The U.S. Environmental Protection Agency (EPA) provided information on the effective date of the final trichloroethylene (TCE) risk management rule under the Toxic Substances Control Act (TSCA) on March 24, 2025. Due to legal issues and administrative review procedures, the rule’s initial implementation date of January 16, 2025, has been repeatedly postponed.

Rule Background and Controversy 

The EPA released a final rule on December 17, 2024, to phase down the production, processing, and commercial/consumer uses of TCE. The majority of the limits are expected to go into effect within a year. Due to its extensive use in the production of refrigerant, metal degreasing, and other industries, TCE, an industrial solvent that has been shown to be neurotoxic and carcinogenic, has drawn significant industry criticism.

Legal Proceedings Delay Implementation 

The U.S. Court of Appeals for the Fifth Circuit issued a temporary injunction on January 13, 2025, halting the rule’s implementation. The Judicial Panel on Multidistrict Litigation aggregated later cases contesting the ruling and sent them to the Third Circuit Court of Appeals. The Third Circuit maintained the temporary injunction on January 16, halting the rule’s scheduled implementation.

Administrative Review and Further Postponement 

On January 28, the EPA declared in the Federal Register that it will postpone the rule’s effective date until March 21 in accordance with the Regulatory Freeze Pending Review Memorandum signed by President Trump on January 20, 2025. According to recent updates, in order to accommodate ongoing judicial reviews, the EPA plans to further postpone requirements pertaining to TSCA Section 6(g) exemptions by 90 days, until June 20, 2025.

In order to complete follow-up steps and postpone answers to the injunction, the EPA has also asked the court for a 60-day delay. Depending on court clearance, a final decision is anticipated in the upcoming months.

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