Perchloroethylene (PCE) and Carbon Tetrachloride (CTC); Regulation under the Toxic Substances Control Act (TSCA); Compliance Date Extensions
The U.S. Environmental Protection Agency (EPA or Agency) is finalizing an extension of certain compliance dates applicable to certain entities subject to the risk-management rul...
The U.S. Environmental Protection Agency (EPA or Agency) is finalizing an extension of certain compliance dates applicable to certain entities subject to the risk-management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). EPA is extending certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the existing compliance dates for federal agencies and their contractors. For both PCE and CTC, this action extends the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extends the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, institute a workplace information and training program, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to September 20, 2027. For PCE, EPA is also extending the compliance date for federal entities to institute a workplace information and training program to September 20, 2027, and for non-federal entities to establish and implement an exposure control plan to December 20, 2027.
DATES:
This final rule is effective on July 28, 2026.
ADDRESSES:
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPPT-2026-0992, is available online at
https://www.regulations.gov.
Additional instructions for visiting the docket, along with more information about dockets generally, are available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Bennett Thompson, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC
( printed page 47146)
20460-0001; telephone number: (202) 564-1071; email address:
PCE.TSCA@epa.gov
and
CarbonTetrachlorideTSCA@epa.gov.
For general information contact:
The TSCA Assistance Information Service Hotline, Goodwill Vision Enterprises, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-1404; email address:
TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this rule if you manufacture, process, distribute in commerce, use, or dispose of PCE, CTC, or products containing these chemicals. TSCA section 3(9) (15 U.S.C. 2602(9)) defines the term “manufacture” to mean “to import into customs territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States), produce, or manufacture.” Therefore, unless expressly stated otherwise, importers of PCE and CTC are subject to provisions regulating manufacture of PCE and CTC once the chemical enters the customs territory of the United States. Under the following list of North American Industrial Classification System (NAICS) codes, potentially affected entities may include:
Chemical Manufacturing (NAICS code 325).
Nonmetallic Mineral Product Manufacturing (NAICS code 327).
Primary Metal Manufacturing (NAICS code 331).
Waste Management and Remediation Services (NAICS code 562).
Crude Petroleum Extraction (NAICS code 211120).
Support Activities for Oil and Gas Operations (NAICS code 213112).
Nonwoven Fabric Mills (NAICS code 313230).
Wood Window and Door Manufacturing (NAICS code 321911).
Paper Bag and Coated and Treated Paper Manufacturing (NAICS code 322220).
Commercial Screen Printing (NAICS code 323113).
Petroleum Refineries (NAICS code 324110).
Petroleum Lubricating Oil and Grease Manufacturing (NAICS code 324191).
Petrochemical Manufacturing (NAICS code 325110).
Industrial Gas Manufacturing (NAICS code 325120).
Other Basic Inorganic Chemical Manufacturing (NAICS code 325180).
Cyclic Crude, Intermediate, and Gum and Wood Chemical Manufacturing (NAICS code 325194).
All Other Basic Organic Chemical Manufacturing (NAICS code 325199).
Plastics Material and Resin Manufacturing (NAICS code 325211).
Automotive Oil Change and Lubrication Shops (NAICS code 811191).
All Other Automotive Repair and Maintenance (NAICS code 811198).
Consumer Electronics Repair and Maintenance (NAICS code 811211).
Computer and Office Machine Repair and Maintenance (NAICS code 811212).
Communication Equipment Repair and Maintenance (NAICS code 811213).
Other Electronic and Precision Equipment Repair and Maintenance (NAICS code 811219).
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance (NAICS code 811310).
Home and Garden Equipment Repair and Maintenance (NAICS code 811411).
Other Personal and Household Goods Repair and Maintenance (NAICS code 811490).
Drycleaning and Laundry Services (except Coin-Operated) (NAICS code 812320).
Industrial Launderers (NAICS code 812332).
