On March 24, 2025, the U.S. Environmental Protection Agency (EPA) provided an update on the effective date of the Toxic Substances Control Act (TSCA) final risk management rule for trichloroethylene (TCE). As reported in our January 13, 2025, memorandum, on December 17, 2024, EPA issued a final rule prohibiting all uses of TCE, most of which would be prohibited within one year, including TCE manufacture and processing for most commercial and all consumer products. As reported in our January 30, 2025, blog item, EPA delayed the January 16, 2025, effective date to March 21, 2025. EPA notes in its March 24, 2025, announcement that it received multiple petitions for review of the final rule. On January 13, 2025, the Fifth Circuit Court of Appeals granted a motion to stay temporarily the rule's effective date. The petitions were then consolidated by the Judicial Panel for Multidistrict Litigation and transferred to the Third Circuit Court of Appeals. The Third Circuit issued a January 16, 2025, order leaving the temporary stay of the effective date in place pending briefing on whether the temporary stay of the effective date should remain in effect. EPA notes that because of the court decisions, the TCE rule never went into effect and is therefore also covered by the terms of President Trump's "Regulatory Freeze Pending Review" memorandum. EPA states that it expects to publish soon a Federal Register notice further postponing the effective date of all the requirements associated with TSCA Section 6(g) exemptions in the final TCE rule for 90 days until June 20, 2025, pending judicial review.
Additionally, EPA asked the court for more time to determine next steps and to extend the deadline to respond to the stay for another 60 days. EPA awaits the court's response and will provide more information as it becomes available.
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