The Environmental Protection Agency proposed extending the compliance dates applicable to entities subject to the regulation of perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA) in a notice posted to the Federal Register on March 27.
The proposed rule would extend certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the compliance dates for federal agencies and their contractors. For both PCE and CTC, the proposal would extend the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extend the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to Sept. 20, 2027. For PCE, EPA is also proposing to extend the compliance date for non-federal entities to establish and implement an exposure control plan to Dec. 20, 2027.
“This [March 27] announcement regarding proposed rules for PCE and CTC—while unsurprising—is another kick of the can down the road, pushing out compliance dates without substantively addressing any of the concerns raised about the feasibility of the rules’ requirements,” Bergeson & Campbell opined in a memoranda posted to the law firm’s website. “The various staggered compliance deadlines associated with the CTC final rule will soon take effect, and, for PCE, have already started. Because EPA is ‘reconsidering’ these rules, they are left in the awkward position of allowing requirements to take effect that may soon change.
“Equally or perhaps more awkward is the decision that the regulated community must make as to whether they must or should invest in compliance with rules that appear to still be in flux. EPA cannot legally tell companies not to comply with final rules like the TSCA Section 6(a) rules for PCE and CTC. And only in very rare instances has EPA issued a formal ‘no-action assurance’ to give the regulated community some cover that non-compliance will not be subject to enforcement and penalty.”
The EPA finalized rules on the use of both PCE and CTC in December 2024. In 2025, the EPA decided to review both rules. The Office of Advocacy, which represents small businesses, submitted comment letters supporting the EPA’s reviews, noting that the PCE and CTC rules were both based on incorrect readings of the TSCA and imposed unnecessary regulatory burdens on small entities.
The office’s comment letters are cited by the EPA in support of extending the compliance deadlines, according to a release.
PCE is used in production of fluorinated compounds, as a solvent for cleaning and degreasing, and in lubricants, adhesives and sealants. A variety of consumer and commercial products use PCE, such as adhesives, aerosol degreasers, brake cleaners, aerosol lubricants, sealants, stone polish, stainless steel polish, and wipe cleaners. PCE is also used in dry cleaning.
CTC is primarily used as a feedstock to make products such as refrigerants, aerosol propellants, and foam-blowing agents. Prior regulations have resulted in a phaseout of CTC production in the United States for most non-feedstock domestic uses, such as degreasers and fire suppressants, the Advocacy office reported.
ACC coalition seeks TSCA improvements
The American Chemistry Council previously joined a coalition of over 100 organizations representing a broad spectrum of the U.S. economy to “advance targeted improvements” to the TSCA and support a chemical regulatory program at EPA that is “properly resourced, does not create unnecessary barriers to innovation, and drives growth across domestic manufacturing sectors.
The coalition’s letter was sent to all Senate and House offices to highlight the critical opportunity before Congress to improve TSCA while reauthorizing EPA’s TSCA fee authority.
“This is exactly the kind of issue where a practical legislative window matters,” Chris Jahn, ACC president and CEO, said in a news release. “House and Senate committees have already put forward draft language and launched the hearing process. Coupling TSCA fee reauthorization with targeted implementation fixes gives lawmakers a credible path to improve accountability, address longstanding review delays, and demonstrate that TSCA can protect health and the environment while supporting innovation, investment, and manufacturing jobs.”
The letter outlines key recommendations for Congress as it considers TSCA improvements and EPA fee reauthorization, including:
- Ensuring timely and predictable reviews of new chemicals
- Avoiding delays that discourage adoption of innovative chemistries
- Following a science-driven and risk-based approach to regulating a chemical’s intended use
- Clarifying the statutory exemption for replacement parts enacted in 2016
- Providing additional clarity and accountability