B. What is the agency's authority for taking this action?
EPA has the authority under TSCA section 6(a) (15 U.S.C. 2605(a)) to conduct rulemaking to address unreasonable risks of injury to health or the environment presented by a chemical substance under its condition(s) of use. EPA must specify compliance dates under TSCA section 6(d) (15 U.S.C. 2605(d)) for any TSCA section 6(a) rule. In 2024, EPA promulgated final risk management rules under TSCA section 6(a) for PCE (“PCE Final Rule”) (Ref. 1) and CTC (“CTC Final Rule”) (Ref. 2), including compliance dates pursuant to TSCA section 6(d). In March 2026, EPA proposed to alter some of the compliance dates finalized in 2024 and solicited comment on any reliance interests that may be impacted if EPA were to finalize the changes as proposed (Ref. 3). Unless provided otherwise by law, agencies may change existing positions (
e.g.,
reconsider, revise, or rescind prior rules) provided that they acknowledge the change in position, offer a reasoned explanation for the change, and take any serious reliance interests into account.
See, e.g., FDA
v.
Wages & White Lion Invs., L.L.C.,
145 S. Ct. 898, 917 (2025);
Encino Motorcars
v.
Navarro,
579 U.S. 211, 221 (2016);
FCC
v.
Fox Television Stations, Inc.,
556 U.S. 502, 515 (2009);
Motor Vehicle Mfrs. Ass'n
v.
State Farm Mut. Auto. Ins. Co.,
463 U.S. 29 (1983). After consideration of public comments and for the reasons set forth in Units I.D and IV of this preamble, EPA is finalizing its proposed rule to extend certain compliance dates consistent with TSCA section 6(d). Public comments on the proposed rule did not assert significant reliance interests in the compliance dates originally promulgated in 2024.
This final rule is effective immediately upon publication. Under the Administrative Procedure Act, 5 U.S.C. 553(d)(1), an agency may make a rule effective immediately if it “grants or recognizes an exemption or relieves a restriction.” This action relieves restrictions by extending certain compliance deadlines in the 2024 PCE and CTC Final Rules. TSCA section 6(d)(1)(A) also provides that EPA shall specify an effective date for any rule under TSCA section 6(a) that is “as soon
( printed page 47148)
as practicable.” EPA finds that the date of publication of this rule is as soon as practicable for the rule to take effect, because this action relieves restrictions by extending certain compliance deadlines in the TSCA section 6(a) rules for PCE and CTC.
C. What action is the agency taking?
1. PCE
EPA is amending 40 CFR 751.607 to extend certain WCPP compliance dates for non-federal owners and operators to match the compliance dates for federal agencies and their contractors. Specifically, for non-federal owners and operators EPA is extending the compliance date for initial monitoring from December 15, 2025, to June 21, 2027; extending the compliance date to meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program from March 13, 2026, to September 20, 2027; and extending the compliance date to establish and implement an exposure control plan from June 7, 2027, to December 20, 2027. EPA is also extending the compliance date for both federal and non-federal entities to institute a workplace information and training program from March 13, 2026, to September 20, 2027, to align with the associated respiratory protection provisions of the WCPP. EPA is not extending the WCPP compliance dates to implement dermal protection required by the PCE Final Rule.
2. CTC
EPA is also amending 40 CFR 751.707 to extend certain WCPP compliance dates for non-federal owners and operators for an additional twelve months to match the compliance dates for federal agencies and their contractors. Specifically, for non-federal owners and operators EPA is extending the compliance date for initial monitoring from June 11, 2026, to June 21, 2027, and extending the compliance date to meet the ECEL, establish a regulated area, institute a workplace information and training program, provide any required respiratory PPE, and establish a respiratory PPE program from September 9, 2026, to September 20, 2027. EPA is not extending the WCPP compliance dates to implement dermal protection required by the CTC Final Rule.
D. Why is the agency taking this action?
1. PCE
EPA is addressing unanticipated WCPP/ECEL implementation difficulties associated with the PCE Final Rule for non-federal owners and operators due to challenges for facilities implementing WCPP/ECEL requirements for multiple chemicals simultaneously as described in public comments received after the rule was published. As detailed further in Unit III.A. of the proposed rule preamble (Ref. 3) and Unit IV.A. of this final rule preamble, EPA received comment from industry and trade organizations stating that facilities subject to multiple WCPPs under TSCA section 6 actions may face significant resource constraints and logistical challenges in implementing overlapping requirements on separate timelines. EPA has considered this new information and is taking action to ensure a reasonable transition period for WCPP/ECEL implementation and compliance dates that are as soon as practicable, consistent with TSCA section 6(d).
