PCE and CTC Regulation under TSCA: Proposed Compliance Date Extensions
Summary
The EPA is proposing to extend compliance dates for perchloroethylene (PCE) and carbon tetrachloride (CTC) regulations under TSCA. The proposal aims to align compliance deadlines for non-federal entities with those for federal agencies, extending initial monitoring for inhalation exposure to June 21, 2027, and other requirements to September 20, 2027. For PCE, a further extension for exposure control plans is proposed to December 20, 2027.
What changed
The Environmental Protection Agency (EPA) has issued a proposed rule to extend certain compliance dates for entities regulated under the Toxic Substances Control Act (TSCA) concerning perchloroethylene (PCE) and carbon tetrachloride (CTC). Specifically, the proposal seeks to align compliance deadlines for non-federal owners and operators with those for federal agencies. Key proposed extensions include initial monitoring for inhalation exposure to June 21, 2027, and meeting existing chemical exposure limits, establishing regulated areas, and providing respiratory PPE to September 20, 2027. For PCE, non-federal entities would also see an extension for establishing and implementing an exposure control plan until December 20, 2027.
Affected entities, including manufacturers, processors, distributors, users, and disposers of PCE and CTC, should review these proposed extensions carefully. The comment period for this proposed rule closes on April 27, 2026. Compliance officers should prepare to submit comments if they believe the proposed extensions are insufficient or if they have concerns regarding the new deadlines. Failure to comply with the final rule's requirements after the extended compliance dates could result in enforcement actions by the EPA.
What to do next
- Review proposed compliance date extensions for PCE and CTC under TSCA.
- Submit comments by April 27, 2026, if applicable.
- Prepare for compliance with extended deadlines for monitoring, exposure limits, regulated areas, and PPE by September 20, 2027 (and December 20, 2027 for PCE exposure control plans).
Source document (simplified)
Proposed Rule
Perchloroethylene (PCE) and Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA); Compliance Date Extensions
A Proposed Rule by the Environmental Protection Agency on 03/27/2026
This document has a comment period that ends in 31 days.
(04/27/2026) View Comment InstructionsPDF
Document Details
Document Dates
- Table of Contents
- Public Comments
- Regulations.gov Data
- Sharing
- Other Formats
- Public Inspection Published Document: 2026-05977 (91 FR 14790) Document Headings ###### Environmental Protection Agency
- 40 CFR Part 751
- [EPA-HQ-OPPT-2026-0992; FRL-13023-01-OCSPP]
- RIN 2070-AL37 ( printed page 14790) # AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Proposed rule.
SUMMARY:
The Environmental Protection Agency (EPA or Agency) is proposing to extend certain compliance dates applicable to certain entities subject to the regulation of perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). EPA is proposing to extend certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the compliance dates for federal agencies and their contractors. For both PCE and CTC, this proposal would extend the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extend the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to September 20, 2027. For PCE, EPA is also proposing to extend the compliance date for non-federal entities to establish and implement an exposure control plan to December 20, 2027.
DATES:
Comments must be received on or before April 27, 2026.
ADDRESSES:
Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2026-0992, using the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is 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 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) 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).
- Synthetic Rubber Manufacturing (NAICS code 325212).
- Pesticide and Other Agricultural Chemical Manufacturing (NAICS code 325320);
- Paint and Coating Manufacturing (NAICS code 325510).
- Adhesive Manufacturing (NAICS code 325520).
- Soap and Other Detergent Manufacturing (NAICS code 325611).
- Polish and Other Sanitation Good Manufacturing (NAICS code 325612).
- All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS code 325998).
- Unlaminated Plastics Film and Sheet (except Packaging) Manufacturing (NAICS code 326113).
- All Other Plastics Product Manufacturing (NAICS code 326199).
- Rubber and Plastics Hoses and Belting Manufacturing (NAICS code 326220).
- Rubber Product Manufacturing for Mechanical Use (NAICS code 326291).
- All Other Rubber Product Manufacturing (NAICS code 326299).
- Pottery, Ceramics, and Plumbing Fixture Manufacturing (NAICS code 327110).
- Glass Container Manufacturing (NAICS code 327213). ( printed page 14791)
- Cement Manufacturing (NAICS code 327310).
- Ground or Treated Mineral and Earth Manufacturing (NAICS code 327992);
- Nonferrous Metal (except Aluminum) Smelting and Refining (NAICS code 331410);
- Secondary Smelting, Refining, and Alloying of Nonferrous Metal (except Copper and Aluminum) (NAICS code 331492).
