Proposed Rule2026-20964
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA); Compliance Date Extensions
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
October 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is proposing to extend certain compliance dates applicable to certain entities subject to the regulation of trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA) until December 31, 2027, including for certain chemical processors in meeting the prohibition compliance deadline for the processing of TCE, industrial and commercial use of TCE as a processing aid, and associated wastewater disposal; and for refrigerant manufacturers in meeting the compliance deadline for phasing down TCE feedstock in the production of HFC-134a. This proposed compliance extension would allow for necessary and reasonable transition periods for regulated entities under TSCA section 6(d).
Full Text
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<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
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[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Proposed Rules]
[Pages 65148-65154]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20964]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 751
[EPA-HQ-OPPT-2026-7327; FRL-13574-01-OCSPP]
RIN 2070-AL45
Trichloroethylene (TCE); Regulation Under the Toxic Substances
Control Act (TSCA); Compliance Date Extensions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
proposing to extend certain compliance dates applicable to certain
entities subject to the regulation of trichloroethylene (TCE) under the
Toxic Substances Control Act (TSCA) until December 31, 2027, including
for certain chemical processors in meeting the prohibition compliance
deadline for the processing of TCE, industrial and commercial use of
TCE as a processing aid, and associated wastewater disposal; and for
refrigerant manufacturers in meeting the compliance deadline for
phasing down
[[Page 65149]]
TCE feedstock in the production of HFC-134a. This proposed compliance
extension would allow for necessary and reasonable transition periods
for regulated entities under TSCA section 6(d).
DATES: Comments must be received on or before November 13, 2026.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2026-7327, using the Federal eRulemaking Portal
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. As required by the Administrative
Procedure Act at 5 U.S.C. 553(b)(4), a plain language summary of the
rule is available 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 or 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:
For technical information contact: Simon Regenold, 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) 566-1537; email
address: <a href="/cdn-cgi/l/email-protection#0753444229535444464762776629606871"><span class="__cf_email__" data-cfemail="613522244f35322220210411004f060e17">[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#5501061614781d3a21393c3b30153025347b323a23"><span class="__cf_email__" data-cfemail="1440475755395c7b60787d7a71547164753a737b62">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this rule if you manufacture,
process, distribute in commerce, use, or dispose of TCE, or products
containing TCE. TSCA section 3(9) defines the term ``manufacture'' to
mean ``to import into customs territory of the United States (as
defined in general note 2 of the Harmonized Tariff Schedule of the
United States), produce, or manufacture.'' Therefore, unless expressly
stated otherwise, importers of TCE are subject to provisions regulating
manufacture of TCE once the chemical enters the customs territory of
the United States. Potentially affected entities may be included in the
following lists of North American Industrial Classification System
(NAICS) codes:
<bullet> Wood Window and Door Manufacturing (NAICS code 321911);
<bullet> Other Basic Inorganic Chemical Manufacturing (NAICS code
325180);
<bullet> Medicinal and Botanical Manufacturing (NAICS code 325411);
<bullet> All Other Miscellaneous Chemical Product and Preparation
Manufacturing (NAICS code 325998);
<bullet> Rubber and Plastics Hoses and Belting Manufacturing (NAICS
code 326220);
<bullet> Rubber Product Manufacturing for Mechanical Use (NAICS
code 326291); and
<bullet> Storage Battery Manufacturing (NAICS code 335911).
B. What is the agency's authority for taking this action?
Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines
through a TSCA section 6(b) risk evaluation that a chemical substance
presents an unreasonable risk of injury to health or the environment
under the conditions of use, EPA must by rule apply one or more
requirements listed in TSCA section 6(a) to the extent necessary so
that the chemical substance or mixture no longer presents such risk
under the conditions of use. EPA must specify compliance dates under
TSCA section 6(d) (15 U.S.C. 2605(d)) for any TSCA section 6(a) rule.
For TCE, EPA promulgated a final risk management rule under TSCA
section 6(a) in 2024 (``2024 TCE Final Rule'') (Ref. 1) and an interim
final rule extending compliance dates for two specific TCE conditions
of use in 2025 (``2025 TCE Interim Final Rule'') (Ref. 2). Each of
these TSCA section 6(a) actions include compliance dates pursuant to
TSCA section 6(d). This action proposes to alter some of the compliance
dates finalized in 2024 or finalized in subsequent amended rulemakings.
