BY: NICK HILL, LPG
On March 24, 2025, the Environmental Protection Agency (EPA) issued an announcement regarding the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE). As we reported in our Blog on December 19, 2024, the EPA intended to prohibit most consumer and commercial uses of TCE within 1 year of the January 16, 2025, effective date, as stated in the December 17, 2024, Federal Register 89 FR 102568. However, according to the newest announcement, the EPA received multiple petitions for review of the final rule that were subsequently consolidated under the Third Circuit Court of Appeals, and a court-ordered temporary stay has prevented the TCE final rule from going into effect.
Additionally, to comply with the terms of President Trump’s Regulatory Freeze Pending Review January 20, 2025 memorandum, the EPA issued the Delay of Effective Date for 4 Final Regulations Published by the Environmental Protection Agency Between November 29, 2024, and December 31, 2024 on January 28, 2025 (90 FR 8254). This action initially delayed the TCE final rule’s effective date from January 16, 2025, to March 21, 2025. However, the EPA is now expecting to publish an additional notice further postponing requirements for 90 days, to June 20, 2025. The additional 90-day postponement notice is currently under judicial review.
These rule postponements are being requested in parallel to the EPA asking for a 60-day extension to the court ordered January 16, 2025, temporary stay so the EPA can determine what next steps should be taken.
Given the delayed effective date for the TSCA TCE rule, dry cleaners and industrial operators who have not switched to non-chlorinated solvent options will have more time to consider their options and prepare for the transition. We will continue to monitor the TSCA TCE rule that will potentially ban TCE use and provide information shared by the EPA to keep our clients informed.
