On August 20, 2025, the U.S. Environmental Protection Agency (EPA) extended the postponement of the effectiveness of certain regulatory provisions of the final Toxic Substances Control Act (TSCA) risk management rule for trichloroethylene (TCE) to November 17, 2025. 90 Fed. Reg. 40534. EPA is postponing certain requirements most recently postponed in June 2025. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. As reported in our April 15, 2025, blog item, the final rule is being challenged in the U.S. Court of Appeals for the Third Circuit. EPA states that “[i]n light of the fact that the pending litigation is still ongoing and for the same reasons as set forth in the Initial Notice, EPA has determined that justice requires a 90-day extension of the postponement of the effective date (i.e., until November 17, 2025) of the conditions for each of the TSCA section 6(g) exemptions.” EPA notes that “[t]he extension of the postponement applies, for example, to the conditions imposed under the TSCA section 6(g) exemption for the use of TCE as a processing aid for specialty polymeric microporous sheet material manufacturing.” According to EPA, nothing has materially changed since the earlier postponements that would affect its analysis of whether justice requires a stay of these provisions. Therefore, EPA believes extending the postponement for 90 days is necessary. More information on the final TCE rule is available in our January 13, 2025, memorandum.
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