2. CTC
EPA is also addressing unanticipated WCPP/ECEL implementation difficulties associated with the CTC Final Rule for non-federal owners and operators due to limitations with available monitoring methods to adequately measure CTC exposure during tasks of short duration. As detailed further in Unit III.B. of the proposed rule preamble (Ref. 3) and Unit IV.B. of this final rule preamble, EPA received comments from industry and trade organizations stating that there are no adequate monitoring methods for short-term tasks that can reliably measure down to the ECEL. EPA has considered this new information and is taking action to ensure a reasonable transition period for non-federal owners and operators and an initial monitoring compliance date and subsequent WCPP/ECEL compliance dates that are as soon as practicable, consistent with TSCA section 6(d).
E. What are the incremental economic impacts?
EPA evaluated the potential incremental economic impacts and determined that these changes would have minimal impacts on the estimated costs and benefits of the existing actions and would primarily result in a delay of when those costs and benefits begin accruing. Quantified costs are expected to be the same as estimated in the PCE and CTC Final Rules but will not be incurred until the compliance date extensions expire. Relying on the cost estimates in Section 7 of the economic analysis of the PCE Final Rule (Ref. 4), and Section 3 of the economic analysis of the CTC Final Rule (Ref. 5), EPA estimates the annualized cost savings of extending compliance dates in this action to be $4.78-6.43 million (Ref. 6).
II. Background
A. PCE
1. PCE Final Rule
On December 18, 2024, EPA published a final rule for PCE that established, among other things, WCPP requirements for certain conditions of use to protect workers from cancer and non-cancer effects from inhalation exposures (Ref. 1). For more details, see Units III and IV.B of the PCE Final Rule preamble (Ref. 1) and Unit II.A of the proposed rule preamble for this action (Ref. 3). After issuing the PCE Final Rule, EPA received petitions for review that were consolidated in the U.S. Court of Appeals for the Fifth Circuit. EPA has since announced its intention to reconsider the PCE Final Rule and solicited public comment to inform its reconsideration (Ref. 7). As indicated in the proposed rule preamble for this action (Ref. 3), EPA intends to publish a separate Notice of Proposed Rulemaking to potentially amend aspects of the PCE Final Rule in the future.
2. 2026 Compliance Date Extensions Proposed Rule
On March 27, 2026, EPA proposed to extend certain PCE WCPP compliance dates for non-federal owners or operators to align with the federal compliance dates (Ref. 3). EPA proposed to require non-federal entities to:
Conduct initial monitoring by June 21, 2027;
Meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program by September 20, 2027; and
Establish and implement an exposure control plan by December 20, 2027.
As explained in Unit III.A. of the proposed rule preamble (Ref. 3), EPA proposed these compliance extensions in response to new information the Agency received regarding implementation difficulties regulated entities experienced due to the complexity of implementing multiple WCPP requirements on different timelines, and to ensure a reasonable transition period for WCPP/ECEL implementation and compliance dates that are as soon as practicable. EPA also requested comment on whether any other interrelated WCPP compliance dates should be extended to ensure that the WCPP is fully implementable as soon as practicable with a reasonable transition period. The 30-day public
( printed page 47149)
comment period closed on April 27, 2026.
B. CTC
1. CTC Final Rule
On December 18, 2024, EPA published a final rule for CTC that established, among other things, WCPP requirements for certain conditions of use to protect workers from cancer and non-cancer effects from inhalation exposures (Ref. 2). For more details, see Units III and IV.B. of the CTC Final Rule preamble (Ref. 2) and Unit II.B. of the proposed rule preamble for this action (Ref. 3). After issuing the CTC Final Rule, EPA received petitions for review that were consolidated in the U.S. Court of Appeals for the Eighth Circuit. EPA has since announced its intention to reconsider the CTC Final Rule and solicited public comment to inform its reconsideration (Ref. 8). As indicated in the proposed rule preamble for this action (Ref. 3), EPA intends to publish a separate Notice of Proposed Rulemaking to potentially amend aspects of the CTC Final Rule in the future.