Unless provided otherwise by law, agencies may change existing
positions (e.g., reconsider, revise, or rescind prior rules) provided
that they acknowledge the change in position, offer a reasoned
explanation for the change, and take any serious reliance interests
into account. See, e.g., FDA v. Wages & White Lion Invs., L.L.C., 145
S. Ct. 898, 917 (2025); Encino Motorcars v. Navarro, 579 U.S. 211, 221
(2016); FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009);
Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S.
29 (1983). For the reasons set out in Units II and III of this
preamble, EPA is proposing to revise select compliance dates. EPA is
not aware of any serious reliance interests regarding this proposal.
C. What action is the agency taking?
EPA is proposing to amend 40 CFR 751.305 and 40 CFR 751.313 to
extend the prohibition compliance dates for processing TCE as a
reactant/intermediate, processing for and industrial and commercial use
of TCE as a processing aid in: process solvent used in battery
manufacture, process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture, extraction
solvent used in caprolactam manufacture, precipitant used in beta-
cyclodextrin manufacture (hereinafter referred to as ``industrial and
commercial use of TCE as a processing aid''), and the disposal of TCE
from such processing or uses to industrial pre-treatment, industrial
treatment, or publicly owned treatment works from December 18, 2026, to
December 31, 2027.
EPA is also proposing to amend 40 CFR 751.307 to extend the
compliance timeframe for a step in the phase-out of processing TCE as
an intermediate to manufacture HFC-134a. Specifically, EPA is proposing
to extend the compliance deadline from June 7, 2027, to December 31,
2027, for each manufacturer of HFC-134a via processing TCE as an
intermediate to process TCE at an annual volume no greater than 75
percent of the baseline.
EPA is also proposing to amend 40 CFR 751.321 to amend the
compliance deadline for downstream notification, and the text required
to be present in the SDS, to accurately reflect the new prohibition
compliance deadline for processing TCE as a reactant/intermediate,
processing for and industrial and commercial use of TCE as a processing
aid, and the disposal of TCE from such processing or uses to industrial
pre-treatment, industrial treatment, or publicly owned treatment works.
The new text would be required to be updated 30 days after the
publication of the final rule.
D. Why is the Agency taking this action?
EPA is proposing to address ongoing difficulties associated with
compliance dates for the 2024 TCE Final Rule and 2025 Interim Final
Rule for certain chemical processors and refrigerant manufacturers due
to challenges with the implementation of the respective prohibition and
phaseout, in order to provide a reasonable transition period to no
longer process TCE. As detailed further in Unit III.A.1, soon after
publication of the 2024 TCE Final Rule, chemical processors and
chemical manufacturers explained to EPA that the prohibition on
processing TCE as a
[[Page 65150]]
reactant/intermediate, and associated wastewater disposal, would cause
significant hardships to the chemical manufacturing sector because
byproduct TCE at levels above the regulatory threshold is regularly
transferred between sites during the manufacture of other chemicals
(Refs. 3, 4 and 5).
EPA is also concerned about the prohibition on the processing for
and industrial and commercial use of TCE as a processing aid with the
same compliance date, as EPA believes it may also warrant a more
reasonable compliance timeframe for chemical processing. Due to the
regular transfer of byproduct TCE between sites during the manufacture
of other chlorinated solvents, a prohibition on processing TCE on
December 18, 2026, could have significant negative impacts on the
production of other chlorinated solvents in the United States (Ref. 3).
Separately, after publication of the 2024 TCE Final Rule, EPA
received information from processors of TCE who manufacture HFC-134a
about the continued need for high production of the refrigerant past
the 2024 Final Rule's phaseout compliance dates (Ref. 6). As discussed
further in Unit III.A.2, HFC-134a manufacturers now need a longer
transition period so they can continue using a higher volume of TCE
feedstock in order to meet demand for national security and critical
infrastructure (Ref. 6). EPA's proposed amendment to the compliance
deadline for downstream notification, and the text required to be
present in SDSs, is being modified to accurately reflect the new
prohibition compliance deadlines for processing being proposed in this
action.
E. What are the incremental economic impacts?
EPA evaluated the potential incremental economic impacts and
determined that these changes would have minimal impacts on the
estimated costs and benefits of the existing actions and would
primarily result in a delay when those costs and benefits begin
accruing. Quantified costs are expected to be the same as estimated in
the 2024 TCE Final Rule but will not be incurred until the proposed
compliance date extensions expire. Relying on the cost estimates in
section 7 of the economic analysis of the TCE Final Rule (Ref. 7), EPA
estimates that the proposed extension of compliance dates would result
in present value cost savings of $0.62-0.65 million (2024$ in 2026),
forgone health benefits of $3,795 to $7,844 (2025$), and annualized
cost savings of $ 0.04-0.06 million (2024$ in 2026, 3%-7% discount rate
respectively, 20-year time horizon). EPA notes that, in the event that
alternative compliance timeframes are finalized in response to comments
received on this proposal, these impacts would be modified accordingly
(e.g., cost savings likely increase as the duration of the compliance
timeframe extension increases).
