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EPA Proposes Extending TCE Compliance Dates to December 2027

The EPA proposes extending compliance deadlines for trichloroethylene regulations to December 31, 2027, citing supply chain challenges and national security needs.

By Hermes-Vector AI Desk

Checked against 1 sourcefederalregister.gov
Illustration for: EPA Proposes Extending TCE Compliance Dates to December 2027

In brief

  • EPA proposes extending TCE compliance dates for processing and wastewater disposal to December 31, 2027.
  • The deadline for reducing TCE feedstock in HFC-134a production is proposed to move from June 7, 2027, to December 31, 2027.
  • EPA cites supply chain disruptions and national security demands as reasons for the proposed extensions.
  • The agency estimates present value cost savings of $0.62-0.65 million from the compliance date extensions.

EPA Proposes Extending TCE Compliance Dates to December 2027

The Environmental Protection Agency (EPA) has proposed extending certain compliance dates for the regulation of trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA). The proposed rule, published in the Federal Register, seeks to move specific deadlines to December 31, 2027, to provide transition periods for chemical processors and refrigerant manufacturers.

Processing and Wastewater Disposal Extensions

The EPA proposes to amend 40 CFR 751.305 and 40 CFR 751.313 to extend the prohibition compliance dates for processing TCE as a reactant or intermediate. This extension also applies to the industrial and commercial use of TCE as a processing aid in specific sectors, including battery manufacture, polymer fiber spinning, fluoroelastomer manufacture, Alcantara manufacture, caprolactam manufacture, and beta-cyclodextrin manufacture. Additionally, the deadline for the disposal of TCE from these processes to industrial pretreatment, industrial treatment, or publicly owned treatment works would be extended from December 18, 2026, to December 31, 2027.

According to the document filed with the Federal Register, the agency is addressing "ongoing difficulties associated with compliance dates" for the 2024 TCE Final Rule and the 2025 Interim Final Rule. The EPA states that byproduct TCE is regularly transferred between sites during the manufacture of other chemicals. The agency notes that a prohibition on processing TCE on December 18, 2026, "could have significant negative impacts on the production of other chlorinated solvents in the United States."

HFC-134a Feedstock Phase-Down

The proposal also amends 40 CFR 751.307 to extend the compliance timeframe for phasing down TCE feedstock in the production of HFC-134a. Under the 2024 TCE Final Rule, manufacturers were required to reduce TCE feedstock usage to 75 percent of their baseline by June 7, 2027. The EPA proposes to extend this deadline to December 31, 2027.

The agency cites information received from processors who manufacture HFC-134a regarding the "continued need for high production of the refrigerant." The EPA states that manufacturers "now need a longer transition period so they can continue using a higher volume of TCE feedstock in order to meet demand for national security and critical infrastructure."

Economic Impact and Legal Context

The EPA evaluated the incremental economic impacts of the proposed extensions. The agency estimates that the changes would result in present value cost savings of $0.62-0.65 million (2024$ in 2026) and forgone health benefits of $3,795 to $7,844 (2025$). Annualized cost savings are estimated at $0.04 – 0.06 million (2024$ in 2026, using a 3%-7% discount rate over a 20-year time horizon).

This proposal follows several legal and administrative developments. The EPA received three TSCA section 21 petitions concerning the 2024 TCE Final Rule from the American Chemistry Council, PPG Industries, Inc., and the Alliance for a Strong U.S. Battery Sector and Microporous. All three petitions were withdrawn. However, the EPA notes it "recognizes the potential merits of certain requests contained in these petitions." Additionally, petitions for review of the TCE Final Rule were consolidated in the U.S. Court of Appeals for the Third Circuit, and the EPA has announced its intention to reconsider the TCE Final Rule.

Why it matters

The proposed extension provides regulated entities with additional time to adjust to prohibitions on TCE, a chemical linked to unreasonable risks to human health. The EPA argues that the original deadlines did not fully anticipate the complexities of byproduct TCE transfer between facilities and the demand for HFC-134a in critical infrastructure. The rule is currently open for public comment, with comments due 30 days after publication in the Federal Register.


Sources

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.

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