EPA’s Final Rule on TCE: Regulatory Freeze and Further Delays

Trichloroethylene (TCE), a toxic chemical linked to severe health effects, has been a focus of recent regulatory changes. The Environmental Protection Agency (EPA) issued a final rule in December 2024 to ban the manufacture, processing, and distribution of TCE for all uses, aiming to protect public health. However, this rule is now facing legal and administrative delays, pushing back its implementation at least five months.

Following their 2023 risk assessment on TCE, the EPA published a final rule in December 2024 banning the manufacture, processing, use, and disposal of TCE. The regulation is designed to protect workers, occupational non-users, and bystanders from TCE’s harmful health effects, which include cancer, liver damage, and neurological issues.

The rule was originally scheduled to take effect on January 16, 2025. However, multiple petitions for review were submitted following the final rule’s publication. Additionally, President Trump issued a memorandum in January titled “Regulatory Freeze Pending Review,” which directed federal agencies to temporarily delay the implementation of pending regulations.

On January 13, 2025, the Fifth Circuit Court of Appeals granted a temporary stay on the rule’s effective date, delaying its enforcement. The Judicial Panel on Multidistrict Litigation then consolidated these petitions and transferred them to the Third Circuit Court of Appeals. In response, the EPA announced on January 28, 2025, that the effective date of the TCE rule would be postponed until March 21, 2025. A Federal Register notice is expected to extend the effective date of requirements related to TSCA section 6(g) exemptions in the TCE rule for an additional 90 days—until June 20, 2025—pending judicial review. The EPA has also requested an additional 60 days to determine its next steps and respond to the court’s stay order.

These legal proceedings have effectively put the prohibition of TCE on hold, extending the time that industries can continue to use this hazardous chemical under existing regulations. The prohibition of TCE manufacturing and processing for most commercial and all consumer products was expected to significantly reduce exposure levels. However, the continued legal and administrative hurdles leave many uncertain about when these protections will take full effect.

At Walden, we continuously monitor regulatory changes and will keep you apprised of the latest updates on the TCE rule. If you are interested in reading more about how regulations may be impacted under the Trump administration, click here. For help understanding the TCE rule and preparing for compliance, contact Walden at 516-559-6976.