EPA Will Extend Postponement of Effective Date of Certain Provisions of Final TCE Risk Management Rule

The U.S. Environmental Protection Agency (EPA) provided on update on June 18, 2025, on the status of the December 2024 Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE). According to EPA, it is postponing until August 19, 2025, certain requirements already postponed in March 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. According to EPA, “[t]his will ensure that the timing of EPA’s administrative stay aligns with the court’s timeframe for this action.” As reported in our April 15, 2025, blog item, the final rule is being challenged in the U.S. Court of Appeals for the Third Circuit. According to a Federal Register notice scheduled to be published on June 23, 2025, 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. EPA notes that for the same reason, it filed a response to Industry Petitioners stating that it did not oppose a stay of the provisions subject to EPA’s Initial Notice. The judicial proceedings are ongoing. More information on the final TCE rule is available in our January 13, 2025, memorandum.