2. 2026 Compliance Date Extensions Proposed Rule
On March 27, 2026, EPA proposed to extend certain CTC WCPP compliance dates for non-federal owners and operators to align with the federal compliance dates (Ref. 3). EPA proposed to require non-federal entities to conduct initial monitoring by June 21, 2027, and to meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program by September 20, 2027. As explained in Unit III.B. of the proposed rule preamble (Ref. 3), EPA proposed these compliance extensions in response to new information the Agency received regarding monitoring challenges associated with short-term tasks that make it difficult to conduct initial monitoring and implement the WCPP/ECEL. The proposed extensions were intended to ensure a reasonable transition period for WCPP implementation and compliance dates that are as soon as practicable. EPA also requested comment on whether any other interrelated WCPP compliance dates should be extended to ensure that the WCPP is fully implementable as soon as practicable with a reasonable transition period. The 30-day public comment period closed on April 27, 2026.
EPA notes that Unit II.B. of the 2026 proposed rule preamble erroneously states that the compliance date for both federal and non-federal entities to establish and implement an exposure control plan is December 20 instead of December 3, 2027, and clarifies here that the compliance date promulgated in the CTC Final Rule at 40 CFR 751.707(d)(2) is December 3, 2027. EPA did not propose to extend this compliance date.
III. Summary of Public Comments
EPA received 10 unique, substantive comments on the proposed rule from industry stakeholders, trade associations, and advocacy groups. For a more fulsome discussion of comments received and EPA's comprehensive response to these comments, see the 2026 Response to Public Comments document that accompanies this final rule (Ref. 9). To summarize, the overwhelming majority of commenters supported the proposed extensions to certain non-federal WCPP compliance dates. One commenter disagreed with the proposed extensions, particularly for initial monitoring, citing the importance of initial monitoring data as critical information for both the Agency and affected industries, and asserted a lack of justification for the extension of compliance dates being as soon as practicable. Several commenters supported aligning non-federal and federal compliance dates, noting that the split compliance date approach is complex and can create confusion for facilities with both federal and non-federal contracts. Other commenters indicated that there continue to be air monitoring feasibility challenges, particularly for CTC, and emphasized this as an issue for short-term tasks. Additionally, per the Agency's request for comment on whether to extend interrelated compliance dates, EPA received comments requesting that EPA extend WCPP workplace information and training compliance dates for PCE and CTC in alignment with the proposed extensions to related WCPP requirements. Some commenters additionally requested alignment of federal and non-federal compliance dates for dermal protection requirements, delayed prohibition compliance dates for PCE, and other substantive changes to the PCE and CTC Final Rules. As explained in this preamble and the accompanying 2026 Response to Public Comments document, EPA agrees that the compliance dates should be extended and disagrees with the opposed commenter's contentions that the extensions are inadequately justified and that initial monitoring in particular should be maintained.
IV. Provisions of This Final Rule
For any TSCA section 6(a) rule, EPA must specify mandatory compliance dates that are “as soon as practicable,” while allowing for “a reasonable transition period.” TSCA section 6(d)(1)(B) and (E), 15 U.S.C. 2605(d)(1)(B) and (E). EPA acknowledges that this rule is a change in position from the PCE Final Rule and the CTC Final Rule. EPA intended that the compliance timeframes in the PCE Final Rule and the CTC Final Rule would be practicable and allow for a reasonable transition period (see Unit III.B.1. of the PCE Final Rule preamble and Unit III.B. of the CTC Final Rule preamble). However, the Agency did not fully anticipate the challenges that certain entities are now experiencing in implementing WCPP/ECEL requirements related to exposure monitoring and implementing new WCPP requirements for multiple chemicals on overlapping timeframes. EPA also did not anticipate the additional complications and confusion that would arise by establishing different compliance dates for federal and non-federal entities. Based on the public comments and information available to the Agency, as further detailed in Units IV.A. and B. of this preamble, EPA has determined that the extended WCPP compliance dates finalized in this rulemaking are as soon as practicable and provide for a reasonable transition period. Accordingly, EPA has determined that these extended compliance dates would be more consistent with EPA's obligations under TSCA section 6(d) for the PCE and CTC rules than those finalized in 2024.
