Rule2025-19887
Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 14, 2025
Effective
February 17, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is extending the postponement of the effectiveness of certain regulatory provisions of the final rule entitled "Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)" for an additional 90 days. Specifically, this postponement applies to the conditions imposed on the uses with TSCA section 6(g) exemptions.
Full Text
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<title>Federal Register, Volume 90 Issue 218 (Friday, November 14, 2025)</title>
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[Federal Register Volume 90, Number 218 (Friday, November 14, 2025)]
[Rules and Regulations]
[Pages 51027-51028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19887]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 751
[EPA-HQ-OPPT-2020-0642; FRL-8317.1-05-OCSPP]
RIN 2070-AK83
Extension of Postponement of Effectiveness for Certain Provisions
of Trichloroethylene (TCE); Regulation Under the Toxic Substances
Control Act (TSCA)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification; extension of postponement of effectiveness.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
extending the postponement of the effectiveness of certain regulatory
provisions of the final rule entitled ``Trichloroethylene (TCE);
Regulation Under the Toxic Substances Control Act (TSCA)'' for an
additional 90 days. Specifically, this postponement applies to the
conditions imposed on the uses with TSCA section 6(g) exemptions.
DATES: As of November 17, 2025, EPA further postpones until February
17, 2026, the conditions imposed on each of the TSCA section 6(g)
exemptions, as described in this document, in the final rule published
on December 17, 2024, at 89 FR 102568.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2020-0642, is available online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Gabriela Rossner, Existing
Chemicals Risk Management Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 565-2426; email
address: <a href="/cdn-cgi/l/email-protection#540017117a00071715143124357a333b22"><span class="__cf_email__" data-cfemail="ffabbcbad1abacbcbebf9a8f9ed1989089">[email protected]</span></a>.
For general information contact: The TSCA Assistance Information
Service Hotline, Goodwill Vision Enterprises, 422 South Clinton Ave.,
Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-
1404; email address: <a href="/cdn-cgi/l/email-protection#f1a5a2b2b0dcb99e859d989f94b1948190df969e87"><span class="__cf_email__" data-cfemail="02565141432f4a6d766e6b6c67426772632c656d74">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 17, 2024, EPA issued a final risk-management rule under
TSCA section 6(a) prohibiting all uses of trichloroethylene (TCE), most
of which would be prohibited within one year, including TCE manufacture
and processing for most commercial and all consumer products. (89 FR
102568, December 17, 2024) (FRL-8317-02-OCSPP). The final rule included
extended phaseouts or TSCA section 6(g) exemptions to permit several
uses to continue under workplace restrictions for longer periods.
The final rule was originally scheduled to become effective on
January 16, 2025. EPA received petitions for an administrative stay of
the effective date on behalf of Microporous, LLC (Microporous), which
also separately sought partial reconsideration of the final rule, and
the Alliance for a Strong U.S. Battery Sector (Alliance) on January 10,
2025. EPA denied these requests on January 15, 2025. Microporous and
Alliance submitted renewed petitions to the Agency to stay the
effective date of the rule, or, in the alternative, for an
administrative stay of the final rule's workplace conditions for
battery separator manufacturers, on January 20, 2025. PPG Industries,
Inc. (PPG) also submitted a request for an administrative stay on
January 21, 2025.
EPA also received thirteen petitions for review of the final rule
in various circuits of the U.S. Courts of Appeals. On January 13, 2025,
petitioners Microporous and Alliance filed emergency motions for stay
in the U.S. Court of Appeals for the Fifth and Sixth Circuits of the
final rule's effective date and workplace conditions for battery-
separator manufacturers, as well as a temporary administrative stay of
the final rule pending consideration of the emergency stay motion. The
same day, the Fifth Circuit granted the motion for a temporary
administrative stay of the final rule's effective date while the court
considered the emergency stay motion.
Shortly thereafter, the petitions for review were consolidated in
the U.S. Court of Appeals for the Third Circuit as USW v. U.S. EPA,
Case No. 25-1055. On January 16, 2025, the Third Circuit issued an
order leaving the temporary administrative stay of the effective date
of the final rule in place pending briefing on whether the temporary
stay should be lifted or converted to a permanent stay. On January 21,
2025, petitioner PPG filed a new stay motion with the court, and
Alliance and Microporous refiled their existing motions to stay the
effective date. On January 24, 2025, EPA filed a motion requesting that
the court extend all deadlines in the case for sixty days, including
with respect to further stay briefing, which the court granted.
EPA temporarily delayed the effective date of the final rule until
March 21, 2025. (90 FR 8254, January 28, 2025) (FRL-12583-01-OA).
Although the final rule had yet to go into effect, it was incorporated
into the Code of Federal Regulations (CFR) on January 16, 2025. See 40
CFR part 751, subpart D.