II. Background
On December 17, 2024, EPA published the 2024 TCE Final Rule under
TSCA section 6(a) to address unreasonable risk to human health (89 FR
102568) (FRL-8317-02-OCSPP). The 2024 TCE final rule prohibits the
manufacture (including import), processing, and distribution in
commerce of TCE for all uses (industrial, commercial, and consumer),
while including longer compliance timeframes with reasonable worker
protections for some processing and industrial and commercial uses
until the prohibitions come into effect, so that TCE no longer presents
an unreasonable risk to workers, occupational non-users, consumers, and
bystanders.
After publication of the 2024 TCE Final Rule, EPA was made aware of
a previously unidentified use of TCE as a processing aid in the
manufacture of nuclear fuel and promulgated an interim final rule in
September of 2025 to amend the prohibition compliance deadlines until
September 15, 2028, to provide a reasonable transition period for that
use (Ref. 2). EPA additionally extended the deadlines for disposal of
TCE to wastewater for processors of TCE as a reactant/intermediate and
certain processors and industrial and commercial users of TCE as a
processing aid to December 18, 2026, to match the prohibition
compliance date for these processing conditions of use.
EPA received three TSCA section 21 petitions concerning the 2024
TCE Final Rule: from American Chemistry Council (ACC) on May 29, 2025
(withdrawn September 19, 2025) (Refs. 3 and 8); from PPG Industries,
Inc. on March 24, 2025 (withdrawn June 11, 2025) (Refs. 4 and 9); and
from the Alliance for a Strong U.S. Battery Sector and Microporous on
April 30, 2025 (withdrawn July 25, 2025) (Refs. 5 and 10). While these
petitions were withdrawn, EPA recognizes the potential merits of
certain requests contained in these petitions and is planning to
address them in amendments to the rule through a future notice-and-
comment rulemaking.
After issuing the TCE Final Rule, EPA received petitions for review
that were consolidated in the U.S. Court of Appeals for the Third
Circuit. EPA has since announced its intention to reconsider the TCE
Final Rule.
III. Provisions of This Proposed Rule
For any TSCA section 6(a) rule, EPA must specify mandatory
compliance dates that are ``as soon as practicable,'' while allowing
for ``a reasonable transition period.'' 15 U.S.C. 2605(d)(1)(B) and
(E). EPA acknowledges that it is proposing a change in position from
the 2024 TCE Final Rule and the 2025 TCE Interim Final Rule. EPA
intended that the compliance timeframes in these rules would be as soon
as practicable while allowing for a reasonable transition period (see
Unit I.E of the 2024 TCE Final Rule, and Unit III of the 2025 TCE
Interim Final Rule). However, the Agency did not fully anticipate the
challenges that certain entities are now experiencing: for chemical
processors in meeting the prohibition compliance deadline for the
processing of TCE, industrial and commercial use of TCE as a processing
aid, and associated wastewater disposal (Unit III.A); and for
refrigerant manufacturers in meeting the compliance deadline for
phasing down TCE feedstock in the production of HFC-134a (Unit III.B).
Accordingly, EPA proposes that the compliance dates detailed in this
Unit would be more feasible and workable, and compliant with EPA's
obligations under TSCA section 6(d) for TCE, than those finalized in
2024 or amended in 2025.
A. Processing TCE as a Reactant/Intermediate, Industrial and Commercial
Use of TCE as a Processing Aid, and Their Associated Wastewater
Disposal
EPA is proposing to amend the compliance deadline for the
prohibition on processing TCE as a reactant/intermediate and the
industrial and commercial use of TCE as a processing aid in certain
chemical manufacturing to December 31, 2027. EPA is also proposing to
amend the compliance deadline for the prohibition on the associated
disposal of TCE to wastewater by processors of TCE and processors and
industrial and commercial users of TCE as a processing aid to December
31, 2027.
In the 2024 TCE Final Rule, EPA finalized a prohibition on
processing and distributing in commerce (including making available) of
TCE as of June 16, 2025 (40 CFR 751.305(b)(2)). EPA also finalized
extended phaseouts for processing of TCE as a reactant/intermediate and
processing for and the industrial and commercial use of TCE as a
processing aid to continue until December 2026 (40 CFR
[[Page 65151]]
751.305(b)(9)(i)), and an exclusion from all prohibitions and
restrictions for processing (including reuse) of TCE as a byproduct
when that TCE byproduct is processed within a site-limited, physically
enclosed system that is part of the same overall manufacturing process
from which the byproduct TCE was generated (40 CFR 751.301(c)).
