with an interest in human and environmental health, state
and local governments, Tribal Nations, and/or those interested in the
assessment or management of risks involving chemical substances and
mixtures regulated under TSCA. As such, the Agency has not attempted to
describe all the specific entities that this action might apply to. If
you need help determining applicability, consult the technical contact
listed FOR FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
Under TSCA section 6(a) (15 U.S.C. 2605(a)), if the Agency
determines through a TSCA section 6(b) risk evaluation that the
manufacture, processing, distribution in commerce, use or disposal of a
chemical substance presents an unreasonable risk of injury to health or
the environment, EPA must by rule apply one or more requirements listed
in TSCA section 6(a)(1)-(7) to the extent necessary so that the
chemical substance or mixture no longer presents such risk.
C. What action is the Agency taking?
On December 18, 2024, EPA released the final risk management rule
for PCE titled ``Perchloroethylene (PCE); Regulation Under the Toxic
Substances Control Act (TSCA)'' (89 FR 103560, December 18, 2024) (FRL-
8329-01-OCSPP) (hereinafter ``PCE final rule''). Following its
publication, EPA received several petitions for review related to the
rule. These petitions for review were consolidated in the U.S. Court of
Appeals for the Fifth Circuit. The Court granted a temporary abeyance
in the litigation through August 21, 2025.
On May 12, 2025, EPA filed a declaration with the Court advising
that the Agency intends to reconsider the PCE final rule through
further rulemaking. In that declaration, the Agency expressed its
intent to solicit early stakeholder input. EPA is now soliciting early
stakeholder input regarding its intended reconsideration of the rule.
EPA invites public comment on requirements and implementation of the
PCE final rule (89 FR 103560), particularly on the topics described in
Unit II. The information received in response to this notice will
inform EPA's considerations of these provisions.
This review is being done in accordance with applicable law,
Executive Orders, and Administration policies, including Executive
Order 14219 ``Ensuring Lawful Governance and Implementing the
President's `Department of Government Efficiency' Deregulatory
Initiative'' (90 FR 10583, February 19, 2025) and EPA's Powering the
Great American Comeback Initiative Pillar I: Clean Air, Land, and Water
for Every American.
D. What should I consider as I prepare my comments?
1. Submitting CBI
Do not submit CBI to EPA through <a href="https://www.regulations.gov">https://www.regulations.gov</a> or
email. If you wish to include CBI in your comment, please follow the
applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the information that you claim to be
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR parts 2 and 703, as applicable.
2. Tips for Preparing Your Comments
When preparing and submitting your comments, see the commenting
tips at <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
II. Request for Comment
EPA invites public comment on all aspects of the PCE final rule,
including but not limited to any existing or anticipated implementation
issues associated with the final rule requirements, experiences with
the PCE final rule since it went into effect, and whether the Agency
should consider additional or alternative measures or approaches to
address the unreasonable risk presented by PCE under the conditions of
use. Input on the following is of particular interest to EPA:
<bullet> The Existing Chemical Exposure Limit (ECEL) of 0.14 parts
per million (ppm) as an 8-hour time weighted average (8-hr TWA)
promulgated in the PCE final rule as part of the Workplace Chemical
Protection Program (WCPP) (see 40 CFR 751.603 and 751.607(b)),
including whether the use of a different exposure limit would be more
appropriate to inform risk management. Different exposure limits might
include but are not limited to: the acute non-cancer exposure limit of
0.50 ppm (8-hr TWA) and the lifetime cancer exposure limit of 0.47 ppm
(8-hr TWA) as presented in the Existing Chemical Exposure Limit (ECEL)
for Occupational Use of Perchloroethylene Memo available at <a href="https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0720-0043">https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0720-0043</a>.
<bullet> Conditions of use the Agency could contemplate subjecting
to a WCPP as opposed to imposing a prohibition. Information such as
workplace controls currently in place or other information
demonstrating how regulated parties could mitigate the unreasonable
risk of PCE for the condition of use would be most helpful to the
Agency.
<bullet> The use of PCE in industrial dry cleaning processes
including workplace controls that reduce exposure to PCE and the
performance of alternatives to PCE in these operations.
To the extent possible, the Agency asks commenters to please cite
and provide any public data related to or that supports comments
provided, and to the extent permissible, describe and provide any
supporting data that is not publicly available.
Authority: 15 U.S.C. 2605.
Dated: July 25, 2025.
Nancy B. Beck,
Principal Deputy Assistant Administrator, Office of Chemical Safety and
Pollution Prevention.
[FR Doc. 2025-14429 Filed 7-29-25; 8:45 am]
BILLING CODE 6560-50-P
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