EPA Proposes Additional Compliance Extensions for TCE Rule Amid Broader Reconsideration Effort

TCE has historically been used as a solvent, processing aid, and chemical intermediate in numerous industrial applications, including the manufacture of refrigerants and other chlorinated chemicals. The proposal would give certain chemical manufacturers and HFC-134a producers approximately one additional year to comply with key restrictions while EPA separately reconsiders significant aspects of the rule. The proposal was published in the Federal Register on October 14 and comments are due 30 days after publication. 

What EPA Proposed

Under the proposal, EPA would extend from December 18, 2026, to December 31, 2027, compliance dates for several TCE processing prohibitions, including certain uses as a reactant, intermediate, and processing aid, as well as the related ban on discharging TCE-containing wastewater from those activities. EPA would also move the first TCE reduction milestone for HFC-134a production (a cut to 75% of baseline) from June 7, 2027, to December 31, 2027. Companies would also need to update the TCE language in their Safety Data Sheets within 30 days after the final rule is published. EPA explained that it has received information indicating that the existing compliance dates could create significant supply-chain and operational challenges, including impacts on the production and handling of chlorinated chemical feedstocks. 

EPA specifically acknowledged concerns regarding rail shipments of TCE-containing byproduct streams between facilities. According to EPA, without an extension, those streams could require incineration, potentially straining available capacity, affecting permit compliance, and disrupting production of other chlorinated chemicals 

Part of a Larger Reconsideration 

The proposed extensions are part of EPA’s broader reconsideration of portions of the December 2024 TCE rule. The rule was challenged in court after it was issued, and EPA has since announced that it will reconsider the rule. EPA has started a separate rulemaking to revisit other parts of the rule, including workplace exposure requirements, bans on certain uses, and TCE use in HFC-134a production. 

EPA has also indicated that several issues raised in 2025 industry petitions warrant further consideration, and the Agency has stated that those topics may be addressed in future rulemaking. 

Implications of the Fifth Circuit’s Methylene Chloride Decision 

The timing is notable because the US Court of Appeals for the Fifth Circuit recently vacated EPA’s 2024 TSCA rule for methylene chloride, as well as the underlying unreasonable-risk determination on which the rule was based, in East Fork Enterprises, Inc. v. EPA. 

In that decision, the court rejected several key elements of EPA’s TSCA Section 6 approach, including the Agency’s use of “whole chemical” risk determinations, its treatment of personal protective equipment in evaluating workplace risk, and aspects of its interpretation of TSCA’s “unreasonable risk” standard. The ruling has been widely viewed as having implications beyond methylene chloride and could affect other TSCA risk evaluations and risk management rules, including those that rely on similar legal and analytical frameworks. 

Although EPA launched its reconsideration of the TCE rule before the Fifth Circuit’s decision, the ruling may increase pressure on the Agency to revisit elements of the TCE rule that rely on similar legal and analytical approaches. Whether the Fifth Circuit’s decision ultimately changes the TCE rule will depend on future litigation and EPA’s response to the court’s interpretation of TSCA. 

Practical Takeaways 

• EPA appears increasingly willing to account for implementation challenges and downstream supply-chain impacts when administering its TSCA risk-management program. 
• The broader reconsideration proceeding may ultimately result in substantive changes to portions of the TCE rule beyond compliance dates alone. 
• The Fifth Circuit’s decision in East Fork Enterprises, Inc. v. EPA creates additional uncertainty regarding the legal foundations of EPA’s current TSCA Section 6 program and may influence the future direction of TCE regulation. 
• Companies should continue compliance planning while closely monitoring both EPA’s reconsideration proceeding and ongoing TSCA litigation. 

EPA is accepting comments on the proposal (docket EPA-HQ-OPPT-2026-7327) for 30 days after it is published. EPA specifically asked whether the deadline should instead be December 18, 2028, as some companies have requested, and whether the final rule should take effect quickly, since the current December 18, deadline is close. Companies that may need relief beyond December 2027 should consider submitting comments supported by operational, technical, or supply-chain data. If you have any questions about this proposal or the EPA chemical evaluation process in general, please contact a member of the Environmental group.