After the publication of the 2024 TCE Final Rule, EPA received a
Section 21 petition from the ACC regarding the exclusion on byproduct
reprocessing and the wastewater disposal associated with processing TCE
(Ref. 3). In response, in the 2025 TCE Interim Final Rule EPA amended
the compliance deadline from September 15, 2025, to December 18, 2026,
for the prohibition on disposal of TCE to wastewater for processors of
TCE as a reactant/intermediate and processors for and industrial and
commercial users of TCE as a processing aid for certain industrial
sectors. This action aligned the disposal prohibition with the December
18, 2026, prohibition on such uses in the 2024 Final Rule. This change
responded to the concerns raised to EPA that processing conditions of
use also involve disposal of TCE to wastewater that inadvertently was
not similarly subject to the same compliance deadline (Ref. 2).
Through the Section 21 Petition and subsequent engagement, EPA was
made aware after the 2024 final rule that byproduct TCE that is present
in feedstock streams is sent by railcar between facilities to be
further processed. This usually occurs between facilities of the same
company, where one site has chemical manufacturing capabilities that
another does not (Refs. 3, 8, 11 and 13). If the prohibition on
processing TCE goes into effect on December 18, 2026, then the
processing of byproduct TCE that travels between sites will be
prohibited, along with disposal of this byproduct TCE to wastewater.
Disposal of this byproduct TCE would therefore require incineration; if
all byproduct TCE that is currently reused in a different facility must
be incinerated, it would cause significant implementation concerns,
including exceeded permit limitations and potential facility closures.
Petitioners have indicated that the inability to send unpurified
chlorinated solvent product streams with byproduct TCE between
facilities would significantly disrupt the national supply chain by
disproportionately impacting operations in the manufacture of other
chlorinated solvents which unintentionally produce TCE as a byproduct
(importantly perchloroethylene, carbon tetrachloride, methylene
chloride, and 1,2-dichloroethane) in the United States (Refs. 3, 8, 11
and 13). In the 2024 TCE Final Rule and 2025 TCE Interim Final Rule EPA
did not anticipate these implications.
As such, EPA is proposing to amend the compliance deadline for the
prohibition on processing TCE as a reactant/intermediate and the
wastewater disposal associated with such processing TCE until December
31, 2027, so that regulated entities would not be held in non-
compliance with the relevant requirements in the 2024 TCE Final Rule
and the 2025 TCE Interim Final Rule. EPA is also proposing to amend the
compliance deadline for the prohibition on industrial and commercial
use of TCE as a processing aid because EPA believes, based on ACC's
comments, that this condition of use also needs a longer transition
period. These ongoing difficulties (see Unit I.D.2) in complying with
the prohibitions and restrictions of the TCE final rule, particularly
the need to transfer byproduct chemicals off site, warrant a longer
reasonable transition period for this group of uses than EPA expected
in 2024 or 2025. Given the two years provided for this compliance date
in the 2024 TCE rule, EPA considers this extension of no more than one
year to be appropriate because it is ``as soon as practicable,'' while
allowing for ``a reasonable transition period'' (15 U.S.C.
2605(d)(1)(B) and (E)). Separately, EPA has initiated a rulemaking
under RIN 2070-AL41 through which the Agency is reconsidering various
elements of the 2024 TCE Final Rule, including various workplace
exposure controls and prohibitions on certain industrial and commercial
uses.
B. Processing TCE as an Intermediate for the Manufacture of HFC-134a
EPA is proposing to amend the compliance deadline for the first
phaseout reduction of the processing of TCE as an intermediate for the
manufacture of HFC-134a (1,1,1,2-tetrafluroethane; CASRN 811-97-2).
Under the 2024 TCE Final Rule, stakeholders processing TCE to
manufacture HFC-134a would have to cut the amount of TCE feedstock they
use to 75% of their baseline by June 7, 2027. EPA is proposing to amend
the compliance deadline so that this reduction in TCE feedstock would
instead occur by December 31, 2027.
