EPA Postpones TCE Workplace Rule Exemptions to August 19, 2025

The U.S. Environmental Protection Agency (EPA) has announced a further delay in the enforcement of key provisions tied to trichloroethylene (TCE) exemptions under the Toxic Substances Control Act (TSCA) Section 6(g). These provisions, originally set to take effect in early 2025, are now postponed until August 19, 2025. The delay impacts only the workplace safety conditions for “critical use” exemptions under TSCA and not the broader prohibitions of TCE enacted in EPA’s final rule issued on December 17, 2024.

Background: EPA’s Final Rule on TCE

The EPA finalized a comprehensive risk management rule in December 2024 that bans most uses of trichloroethylene (TCE) due to significant health and environmental risks. However, the rule allows limited critical uses through Section 6(g) exemptions, provided employers meet strict safety requirements.

These include:

• Adherence to an Existing Chemical Exposure Limit (ECEL) of 0.2 parts per million (ppm)
• Use of appropriate personal protective equipment (PPE)
• Engineering controls to limit worker exposure

Legal Challenges and Initial Delays

The rule was originally scheduled to take effect on January 16, 2025. However, it was quickly met with legal challenges and petitions for an administrative stay.

Key developments:

• January 2025: EPA denied initial stay requests. Multiple lawsuits were filed.
• The Fifth Circuit Court of Appeals granted a temporary administrative stay, which was later consolidated in the Third Circuit under USW v. EPA, Case No. 25-1055.
• March 21, 2025: EPA issued its first postponement of the Section 6(g) provisions.
• June 20, 2025: EPA extended the delay again, citing ongoing litigation and regulatory reconsideration.

Latest Extension: August 19, 2025

In its most recent notice, the EPA confirmed that enforcement of workplace conditions tied to the Section 6(g) exemptions is now postponed until August 19, 2025. The agency cited several reasons:

🧾 Judicial Review Pending

• The Third Circuit has not yet ruled on the legality of the exemption conditions.
• EPA used its authority under 5 U.S.C. § 705 to delay enforcement while the case is under review.

⚖️ Balance of Harms

• Industry plaintiffs argue that meeting the 0.2 ppm ECEL requirement is infeasible using currently available PPE and controls.
• Courts have historically supported temporary relief in such cases where businesses face irreparable harm.

🔄 Regulatory Alignment

• The delay allows EPA to synchronize enforcement with expected court decisions and its own intention to reopen the exemption provisions for public comment.

“This extension maintains the regulatory status quo while the agency and the courts continue to evaluate the concerns raised,” EPA stated in its notice.

What This Means for Manufacturers and Processors

Businesses relying on the Section 6(g) exemptions should note the following:

• Until August 19, 2025, the ECEL and workplace safety requirements will not be enforced.
• All other non-exempt TCE prohibitions remain in effect and enforceable.
• EPA has signaled its plan to reconsider and possibly revise the exemption provisions after judicial review concludes.

Reference:

Federal Register Notice, June 20, 2025 – U.S. Environmental Protection Agency
Case Reference: USW v. EPA, Case No. 25-1055 (3rd Circuit)