What: On May 5, 2026, the U.S. Environmental Protection Agency (EPA) published a notice postponing the effective date of requirements for certain uses of trichloroethylene (TCE) that were exempted under its 2024 Toxic Substances Control Act (TSCA) rule.
Why: The EPA issued a final TCE rule on December 17, 2024, which is currently being litigated. TSCA Section 6(g) allows the EPA to exempt critical or essential uses of a chemical from regulation. As part of granting an exemption, the EPA may impose conditions on those uses to protect public health and the environment while achieving the purpose of the exemption.
The EPA is postponing the effective date of conditions for exempted uses of TCE until the federal litigation over the rule is resolved.
TCE is used primarily in industrial and commercial processes. Consumer uses include cleaning and furniture care products, arts and crafts spray coatings, and automotive care products such as brake cleaners. In 2023, the Office of Advocacy submitted a comment letter to the EPA urging reconsideration of the TCE rule, arguing that it did not adequately address small business feedback. Advocacy also argued that the rule exceeded the agency’s statutory authority and duplicated existing federal regulations.
Action: Conditions for TCE uses with TSCA Section 6(g) exemptions will not take effect until after the conclusion of federal litigation. Once litigation concludes, the EPA will publish a Federal Register notice announcing the new effective date.
FEDERAL REGISTER NOTICE:
2024 FINAL TCE RULE:
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)
ADVOCACY’S 2024 COMMENT LETTER:
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
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