On 18 August, 2025, the U.S. Environmental Protection Agency (EPA) announced a further adjustment to the effective date of the final risk-management rule for trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA). In a notice released today, EPA said the provisions governing exemptions under TSCA § 6(g)—originally set to take effect on 19 August 2025—will be postponed for an additional 90 days, until 17 November 2025.
Background Timeline
- 17 December 2024: EPA issues the final rule, prohibiting virtually all commercial and consumer uses of TCE within one year; the rule was scheduled to enter into force on 16 January 2025.
- Legal challenge: Several companies and trade associations petition the U.S. Court of Appeals for the Fifth Circuit for review. On 13 January 2025 the court grants a temporary administrative stay, freezing the effective date.
- Case consolidation: The Judicial Panel on Multidistrict Litigation transfers the matter to the Third Circuit. On 16 January 2025 the Third Circuit continues the stay, then lifts it on 28 March 2025 except for the exemption provisions in TSCA § 6(g).
- Regulatory freeze: In line with President Trump’s 20 January 2025 “Regulatory Freeze Pending Review” memorandum, EPA extends the effective date to 21 March 2025 via the Federal Register on 28 January 2025, and subsequently postpones the exemption clause to 19 August 2025 in March and June 2025.
Citing the court’s anticipated schedule, EPA is further delaying the effective date of the TCE risk-management rule until November 2025 to align its administrative stay with the judicial timetable.
Further Information