On March 24, 2025, the U.S. Environmental Protection Agency (EPA) announced updates regarding the effective date of the final risk management rule for trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA). Originally scheduled to take effect on January 16, 2025, the rule's implementation has faced multiple delays due to legal challenges and administrative review processes.
Rule Background and Controversy
On December 17, 2024, the EPA issued a final rule to phase out TCE production, processing, and commercial/consumer uses, with most restrictions planned to take effect within one year. TCE, an industrial solvent proven to be carcinogenic and neurotoxic, has faced strong industry backlash due to its widespread applications in metal degreasing, refrigerant manufacturing, and other sectors.
Legal Proceedings Delay Implementation
On January 13, 2025, the U.S. Court of Appeals for the Fifth Circuit granted a temporary injunction suspending the rule's enforcement. Subsequent lawsuits challenging the rule were consolidated by the Judicial Panel on Multidistrict Litigation and transferred to the Third Circuit Court of Appeals. On January 16, the Third Circuit upheld the temporary injunction, preventing the rule from taking effect as planned.
Administrative Review and Further Postponement
Citing the Regulatory Freeze Pending Review Memorandum signed by President Trump on January 20, 2025, the EPA announced via the Federal Register on January 28 that it would suspend the rule's effective date until March 21. Recent updates indicate the EPA intends to further delay requirements related to TSCA Section 6(g) exemptions by 90 days to June 20, 2025, to accommodate ongoing judicial reviews.
Additionally, the EPA has requested a 60-day extension from the court to finalize follow-up actions and defer responses to the injunction. A final decision is expected within the coming months pending court approval.
Next Steps and Public Engagement
The EPA emphasizes that the delays aim to ensure legal rigor while balancing public health protections with industry transition needs. Stakeholders may access the full rule text on the EPA's official website.
Further Information
