EPA postpones compliance for TCE uses with TSCA Section 6(g) exemptions

On May 5, 2026, the Environmental Protection Agency (EPA) published a final rule postponing the effective date of compliance requirements for trichloroethylene (TCE) uses with Toxic Substances Control Act (TSCA) Section 6(g) exemptions until pending judicial review is concluded.

Who’s impacted?

The delay applies to the conditions imposed on each TSCA Section 6(g) exemption at 40 CFR 751.325, including the Workplace Chemical Protection Program requirements at 751.315.

Since the compliance requirements haven’t taken effect, facilities that use TCE with TSCA Section 6(g) exemptions don’t have to comply with the provisions yet.

Why the delay?

In December 2024, EPA released the final TCE rule (2024 TCE rule). The rule ultimately bans all uses of TCE, but it allows uses with TSCA Section 6(g) exemptions to continue for a limited time as long as facilities comply with strict workplace controls. Currently, the 2024 TCE rule is under judicial review. EPA has delayed the effective date of the requirements for TCE uses with TSCA Section 6(g) exemptions until the judicial challenges to the 2024 TCE rule are resolved.

If you have a sense of déjà vu, it’s for a good reason. This is the fifth time the agency has delayed the compliance requirements for TSCA Section 6(g) exemptions. However, EPA’s previous postponements established specific dates for the provisions to take effect, but this rule doesn’t.

Key to remember: EPA has delayed the compliance requirements for TCE uses with TSCA Section 6(g) exemptions until pending judicial review is concluded.