What: On November 14, 2025, the U.S. Environmental Protection Agency (EPA) published a notice postponing the effective date for requirements on uses of trichloroethylene (TCE) exempted from its 2024 Toxic Substances Control Act (TSCA) regulation.
Why: The EPA issued a final TCE rule on December 17, 2024, which is currently being litigated. TSCA section 6(g) allows EPA to exempt critical or essential uses of a chemical from regulation. As part of granting an exemption, EPA can propose conditions on the use of the chemical necessary to protect public health and the environment while achieving the purpose of the exemption.
The EPA is postponing the date for conditions applied to exempted uses of TCE until February 17, 2026.
TCE is used mostly in industrial and commercial processes. Consumer uses include cleaning and furniture care products, arts and crafts spray coatings, and automotive care products like brake cleaners. In 2023, the Office of Advocacy submitted a comment letter to the EPA urging that the TCE rule be reconsidered because it did not properly consider small business feedback, exceeded the agency’s statutory authority, and was duplicative of existing federal regulations.
Action: Conditions for TCE uses with TSCA 6(g) exemptions will now take effect on February 17, 2026.
DECEMBER 2023 COMMENT LETTER SUBMISSION:
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act
EXTENSION NOTICE:
FINAL TCE RULE:
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.