Washington — The Environmental Protection Agency has delayed until further notice the effective date of certain worker-related provisions of the agency’s final rule banning the use of trichloroethylene, as related litigation continues.
TCE is a toxic chemical used in dishwashing products and as a solvent in brake and parts cleaning, recycling, and disposal. In 2014, EPA determined that the substance may cause cancer, developmental and neurological effects, and toxicity to the liver.
Published in December 2024, the rule prohibits the manufacture, processing and distribution of TCE for consumer products and commercial uses. EPA, however, says ongoing litigation in the U.S. Circuit Court of Appeals for the 3rd Circuit has spurred the court to issue a stay of the rule’s effective date.
On May 5, EPA announced that as of May 18 – the previous effective date – the provisions are postponed “until the conclusion of judicial review.”
The delay affects exemptions under Section 6(g) of the Toxic Substances Control Act that “permit several uses to continue under workplace restrictions for longer periods.” These include uses as a processing aid for manufacturing battery separators for lead acid batteries and as a chemical for “essential laboratory activities.”
EPA has cited the case for its delays of the original effective date of the Section 6(g) exemptions on multiple previous occasions.