EPA intends that this rule's amendments to the PCE compliance dates in 40 CFR 751.607 be severable from this rule's amendments to the CTC compliance dates in 40 CFR 751.707. In the event of litigation staying, remanding, or invalidating the WCPP compliance date extensions for one chemical substance, EPA intends that the WCPP compliance date extensions for the other chemical substance would remain in effect. The WCPPs for the two chemical substances operate independently from one another and were originally promulgated in two separate rulemakings. The PCE and CTC rules function independently of one another, and EPA's bases for each extension are chemical- and context-specific and therefore independent of its bases for the extensions to the other chemical's WCPP compliance dates.
( printed page 47150)
A. PCE
After consideration of the public comments on the proposed rule, EPA is finalizing the proposed PCE WCPP compliance date extensions for non-federal entities as well as an extension to the interrelated workplace information and training requirement for both federal and non-federal entities. Consistent with information the Agency considered in the proposed rule, commenters were largely supportive of these extensions due to the difficulties facilities are experiencing implementing WCPPs for multiple chemicals on overlapping timelines. For example, an industry trade association provided comment supporting the proposed compliance extensions for PCE stating that additional time is necessary to comply due to the resource constraints and technical challenges for facilities subject to multiple WCPPs. Further, the commenter supported giving non-federal owners and operators as much time to comply as federal agencies and their contractors, explaining that there are similar constraints on non-federal contracts such as internal procurement procedures and industry supply chain agreements (Ref. 10). Another commenter described the confusion introduced by split federal/non-federal compliance deadlines for facilities that perform work under both federal and non-federal contracts (Ref. 11). In consideration of these and similar comments, EPA is extending the compliance date for non-federal entities to perform initial monitoring from December 15, 2025 to June 21, 2027; extending the compliance date for non-federal entities to meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program from March 13, 2026 to September 20, 2027; and extending the compliance date for non-federal entities to establish and implement an exposure control plan from June 7, 2027 to December 20, 2027. EPA requested and received comment concerning whether other interrelated WCPP compliance dates should be extended. An advocacy organization recommended that EPA extend related compliance dates, such as requiring training and reporting, where necessary to ensure that all components of the WCPP can be implemented in a coordinated, consistent manner (Ref. 12). In consideration of this and similar comments, EPA is extending the compliance date for instituting a workplace information and training program applicable to both federal and non-federal entities from March 13, 2026, to September 20, 2027. EPA agrees with the advocacy organization that extending this compliance date will prevent the confusion or decreased effectiveness that could result if owners and operators were required to institute a workplace information and training program before other interrelated elements of the WCPP are required.
Another commenter further encouraged EPA to align remaining federal and non-federal PCE WCPP compliance dates, specifically those related to dermal protection requirements and workplace information and training (Ref. 11). EPA notes that the original compliance date to institute a workplace information and training program, March 13, 2026, was already aligned between federal and non-federal entities under the PCE Final Rule. However, the newly finalized extension to September 20, 2027, will not only be aligned between federal and non-federal entities, but will be better aligned with the rest of the WCPP compliance timeline. EPA is not, however, finalizing extensions for compliance dates associated with dermal protection, as the Agency has not received comment that the requirements are impracticable or that the Agency did not provide a reasonable transition period. Furthermore, the dermal protection elements of the WCPP can be implemented independently of other WCPP requirements associated with the ECEL that are extended in this final rule.