- Metal Crown, Closure, and Other Metal Stamping (except Automotive) (NAICS code 332119).
- Metal Kitchen Cookware, Utensil, Cutlery, and Flatware (except Precious) Manufacturing (NAICS code 332215).
- Saw Blade and Handtool Manufacturing (NAICS code 332216).
- Other Fabricated Wire Product Manufacturing (NAICS code 332618).
- Metal Heat Treating (NAICS code 332811).
- Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers (NAICS code 332812).
- Electroplating, Plating, Polishing, Anodizing, and Coloring (NAICS code 332813).
- Industrial Valve Manufacturing (NAICS code 332911).
- Fluid Power Valve and Hose Fitting Manufacturing (NAICS code 332912).
- Plumbing Fixture Fitting and Trim Manufacturing (NAICS code 332913).
- Other Metal Valve and Pipe Fitting Manufacturing (NAICS code 332919).
- Ball and Roller Bearing Manufacturing (NAICS code 332991).
- Small Arms Ammunition Manufacturing (NAICS code 332992).
- Ammunition (except Small Arms) Manufacturing (NAICS code 332993).
- Small Arms, Ordnance, and Ordnance Accessories Manufacturing (NAICS code 332994).
- Fabricated Pipe and Pipe Fitting Manufacturing (NAICS code 332996).
- All Other Miscellaneous Fabricated Metal Product Manufacturing (NAICS code 332999).
- Other Industrial Machinery Manufacturing (NAICS code 333249).
- Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing (NAICS code 333415).
- Machine Tool Manufacturing (NAICS code 333517).
- Measuring, Dispensing, and Other Pumping Equipment Manufacturing (NAICS code 333914).
- Welding and Soldering Equipment Manufacturing (NAICS code 333992).
- Packaging Machinery Manufacturing (NAICS code 333993).
- Industrial Process Furnace and Oven Manufacturing (NAICS code 333994).
- Fluid Power Cylinder and Actuator Manufacturing (NAICS code 333995).
- Fluid Power Pump and Motor Manufacturing (NAICS code 333996).
- All Other Miscellaneous General Purpose Machinery Manufacturing (NAICS code 333999).
- Instruments and Related Products Manufacturing for Measuring, Displaying, and Controlling Industrial Process Variables (NAICS code 334513).
- Analytical Laboratory Instrument Manufacturing (NAICS code 334516).
- Motor Vehicle Body Manufacturing (NAICS code 336211).
- Travel Trailer and Camper Manufacturing (NAICS code 336214).
- Other Motor Vehicle Parts Manufacturing (NAICS code 336390).
- Aircraft Manufacturing (NAICS code 336411).
- Aircraft Engine and Engine Parts Manufacturing (NAICS code 336412).
- Other Aircraft Parts and Auxiliary Equipment Manufacturing (NAICS code 336413).
- Guided Missile and Space Vehicle Manufacturing (NAICS code 336414).
- Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing (NAICS code 336415).
- Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing (NAICS code 336419).
- Ship Building and Repairing (NAICS code 336611).
- Surgical and Medical Instrument Manufacturing (NAICS code 339112).
- Jewelry and Silverware Manufacturing (NAICS code 339910).
- Sporting and Athletic Goods Manufacturing (NAICS code 339920).
- Doll, Toy, and Game Manufacturing (NAICS code 339930).
- Office Supplies (except Paper) Manufacturing (NAICS code 339940).
- Gasket, Packing, and Sealing Device Manufacturing (NAICS code 339991).
- Musical Instrument Manufacturing (NAICS code 339992).
- Fastener, Button, Needle, and Pin Manufacturing (NAICS code 339993).
- Broom, Brush, and Mop Manufacturing (NAICS code 339994).
- Burial Casket Manufacturing (NAICS code 339995).
- All Other Miscellaneous Manufacturing (NAICS code 339999).
- Motor Vehicle Supplies and New Parts Merchant Wholesalers (NAICS code 423120).
- Home Furnishing Merchant Wholesalers (NAICS code 423220).
- Industrial Supplies Merchant Wholesalers (NAICS code 423840).
- Service Establishment Equipment and Supplies Merchant Wholesalers (NAICS code 423850).
- Other Miscellaneous Durable Goods Merchant Wholesalers (NAICS code 423990).
