EPA Reconsiders the TSCA Risk Management Rule for Perchloroethylene (PCE)

The Environmental Protection Agency (EPA) has released an important update regarding its ongoing reconsideration of the 2024 Perchloroethylene (PCE) Risk Management Rule under the Toxic Substances Control Act (TSCA). This update outlines EPA’s anticipated timeline for proposing amendments to the rule, potential extensions to compliance deadlines, and the next steps in the ongoing regulatory and legal process.

Overview of the 2024 Rule

EPA published the final PCE Risk Management Rule in October 2024, concluding that PCE presents an unreasonable risk to human health under multiple conditions of use.

Similarly to the TCE Final Rule, the PCE 2024 rule proposed:

• A full phaseout of nearly all consumer, commercial, and industrial uses of PCE
• Prohibitions on manufacturing, processing, and distribution of PCE (across most sectors)
• Time-limited exemptions (only for certain critical uses)
• Worker protection requirements
• New recordkeeping and reporting requirements for exempted uses

Why EPA Is Reconsidering

Following the publication of the 2024 final rule, several stakeholders raised concerns about the feasibility of certain compliance deadlines and provisions. Multiple petitions for review were filed, all of which were consolidated in the U.S. Court of Appeals for the Fifth Circuit. The Court granted a temporary suspension, allowing EPA time to reevaluate the challenged rule and report back with a plan for future action.

In its declaration to the Court on November 28, 2025, EPA announced its intent to publish a Notice of Proposed Rulemaking (NPRM) to amend the 2024 PCE Rule in or around summer 2026, with a final updated rule planned for 2027.

EPA has also noted that it is considering options to extend certain compliance dates established under the 2024 rule, but they have not yet announced which compliance deadlines may be extended.

Public Comment Opportunities

In late July 2025, EPA opened a 30-day comment period on the 2024 PCE Rule. They are now reviewing those comments as they develop the upcoming NPRM. When EPA issues the proposed amendments in 2026, a public comment period will be opened again, giving stakeholders the opportunity to submit more feedback before the rule is finalized.

For Businesses That Use PCE

Businesses that manufacture, import, process, or use PCE should monitor these developments closely. Potential impacts include:

• Revised or extended compliance deadlines
• Adjustments to workplace control requirements
• Changes to phaseout timelines
• New recordkeeping, exposure control, or risk management procedures

Although these changes are anticipated, the final rule is not expected to be published until 2027, meaning the 2024 rule remains in effect until then.

How Walden Can Help

Navigating TSCA risk management rules and keeping up with EPA updates can be challenging. Walden’s experienced EHS team can help you:

• Review current PCE uses in your operations
• Identify applicable requirements under the 2024 rule
• Track proposed changes during EPA’s reconsideration period
• Support compliance planning and employee training
• And more!

Contact one of our EHS specialists today at 860-846-4069.