At the time of publication of the 2024 TCE Final Rule, the public
comments EPA had received from the regulated community supported this
phaseout schedule. After the publication of the 2024 TCE Final Rule,
EPA received new information from Orbia Fluor & Energy Materials
(Orbia) regarding the continued need for HFC-134a for military,
industrial, and medical applications at rates higher than the 2024 TCE
final rule phaseout accounted for (Refs. 6 and 12). Since the
publication of the 2024 TCE Final Rule, the 2024 TCE final rule
phaseout is no longer in alignment with the AIM Act phasedown because
Orbia has received more allowances and anticipates receiving further
allowances under the AIM Act to manufacture HFC-134a than initially
anticipated (Ref. 6). The demand for HFC-134a from users in critical
infrastructure and national security applications is now expected to
remain significant through the early 2030s (Ref. 12).
By proposing to amend the compliance deadline for the first
phasedown reduction in TCE feedstock volume to be in December instead
of June 2027, EPA intends to allow time for a reasonable transition
period given the changes in AIM Act allowances received for HFC-134a
manufacture. This new compliance deadline will allow manufacturers of
HFC-134a to meet needs from critical infrastructure and national
security users while allowing for a transition that has a reasonable
timeframe and will not produce unintended negative consequences. It is
important to amend this compliance date because if the June 2027 date
is not changed, HFC-134a manufacturers must otherwise begin curtailing
their production of the refrigerant before the demand abates,
negatively impacting critical infrastructure and national security
application needs. Given the two and a half years provided for this
compliance date in the 2024 TCE rule, EPA considers this extension of
no more than 6 and a half months to be appropriate because it is ``as
soon as practicable,'' while allowing for ``a reasonable transition
period'' (15 U.S.C. 2605(d)(1)(B) and (E)).
Separately, EPA has initiated a rulemaking under RIN 2070-AL41
through which the Agency is reconsidering various elements of the 2024
TCE final rule, including stakeholders' larger issues with the use of
TCE for HFC-134a manufacturing.
C. Downstream Notification
In keeping with the proposed new prohibition compliance deadline
for processing TCE as a reactant/intermediate in chemical
manufacturing, processing for and industrial and commercial use of TCE
as a processing aid in certain chemical manufacturing, and the disposal
of TCE
[[Page 65152]]
from such processing or uses to industrial pre-treatment, industrial
treatment, or publicly owned treatment works, EPA also proposes to
amend the downstream notification requirements of the 2024 TCE Final
Rule to accurately reflect the restrictions on TCE. Accurate downstream
notification is necessary to spread awareness throughout the supply
chain of the restrictions on use of TCE under TSCA, as well as provide
information to commercial end users about allowable uses of TCE until
the prohibition compliance dates. EPA recognizes that the 2024 TCE
Final Rule and 2025 Interim Final Rule compliance deadlines for
updating the SDS of June 16, 2025, and December 16, 2025, respectively,
have already passed and as such, manufacturers, processors, and
distributors in commerce of TCE would need to update or amend their SDS
shortly after doing so already. EPA proposes that 30 days from the
publication of the final rule is a practicable time to update the SDS
for manufacturers, processors, and distributors in commerce of TCE.
IV. Requests for Comment
EPA is requesting public comment on all aspects of this proposal.
EPA notes that the proposed compliance dates may be subject to change
depending on the timing of the final rulemaking and public comment.
1. EPA requests comment on the changes proposed in this action,
including whether stakeholders have any serious reliance interests that
may be impacted and, if so, how such interests should be accounted for
in any final action.
2. EPA requests comment on a stakeholder requested alternative
compliance deadline of December 18, 2028, for the TCE uses that this
rule proposes to extend, and whether there is a basis that this longer
deadline, compared to the proposed date of December 31, 2027, would be
``as soon as practicable,'' while allowing for ``a reasonable
transition period.'' (15 U.S.C. 2605(d)(1)(B) and (E)) (Ref. 13).
3. EPA requests comment on an expedited (e.g., 14 day) or immediate
effective date of this extension rule because the December 18, 2026,
compliance deadline is fast approaching.
V. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. Trichloroethylene; Regulation under the Toxic Substances
Control Act; Final Rule. RIN 2070-AK83. Federal Register (89 FR
102568, December 17, 2024) (FRL-8317-02-OCSPP). <a href="https://www.govinfo.gov/content/pkg/FR-2024-12-17/pdf/2024-29274.pdf">https://www.govinfo.gov/content/pkg/FR-2024-12-17/pdf/2024-29274.pdf</a>.
2. EPA. Trichloroethylene; Regulation Under the Toxic Substances
Control Act (TSCA); Compliance Date Extension. RIN 2070-AL32.