- Grain and Field Bean Merchant Wholesalers (NAICS code 424510).
- Other Chemical and Allied Products Merchant Wholesalers (NAICS code 424690).
- Petroleum Bulk Stations and Terminals (NAICS code 424710).
- Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) (NAICS code 424720).
- New Car Dealers (NAICS code 441110).
- Used Car Dealers (NAICS code 441120).
- Other Gasoline Stations (NAICS code 447190).
- Sporting Goods Stores (NAICS code 451110).
- All Other Miscellaneous Store Retailers (except Tobacco Stores) (NAICS code 453998).
- Scheduled Passenger Air Transportation (NAICS code 481111).
- Scheduled Freight Air Transportation (NAICS code 481112).
- Pipeline Transportation of Natural Gas (NAICS code 486210).
- Teleproduction and Other Postproduction Services (NAICS code 512191).
- Other Motion Picture and Video Industries (NAICS code 512199).
- Miscellaneous Intermediation (NAICS code 523910).
- Other Financial Vehicles (NAICS code 525990).
- Lessors of Other Real Estate Property (NAICS code 531190).
- Offices of Real Estate Agents and Brokers (NAICS code 531210).
- Testing Laboratories (NAICS code 541380).
- Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) (NAICS code 541715).
- Marketing Research and Public Opinion Polling (NAICS code 541910).
- All Other Professional, Scientific, and Technical Services (NAICS code 541990).
- Offices of Other Holding Companies (NAICS code 551112).
- Solid Waste Combustors and Incinerators (NAICS code 562213).
- General Automotive Repair (NAICS code 811111).
- Automotive Exhaust System Repair (NAICS code 811112).
- Automotive Transmission Repair (NAICS code 811113). ( printed page 14792)
- Other Automotive Mechanical and Electrical Repair and Maintenance (NAICS code 811118).
- Automotive Body, Paint, and Interior Repair and Maintenance (NAICS code 811121).
- Automotive Glass Replacement Shops (NAICS code 811122).
- 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). This action proposes to alter some of the compliance dates finalized in 2024. 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).
C. What action is the agency taking?
1. PCE
EPA is proposing to amend 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, EPA proposes to extend the compliance date for initial monitoring from December 15, 2025, to June 21, 2027; extend 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 extend the compliance date to establish and implement an exposure control plan from June 7, 2027, to December 20, 2027. EPA is currently proposing to extend only the PCE WCPP compliance dates related to the ECEL and inhalation exposure, and EPA is not proposing to extend the WCPP compliance dates to implement dermal protection required by the PCE Final Rule.
2. CTC
EPA is also proposing to amend 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, EPA proposes to extend the compliance date for initial monitoring from June 11, 2026, to June 21, 2027, and to extend the compliance date 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 is currently proposing to extend only the CTC WCPP compliance dates related to the ECEL and inhalation exposure, and EPA is not proposing to extend 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 proposing to address 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., 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.
2. CTC
EPA is also proposing to address 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., EPA received comment 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.
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 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 proposed compliance date extensions expire. Relying on the cost estimates in Section 7 of the economic analysis of the PCE Final Rule (Ref. 3), and Section 3 of the economic analysis of the CTC Final Rule (Ref. 4), EPA estimates the annualized cost savings of extending compliance dates in this action to be $6.2-8.3 million.
II. Background
A. PCE Final Rule
EPA published the PCE Final Rule on December 18, 2024 (Ref. 1). The PCE Final Rule established, among other things, WCPP requirements for certain conditions of use to protect workers from cancer and non-cancer effects from inhalation exposures. The PCE Final ( printed page 14793) Rule established different WCPP compliance deadlines for federal and non-federal entities. Non-federal entities were required to conduct initial monitoring by December 15, 2025; meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program by March 13, 2026; and establish and implement an exposure control plan by June 7, 2027. Federal entities (including contractors acting for or on behalf of the federal government) were required 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 the PCE Final Rule, EPA understood that federal agencies and their contractors would need additional time to comply due to federal procurement requirements.
After issuing the PCE Final Rule, EPA received several petitions for review that were consolidated in the U.S. Court of Appeals for the Fifth Circuit. On May 12, 2025, EPA filed a declaration advising the Court that the Agency intended to reconsider the PCE Final Rule and to solicit early stakeholder input on a rulemaking to revise the rule. To that end, EPA solicited public comment to inform its reconsideration of the PCE rule (Ref. 5). EPA has initiated action to reconsider aspects of the 2024 PCE Rule and intends to publish a separate Notice of Proposed Rulemaking to potentially amend various aspects of that rule.