B. CTC
After consideration of the public comments on the proposed rule, EPA is finalizing the proposed CTC WCPP compliance date extensions as well as the interrelated workplace information and training requirement for non-federal entities. Consistent with information the Agency considered in the proposed rule, commenters were largely supportive of these extensions due to technical challenges associated with exposure monitoring, particularly during short-term tasks. For example, an industry trade association urged EPA to swiftly finalize the proposed compliance date extensions for CTC, noting it is unclear how non-federal owners and operators could comply given the limitations in available methods to adequately measure CTC exposure during short-term tasks (Ref. 13). In consideration of this and similar comments, EPA is finalizing the proposed WCPP compliance date extensions for CTC. EPA is extending the compliance date for non-federal entities to perform initial monitoring from June 11, 2026, to June 21, 2027, and extending the compliance date for non-federal entities to meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program from September 9, 2026, to September 20, 2027.
EPA requested and received comment concerning whether other interrelated WCPP compliance dates should be extended. For CTC, an industry trade association requested that EPA extend the workplace information and training compliance date for non-federal owners and operators, explaining that based on initial monitoring and related WCPP compliance activities, industry requires adequate time to institute a training program and train personnel potentially exposed to CTC (Ref. 13). In consideration of this and similar comments, including the aforementioned advocacy organization comment (Ref. 12, see Unit IV.A.), EPA is extending the compliance date for non-federal owners and operators to institute a workplace information and training program from September 9, 2026, to September 20, 2027, to align with the compliance date for federal agencies and their contractors as well as with the rest of the WCPP compliance timeline. Similarly to the Agency's reasoning for PCE, EPA agrees that extending the workplace information and training requirement to align with interrelated WCPP requirements will reduce confusion and allow regulated entities sufficient time to develop a program and train personnel.
V. References
The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under
FOR FURTHER INFORMATION CONTACT
.
3. EPA. Perchloroethylene (PCE) and Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act
( printed page 47151)
(TSCA); Compliance Date Extensions; Proposed Rule. RIN 2070-AL37.
Federal Register
(91 FR 14790, March 27, 2026) (FRL-13023-01-OCSPP).
https://www.govinfo.gov/content/pkg/FR-2026-03-27/pdf/2026-05977.pdf.
9. EPA. Perchloroethylene (PCE) and Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA); Compliance Date Extensions; Response to Public Comments. RIN 2070-AL37. July 2026.
This action is not a significant regulatory action under Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).
This action is considered an Executive Order 14192 deregulatory action. For regulatory accounting purposes, the estimated present value and annualized value of the cost savings of this rule are $57.86 million and $4.05 million, respectively (7% discount rate, 2024$, 2024 present value year, perpetuity time horizon). Details on the estimated cost savings of this final rule can be found in EPA's analysis of the potential costs and benefits associated with this action (Ref. 6).
C. Paperwork Reduction Act (PRA)
This action does not contain any new information collection burden under the PRA, 44 U.S.C. 3501et seq.
OMB has previously approved the information collection activities contained in the existing regulations and associated burden under OMB control numbers 2070-0228 (EPA ICR No. 2744.02) and 2070-0233 (EPA ICR No. 2740.02). This action defers the costs associated with paperwork and recordkeeping burden for two existing information collections because the delayed compliance dates alter the time horizon of the collection's analysis. Burden is defined in 5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA (5 U.S.C. 601et seq.). In making this determination, EPA concludes that the impact of concern for this action is any significant adverse economic impact on small entities, and the Agency is certifying that this rule will not have a significant economic impact on a substantial number of small entities because the rule relieves regulatory burden on the small entities subject to the rule. This action extends the PCE Final Rule non-federal compliance dates for: initial monitoring requirements from December 15, 2025, to June 21, 2027; ECEL, regulated area, respiratory PPE, and respiratory PPE program requirements from March 13, 2026, to September 20, 2027; and exposure control plan requirements from June 7, 2027, to December 20, 2027, and also extends the non-federal and federal compliance date to institute a workplace information and training program from March 13, 2026, to September 20, 2027. In addition, this action extends the CTC Final Rule non-federal compliance dates for initial monitoring requirements from June 11, 2026, to June 21, 2027, and ECEL, regulated area, respiratory PPE, workplace information and training program, and respiratory PPE program requirements from September 9, 2026, to September 20, 2027 (aligning with the current compliance date for federal agencies and federal contractors acting for or on behalf of the federal government). We have therefore concluded that this action will relieve regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in UMRA (2 U.S.C. 1531-1538) and does not significantly or uniquely affect small governments. The costs involved in this action are estimated not to exceed $187 million in 2024$ ($100 million in 1995$, adjusted for inflation using the GDP implicit price deflator) or more in any one year. EPA estimates the annualized cost savings of extending compliance dates in this action to be $4.78-6.43 million.