Federal Register (90 FR 44772, September 17, 2025) (FRL-8317.2-01-
OCSPP). <a href="https://www.govinfo.gov/content/pkg/FR-2025-09-17/pdf/2025-17948.pdf">https://www.govinfo.gov/content/pkg/FR-2025-09-17/pdf/2025-17948.pdf</a>.
3. Robert Simon. American Chemistry Council's Petition for
Rulemaking to Reconsider Provisions of the Trichloroethylene TSCA
Risk Management Rule. (89 FR 102568, December 17, 2024). May 27,
2025. <a href="https://www.epa.gov/system/files/documents/2025-06/sec.-21-petition-acc-reconsider-tce-rm-rule-25-04529-ao-ex-1.pdf">https://www.epa.gov/system/files/documents/2025-06/sec.-21-petition-acc-reconsider-tce-rm-rule-25-04529-ao-ex-1.pdf</a>.
4. Steven F. Faeth. TSCA Section 21 Petition to Initiate a
Proceeding for the Amendment of EPA's Final Rule for
Trichloroethylene (TCE) Regarding PPG's Section 6(g) Exemption.
March 24, 2025. <a href="https://www.epa.gov/system/files/documents/2025-05/tsca-section-21-petition-to-initiate-a-proceeding-for-the-amendment-of-epas-final-rule-for-trichloroethylene-tce-regarding-ppgs-section-6g-exemption.pdf">https://www.epa.gov/system/files/documents/2025-05/tsca-section-21-petition-to-initiate-a-proceeding-for-the-amendment-of-epas-final-rule-for-trichloroethylene-tce-regarding-ppgs-section-6g-exemption.pdf</a>.
5. Daniel J. Feith. Alliance for a Strong U.S. Battery Sector
and Microporous, LLC's Petition for Reconsideration of Exemption
Conditions in the Final Trichloroethylene Ban. April 30, 2025.
<a href="https://www.epa.gov/system/files/documents/2025-05/alliance-for-a-strong-u.s.-battery-sector-and-microporous-petition-for-reconsideration-of-exemption-conditions-in-the-final-trichloroethylene-ban_1.pdf">https://www.epa.gov/system/files/documents/2025-05/alliance-for-a-strong-u.s.-battery-sector-and-microporous-petition-for-reconsideration-of-exemption-conditions-in-the-final-trichloroethylene-ban_1.pdf</a>.
6. Orbia. Letter RE: Request for TSCA Section 6(g) Exemption
Rulemaking for TCE Processing as a Raw Material in HFC-134a
Production at the Orbia St. Gabriel, Louisiana Facility. June 8,
2026.
7. EPA. Economic Analysis of the Final Regulation of
Trichloroethylene Under TSCA Section 6(a). November 2024. <a href="https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0642-0728">https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0642-0728</a>.
8. Robert Simon. American Chemistry Council's Withdrawal Letter
for Petition for Rulemaking to Reconsider Provisions of the
Trichloroethylene TSCA Risk Management Rule, 89 FR 102568. September
19, 2025. <a href="https://www.epa.gov/system/files/documents/2025-11/section-21_tce-rm-rule_closeout-letter-acc_10.16.2025_od-signature_er_0.pdf">https://www.epa.gov/system/files/documents/2025-11/section-21_tce-rm-rule_closeout-letter-acc_10.16.2025_od-signature_er_0.pdf</a>.
9. EPA. Letter for PPG withdrawal for Petition to Initiate a
Proceeding for the Amendment of EPA's Final Rule for
Trichloroethylene (TCE) Regarding PPG's Section 6(g) Exemption. June
12, 2025. <a href="https://www.epa.gov/system/files/documents/2025-06/section-21_tce-rm-rule_closeout-letter-ppg_06.11.2025_od-signature_er.pdf">https://www.epa.gov/system/files/documents/2025-06/section-21_tce-rm-rule_closeout-letter-ppg_06.11.2025_od-signature_er.pdf</a>.
10. EPA. Letter for Alliance for a Strong U.S. Battery Sector
and Microporous, LLC's Withdrawal for Petition for Reconsideration
of Exemption Conditions in the Final Trichloroethylene Ban. July 29,
2025. <a href="https://www.epa.gov/system/files/documents/2025-07/epa-letter-closing-out-april-30-2025-tsca-sec.-21-petition_0.pdf">https://www.epa.gov/system/files/documents/2025-07/epa-letter-closing-out-april-30-2025-tsca-sec.-21-petition_0.pdf</a>.
11. EPA. American Chemistry Council Meeting Memo. July 23, 2025.
<a href="https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0642-0738">https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0642-0738</a>.