B. CTC Final Rule
EPA published the CTC final rule on December 18, 2024 (Ref. 2). The CTC Final Rule established, among other things, WCPP requirements for certain conditions of use to protect workers from cancer and non-cancer effects from inhalation exposures. The CTC Final Rule established different compliance deadlines for federal and non-federal entities. Non-federal entities were required to conduct initial monitoring by June 11, 2026, and meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program by September 9, 2026. Federal entities were required to conduct initial monitoring by June 21, 2027, and 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 the CTC Final Rule, EPA understood that federal agencies and their contractors would need additional time to comply due to federal procurement requirements. However, both federal and non-federal entities were required to establish and implement an exposure control plan by December 20, 2027.
After issuing the CTC Final Rule, EPA received several petitions for review that were consolidated in the U.S. Court of Appeals for the Eighth Circuit. On September 12, 2025, EPA announced its decision to reconsider the CTC Final Rule through further rulemaking. In that announcement, the Agency expressed its intent to open a comment period on the final rule. To that end, EPA solicited public comment on the requirements and implementation of the CTC Final Rule, including feasibility of exposure monitoring (Ref. 6). EPA has initiated action to reconsider aspects of the 2024 CTC Rule and intends to publish a separate Notice of Proposed Rulemaking to potentially amend various aspects of that rule.
III. Provisions of This Proposed 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.” 15 U.S.C. 2605(d)(1)(B) and (E). EPA acknowledges that it is proposing 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 and Unit III.B of the CTC Final Rule). 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. Accordingly, EPA proposes that the compliance dates detailed below would be more consistent with EPA's obligations under TSCA section 6(d) for the PCE and CTC rules than those finalized in 2024.
A. Proposed Compliance Date Extensions for PCE
Among the issues raised by stakeholders in response to the Agency's July 2025 request for public comment was the practicability of the existing compliance dates and the reasonableness of the transition period for the WCPP. One commenter raised concerns about the suitability of existing exposure monitoring methods for PCE, asserting that additional time is needed for method validation and ensuring laboratory capacity (Ref. 7). Two industry trade organizations (Refs. 8, 9) stated 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. One of these commenters asserted that the 2024 PCE Final Rule had created timelines that are not practically achievable and urged EPA to extend WCPP compliance timeframes so that facilities facing multiple overlapping WCPP obligations can realistically comply (Ref. 8). The other commenter suggested that EPA consider (1) aligning compliance timelines of the WCPPs for commercial entities and federal entities to a single date, (2) extending both sets of compliance dates to provide regulated parties with sufficient time for planning, or (3) phasing in exposure limits over longer timelines to allow business to program and invest in capital-intensive worker protections at the top of the hierarchy of controls, while controlling exposures in the interim (Ref. 9).
EPA recognizes the complexities of implementing multiple WCPP requirements on different timelines. To better ensure a reasonable transition period for WCPP/ECEL implementation and compliance dates that are as soon as practicable, EPA is proposing to extend the WCPP compliance deadlines for non-federal entities to match the current deadlines for federal entities. If finalized as proposed, this would 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. EPA seeks comment on regulated entities' ability to comply with both the original WCPP/ECEL compliance deadlines and the proposed compliance date extensions for non-federal entities, including whether the extended compliance dates proposed by EPA are “as soon as practicable” and “provide for a reasonable transition period.” EPA also seeks comment on whether, and to what extent, any other interrelated compliance dates should be extended to ensure that the WCPP is fully implementable as soon as practicable with a reasonable transition period (for ( printed page 14794) example, WCPP compliance date for workplace information and training). EPA is currently proposing to extend only the PCE WCPP compliance dates related to the ECEL and inhalation exposure because the Agency is not aware of any practicability concerns with implementing the dermal protection required by the PCE Final Rule by the current compliance dates. However, EPA welcomes comments on the implementation of dermal protection requirements and whether the current dates applicable to non-federal entities are practicable. Because EPA is proposing to change its position from the PCE Final Rule in 2024, EPA also seeks comment on any reliance interests that may be impacted if EPA finalizes this rule as proposed.