On March 21, 2025, EPA signed a notice pursuant to section 705 of
the Administrative Procedure Act (APA), 5 U.S.C. 705, further
postponing the effective date of the provisions applicable to the
conditions of use subject to TSCA section 6(g) exemptions until June
20, 2025. Postponement of Effectiveness for Certain Provisions of
Trichloroethylene (TCE); Regulation under the Toxic Substances Control
Act (TSCA), 90 FR 14415, April 2, 2025 (FRL-8317.1-01-OCSPP) (``Initial
Notice''). In that notice, EPA explained that Petitioners Alliance,
Microporous, and PPG (``Industry Petitioners'') raised serious
questions regarding the Workplace Chemical Protection Program that
warranted a delay of the effective date of those provisions.
On March 28, 2025, the U.S. Court of Appeals for the Third Circuit
lifted the administrative stay except as to the provisions that are
subject to EPA's Initial Notice. The court also ordered EPA to file any
response to the pending
[[Page 51028]]
stay motions by May 27, 2025. On May 27, 2025, the Agency filed a
response to Industry Petitioners' motions for stay stating it did not
oppose a judicial stay of the provisions subject to EPA's Initial
Notice for the same reasons EPA requested an abeyance. Industry
Petitioners later replied in support of their stay motions. Also on May
27, 2025, EPA moved to hold the case in abeyance because it intends to
reconsider the final rule, including provisions subject to EPA's
Initial Notice, through notice-and-comment rulemaking. Industry
Petitioners later responded that they would prefer the court decide the
stay motions before deciding EPA's abeyance motion; otherwise, they
would oppose the abeyance. International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America; United Steel,
Paper, and Forestry, Rubber Manufacturing, Energy, Allied Industrial
Workers International Union; Center for Environmental Health; and
Environmental Defense Fund (``Environmental and Labor Petitioners'')
later opposed EPA's motion for abeyance. On June 18, 2025, EPA replied
in support of its abeyance motion that the majority of petitioners did
not oppose EPA's request.
One day earlier, on June 17, 2025, EPA signed a notice pursuant to
section 705 of the APA, 5 U.S.C. 705, further postponing the effective
date of the provisions applicable to the conditions of use subject to
TSCA section 6(g) exemptions until August 19, 2025. Extension of
Postponement of Effectiveness for Certain Provisions of
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control
Act (TSCA), 90 FR 26453, June 23, 2025 (FRL-8317.1-03-OCSPP) (``Second
Notice'').
On June 25, 2025, Environmental and Labor Petitioners filed a
letter advising the U.S. Court of Appeals for the Third Circuit of the
Second Notice. In its same-day response, EPA provided the court with a
published copy of the Second Notice. Industry Petitioners responded to
Environmental and Labor Petitioners' letter a few days later,
reiterating their position that the court should decide the pending
stay motions before deciding EPA's abeyance motion. The judicial
proceedings are ongoing.
On August 19, 2025, EPA signed a notice pursuant to section 705 of
the APA, 5 U.S.C. 705, further postponing the effective date of the
provisions applicable to the conditions of use subject to TSCA section
6(g) exemptions until November 17, 2025. Extension of Postponement of
Effectiveness for Certain Provisions of Trichloroethylene (TCE);
Regulation Under the Toxic Substances Control Act (TSCA), 90 FR 40534,
August 20, 2025 (FRL-8317.1-04-OCSPP) (``Third Notice'').
II. Statutory Authority
As discussed in the Initial Notice, section 705 of the APA
authorizes an agency to postpone the effective date of an agency action
pending judicial review when the agency finds ``that justice so
requires.'' 5 U.S.C. 705. Notice and comment is not required when an
agency delays the effective date of a rule under APA section 705
because such a stay pending judicial review is not substantive
rulemaking subject to APA section 553; it merely maintains the status
quo to allow for judicial review. See Bauer v. DeVos, 325 F. Supp. 3d
74, 106-07 (D.D.C. 2018); Sierra Club v. Jackson, 833 F. Supp. 2d 11,
28 (D.D.C. 2012).
III. Postponement of Effective Date
In light of the fact that the pending litigation is still ongoing
and for the same reasons as set forth in the Initial Notice, EPA has
determined that justice requires a 90-day extension of the postponement
of the effective date (i.e., until February 17, 2026) of the conditions
for each of the TSCA section 6(g) exemptions. See 40 CFR 751.325(a)(2).
The extension of the postponement applies, for example, to the
conditions imposed under the TSCA section 6(g) exemption for the use of
TCE as a processing aid for specialty polymeric microporous sheet
material manufacturing. 40 CFR 751.325(b)(6)(i) through (iv).
The postponement will temporarily preserve the status quo while the
Third Circuit litigation is pending. Nothing has materially changed
since the Initial Notice, nor the Second or Third Notice, that would
affect EPA's analysis of whether justice requires a stay of these
provisions. Therefore, per the reasons discussed in the Initial Notice,
EPA believes extending the postponement for 90 days is necessary.
Authority: 5 U.S.C. 705 and 15 U.S.C. 2605(a).
Lee Zeldin,
Administrator.
[FR Doc. 2025-19887 Filed 11-13-25; 8:45 am]
BILLING CODE 6560-50-P
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