This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999) because it will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This action does not have tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000) because it does not have substantial direct effects on one or more Indian tribes, on the relationship between the federal government and Indian Tribes, or on the distribution of power and responsibilities between the federal government and Indian Tribes.
( printed page 47152)
Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) directs federal agencies to include an evaluation of the health and safety effects of the planned regulation on children in federal health and safety standards and explain why the regulation is preferable to potentially effective and reasonably feasible alternatives. This action is not subject to Executive Order 13045 because it is not a significant regulatory action under section 3(f)(1) of Executive Order 12866 and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action does not alter the WCPP requirements from the PCE and CTC Final Rules, but delays when non-federal entities must comply with certain provisions. Consequently, EPA's findings that the PCE and CTC Final Rules would not address environmental health or safety risks that present a disproportionate risk to children are applicable here. In the 2020 Risk Evaluation for PCE (Ref. 14), EPA did not find that the adverse health impacts for children and for men and women of reproductive age was disproportionate in comparison to other populations. In the 2020 Risk Evaluation for CTC (Ref. 15), while the Agency found risks to children and adults from occupational use, the Agency determined that risks to children were not disproportionate. The CTC Final Rule's health and risk assessments and impacts on both children and adults from occupational use from inhalation and dermal exposures are described in Units II.C.3 and V.A. of the CTC Final Rule preamble (Ref. 2), and the 2020 Risk Evaluation for Carbon Tetrachloride (Ref. 15).
However, as in the PCE and CTC Final Rules, EPA's Policy on Children's Health applies to this action. Information on how the policy was applied in the PCE Final Rule and on the action's health and risk assessments are contained in Unit II.D.2.c. of the PCE Final Rule preamble (Ref. 1), the 2020 Risk Evaluation for PCE (Ref. 14), and the Economic Analysis for the PCE Final Rule (Ref. 4). Information on how the Policy was applied in the CTC Final Rule and on the action's health and risk assessments are contained in Unit II.D.2.c. of the CTC Final Rule preamble (Ref. 2), and the 2020 Risk Evaluation for CTC (Ref. 15), and the Economic Analysis for the CTC Final Rule (Ref 5).
I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards under the NTTAA section 12(d), 15 U.S.C. 272. EPA determined that the WCPP requirements of the PCE and CTC final rules involve environmental monitoring or measurement for occupational inhalation exposures and, consistent with the Agency's Performance Based Measurement System, decided not to require the use of specific, prescribed analytic methods. However, this action simply extends compliance dates for federal and non-federal entities as described in Unit IV.
K. Congressional Review Act
This action is subject to the CRA, 5 U.S.C. 801et seq.,
and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
(2)
Eight-hour time-weighted average (TWA) ECEL.
Beginning September 20, 2027, or beginning four months after introduction of PCE into the workplace if PCE use commences after June 21, 2027, the owner or operator must ensure that no person is exposed to an airborne concentration of PCE in excess of the ECEL, consistent with the requirements of paragraph (d)(1)(i) of this section and, if necessary, paragraph (f) of this section.
(3) * * *
(ii)
Initial monitoring.
By June 21, 2027, or within 30 days of introduction of PCE into the workplace, whichever is later, each owner or operator covered by this section must perform initial monitoring of potentially exposed persons. Where the owner or operator has monitoring results from monitoring conducted within five years prior to February 18, 2025, and the monitoring satisfies all other requirements of this section, the owner or operator may rely on such earlier monitoring results to satisfy the requirements of this paragraph (b)(3)(ii).