12. Orbia. Meeting with Orbia Fluor & Energy Materials on Risk
Management under TSCA Section 6 for Trichloroethylene (TCE). May 12,
2026.
13. Sarah K. Soliman. Request for an extension of the December
18, 2026, prohibition compliance date for (1) off-site processing of
feedstock streams containing trichloroethylene (TCE) and (2)
disposal of wastewater containing trace levels of TCE by chemical
processors under the December 2024 Toxic Substances Control Act
(TSCA) risk management rule for TCE. August 24, 2026.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011). Any changes made in response to Executive Order
12866 review have been documented in the docket.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory
action because the action is expected to result in cost savings, as
discussed in Unit I.E.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection
activities or burden subject to OMB review and approval under the PRA,
44 U.S.C. 3501 et seq. However, this action defers the costs associated
with paperwork and
[[Page 65153]]
recordkeeping burden for an existing information collection because the
delayed compliance dates alter the time horizon of the collection's
analysis. Burden is defined in 5 CFR 1320.3(b). OMB has previously
approved the information collection activities contained in the
existing regulations and associated burden under OMB Control No. 2070-
0232 (EPA ICR No. 2775.02). An agency may not conduct or sponsor, and a
person is not required to respond to a collection of information that
requires OMB approval under PRA, unless it has been approved by OMB and
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations in title 40 of the CFR, after appearing in the
Federal Register, are listed in 40 CFR part 9, and included on the
related collection instrument or form, if applicable.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this action is any significant adverse economic
impact on small entities, and the Agency is certifying that this rule
will not have a significant economic impact on a substantial number of
small entities because the rule relieves regulatory burden on the small
entities subject to the rule. This action would extend the compliance
date for the prohibition on processing TCE as a reactant/intermediate
and the industrial and commercial use of TCE as a processing aid and
their associated disposal until 2028, the compliance date for the first
phase of the phaseout of TCE processing in the manufacture of HFC-134a
until 2028, and the compliance deadline for downstream notification and
the text required to be present in SDSs for TCE starting 30 days after
publication of the final rule. We have therefore concluded that this
action will relieve regulatory burden for all directly regulated small
entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The costs involved in this action are estimated not
to exceed $187 million in 2024$ ($100 million in 1995$, adjusted for
inflation using the GDP implicit price deflator) or more in any one
year. EPA estimates the annualized cost savings of extending compliance
dates in this action to be $0.04-0.06 million.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it does
not have substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) directs federal
agencies to include an evaluation of the health and safety effects of
the planned regulation on children in federal health and safety
standards and explain why the regulation is preferable to potentially
effective and reasonably feasible alternatives. This action is not
subject to Executive Order 13045 because it is not a significant
regulatory action under section 3(f)(1) of Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.
Nevertheless, as in the 2024 TCE final rule, EPA's Policy on
Children's Health applies to this action. The environmental health or
safety risks addressed by the 2024 TCE final rule present a
disproportionate risk to children due to TCE's developmental toxicity,
as described in Unit VIII.G of that rule. However, this action would
not alter the requirements of the final rule promulgated in 2024 that
addresses the unreasonable risks presented by TCE under its conditions
of use. Rather, this action would delay when entities must comply with
certain provisions in order to provide a reasonable transition period
for compliance as required under TSCA section 6(d)(1)(E). Information
on how the Policy was applied in the 2024 TCE final rule and on that
action's health and risk assessments is available under Units II.C.,
II.D. and IV.A of the final rule as well as in the 2020 Risk
Evaluation, and the Economic Analysis for the final rule.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards under NTTAA
section 12(d), 15 U.S.C. 272. EPA determined that the 2024 TCE final
rule involves environmental monitoring or measurement for occupational
inhalation exposures and, consistent with the Agency's Performance
Based Measurement System, decided not to require the use of specific,
prescribed analytic methods. However, this action would simply extend
compliance dates as described in Unit III.
List of Subjects in 40 CFR Part 751
Environmental protection, Chemicals, Export notification, Hazardous
substances, Import certification, Reporting and recordkeeping.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR part 751 as follows:
PART 751--REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES
UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT
0
1. The authority citation for part 751 continues to read as follows:
Authority: 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).
0
2. Amend Sec. 751.305 by revising (b)(9) introductory text to read as
follows:
Sec. 751.305 Prohibitions of manufacturing, processing, distribution
in commerce, use and disposal.