* * * * *
(4) * * *
(i)
Establishment.
By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, the owner or operator must establish and maintain a regulated area wherever airborne concentrations of PCE exceed, or can reasonably be expected to exceed, the ECEL.
* * * * *
(d) * * *
(1) * * *
(i) * * *
(A) By December 20, 2027, the owner or operator must institute one or a combination of elimination, substitution, engineering controls, or administrative controls to reduce exposure to or below the ECEL, except to the extent that the owner or operator can demonstrate that such controls are not feasible, in accordance with the hierarchy of controls.
* * * * *
(2)
Exposure control plan.
By December 20, 2027, each owner and operator must establish and implement an exposure control plan.
* * * * *
(e) * * *
(1) By September 20, 2027, the owner or operator must institute a training program and ensure that persons potentially exposed to PCE participate in the program according to the requirements of this paragraph (e).
* * * * *
(f) * * *
(2) * * *
( printed page 47153)
(i) By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, if an owner or operator is required to provide respiratory protection pursuant to paragraph (f)(1) of this section, the owner or operator must ensure that each potentially exposed person is provided with a respirator according to the requirements of this section.
* * * * *
(iii) By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, if an owner or operator is required to provide respiratory protection pursuant to paragraph (f)(1) of this section, the owner or operator must develop and administer a written respiratory protection program consistent with the requirements of 29 CFR 1910.134(c)(1), (c)(3) and (c)(4).
* * * * *
3. Amend § 751.707 by revising paragraphs (b)(1), (b)(2)(ii), (b)(3)(i), (e)(1), (f)(2)(i), and (f)(2)(iii) to read as follows:
(1)
Eight-hour time-weighted average (TWA) ECEL.
Beginning September 20, 2027, or beginning four months after introduction of carbon tetrachloride into the workplace if carbon tetrachloride use commences after June 21, 2027, the owner or operator must ensure that no person is exposed to an airborne concentration of carbon tetrachloride in excess of the ECEL, consistent with the requirements of paragraph (d)(1)(i) of this section and, if necessary, paragraph (f) of this section.
(2) * * *
(ii)
Initial monitoring.
By June 21, 2027, or within 30 days of introduction of carbon tetrachloride into the workplace, whichever is later, each owner or operator covered by this section must perform initial monitoring of potentially exposed persons. Where the owner or operator has monitoring results from monitoring conducted within five years prior to February 18, 2025, and the monitoring satisfies all other requirements of this section, the owner or operator may rely on such earlier monitoring results to satisfy the requirements of this paragraph (b)(2)(ii).
* * * * *
(3) * * *
(i)
Establishment.
By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, the owner or operator must establish and maintain a regulated area wherever airborne concentrations of carbon tetrachloride exceed, or can reasonably be expected to exceed, the ECEL.
* * * * *
(e) * * *
(1) By September 20, 2027, the owner or operator must institute a training program and ensure that persons potentially exposed to carbon tetrachloride participate in the program according to the requirements of this paragraph (e).
* * * * *
(f) * * *
(2) * * *
(i) By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, if an owner or operator is required to provide respiratory protection pursuant to paragraph (f)(1) of this section, the owner or operator must ensure that each potentially exposed person is provided with a respirator according to the requirements of this section.
* * * * *
(iii) By September 20, 2027, or within three months after receipt of any exposure monitoring that indicates exposures exceeding the ECEL, if an owner or operator is required to provide respiratory protection pursuant to paragraph (f)(1) of this section, the owner or operator must develop and administer a written respiratory protection program consistent with the requirements of 29 CFR 1910.134(c)(1), (c)(3) and (c)(4).
Use this for formal legal and research references to the published document.
91 FR 47145
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Perchloroethylene (PCE) and Carbon Tetrachloride (CTC); Regulation under the Toxic Substances Control Act (TSCA); Compliance Date Extensions,” thefederalregister.org (July 28, 2026), https://thefederalregister.org/documents/2026-15192/perchloroethylene-pce-and-carbon-tetrachloride-ctc-regulation-under-the-toxic-substances-control-act-tsca-compliance-dat.