* * * * *
(b) * * *
* * * * *
(9) After December 31, 2027, except for those uses specified in
paragraphs
[[Page 65154]]
(b)(14), (23), (24), and (27) of this section, all persons are
prohibited from:
* * * * *
0
3. Amend Sec. 751.307 by revising paragraph (b)(1) to read as follows:
Sec. 751.307 Phase-out of processing trichloroethylene to manufacture
of HFC-134a.
* * * * *
(b) * * *
(1) Beginning December 31, 2027, each manufacturer of HFC-134a who
processes TCE as an intermediate is not permitted to process TCE as an
intermediate at an annual volume greater than 75 percent of the
baseline.
* * * * *
0
4. Amend Sec. 751.313 by revising paragraph (h) introductory text to
read as follows:
Sec. 751.313 Phase-out of disposal of TCE to industrial pre-
treatment, treatment, or publicly owned treatment works.
* * * * *
(h) Except for those uses specified in paragraphs (b), (c), and (d)
of this section, all persons engaged in the uses specified in
paragraphs (h)(i) or (ii) of this section are prohibited from disposal
of TCE to industrial pre-treatment, industrial treatment, or publicly
owned treatment works after December 31, 2027:
* * * * *
0
5. Amend Sec. 751.321 by:
0
a. Revising paragraph (d).
0
b. Adding paragraphs (f) and (g).
The revisions and additions read as follows:
Sec. 751.321 Downstream notification.
* * * * *
(d) Beginning on December 16, 2025, and before [DATE 30 DAYS AFTER
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], each person who
manufactures (including imports), processes, or distributes in commerce
TCE or any TCE-containing products must, prior to or concurrent with
the shipment, notify companies to whom TCE is shipped, in writing, of
the restrictions described in this subpart in accordance with paragraph
(e) of this section.
* * * * *
(f) Beginning [DATE 30 DAYS AFTER PUBLICATION OF FINAL RULE IN THE
FEDERAL REGISTER], each person who manufactures (including imports),
processes, or distributes in commerce TCE or any TCE-containing
products must, prior to or concurrent with the shipment, notify
companies to whom TCE is shipped, in writing, of the restrictions
described in this subpart in accordance with paragraph (g) of this
section.
(g) The notification required under paragraph (f) of this section
must occur by inserting the following text in section 1(c) and 15 of
the Safety Data Sheet (SDS) provided with the TCE or with any TCE-
containing product:
``After June 16, 2025, this chemical/product is and can only be
domestically manufactured, imported, processed, or distributed in
commerce for the following purposes until the following prohibitions
take effect: (1) Processing as an intermediate (a) for the manufacture
of HFC-134a until June 18, 2033, and (b) for all other processing as a
reactant/intermediate until December 31, 2027; (2) Industrial and
commercial use as a solvent for open-top batch vapor degreasing until
December 18, 2025; (3) Industrial and commercial use as a solvent for
closed-loop batch vapor degreasing until December 18, 2025, except for
industrial and commercial use in batch vapor degreasing for land-based
DOD defense systems by Federal agencies and their contractors until
December 18, 2029, and except for industrial and commercial use as a
solvent for closed-loop batch vapor degreasing necessary for rocket
engine cleaning by Federal agencies and their contractors until
December 18, 2031, and except for industrial and commercial use of TCE
in closed-loop and open-top batch vapor degreasing for essential
aerospace parts and components and narrow tubing used in medical
devices until December 18, 2031, and except for industrial and
commercial use as a solvent for closed-loop batch vapor degreasing for
rayon fabric scouring for end use in rocket booster nozzle production
by Federal agencies and their contractors until December 18, 2034; (4)
Industrial and commercial use in processing aid (a) for lithium battery
separator manufacturing until December 18, 2029, and (b) for lead-acid
battery separator manufacturing until December 18, 2044, and (c) for
specialty polymeric microporous sheet material manufacturing until
December 18, 2039, and (d) in process solvent used in battery
manufacture; in process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; in extraction
solvent used in caprolactam manufacture; and in precipitant used in
beta-cyclodextrin manufacture until December 31, 2027; (5) Industrial
and commercial uses for vessels of the Armed Forces and their systems,
and in the maintenance, fabrication, and sustainment for and of such
vessels and systems until December 18, 2034; (6) Industrial and
commercial use for laboratory use (a) for essential laboratory
activities until December 18, 2074 and (b) for asphalt testing and
recovery using manual centrifuge processes until December 18, 2029 and
for asphalt testing and recovery until December 18, 2034; and (7)
Industrial and commercial use as a processing aid in the manufacture of
nuclear fuel until September 15, 2028.
* * * * *
[FR Doc. 2026-20964 Filed 10-13-26; 8:45 am]
BILLING CODE 6560-50-P
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