In this action, EPA is only proposing to extend a subset of certain non-federal WCPP compliance dates set forth in 40 CFR 751.607. EPA is actively reconsidering the PCE Final Rule, including comments received in 2025 during the open comment period, and intends to propose amendments to various aspects of the rule in a separate action.
B. Proposed Compliance Date Extensions for CTC
Among the public comments received in response to the Agency's October 2025 request for comment on the requirements and implementation of the CTC Final Rule (Ref. 6) were comments from industry and trade associations stating that there are currently no standard, commercially available in-the-field monitoring devices that can reliably measure to the ECEL, particularly for short-term tasks such as connecting or disconnecting equipment for sampling, loading, unloading, or disposal (Refs. 10, 11, 12, 13). Given the lack of a reliable, commercially available monitoring method for short-term tasks, an industry trade organization recommended alternative risk management approaches for short-term tasks and stated that additional time would be required for implementation. The commenter suggested that the WCPP compliance deadlines for all owners and operators be revised to align with the current compliance dates for federal entities and their contractors or 18 months from the effective date of the revised CTC rule, whichever is later (Ref. 13). In addition, EPA met with the ACC Chlorine Panel on December 17, 2025, where member companies highlighted implementation challenges of the ECEL since analytical monitoring methods are not feasible for short-term tasks, making it uncertain when, and for how long, PPE needs to be used when performing high-exposure short-term tasks (Ref. 14).
EPA recognizes there are ongoing difficulties in conducting the initial monitoring to implement the WCPP/ECEL given the monitoring challenges associated with short-term tasks. To ensure a reasonable transition period for WCPP implementation and compliance dates that are as soon as practicable, EPA is proposing to extend the initial monitoring compliance deadline for non-federal entities to match the current deadline for federal entities. EPA is proposing to similarly extend the subsequent deadlines for non-federal entities to meet the ECEL, establish a regulated area, provide any required respiratory PPE, and establish a respiratory PPE program, to match the current deadline for federal entities. If finalized as proposed, this would require non-federal entities to conduct initial compliance 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.
EPA seeks comment on regulated entities' ability to comply with both the original WCPP compliance deadlines—particularly the initial monitoring deadlines—and the proposed compliance date extension for non-federal entities, including whether the proposed compliance dates are “as soon as practicable” and “provide for a reasonable transition period.” EPA is also interested in comments on whether, and to what extent, any other interrelated compliance dates should be extended to ensure the WCPP is fully implementable as soon as practicable with a reasonable transition period (e.g., WCPP compliance date for workplace information and training). Because EPA is changing its position from the CTC Final Rule in 2024, EPA also seeks comment on any reliance interests that may be impacted if EPA finalizes this rule as proposed.
In this proposed rule, EPA is only proposing to extend a subset of certain non-federal WCPP compliance dates in 40 CFR 751.707. EPA is actively reconsidering the 2024 CTC Final Rule, including comments received in 2025 during the open comment period and intends, if appropriate, to propose amendments to various aspects of the rule in a separate action.
IV. 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.
EPA. Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA); Final Rule. Federal Register (89 FR 103560, December 18, 2024) (FRL-8329-01-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-12-18/pdf/2024-30117.pdf.
EPA. Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA); Final Rule. Federal Register (89 FR 103512, December 18, 2024) (FRL-8206-02-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-12-18/pdf/2024-29517.pdf.
EPA. Economic Analysis of the Final Regulation of Perchloroethylene Under TSCA Section 6(a). December 2024. https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0720-0347.
EPA. Economic Analysis of the Final Regulation of Carbon Tetrachloride Under TSCA Section 6(a). December 2024. https://www.regulations.gov/document/EPA-HQ-OPPT-2020-0592-0176.
EPA. Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA); Request for Comment; Notice. Federal Register (90 FR 35858, July 30, 2025) (FRL-8329-03-OCSPP). https://www.govinfo.gov/content/pkg/FR-2025-07-30/pdf/2025-14429.pdf.
EPA. Carbon Tetrachloride (CTC); Regulation Under the Toxic Substances Control Act (TSCA); Request for Comment; Notice. Federal Register (90 FR 48203, October 9, 2025) (FRL-12982-01-OCSPP ). https://www.govinfo.gov/content/pkg/FR-2025-10-09/pdf/2025-19500.pdf.
LeaAnne Forest. American Chemistry Council Chlorine Panel. Comment EPA-HQ-OPPT-2020-0720-0393. August 29, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0720-0393.
Christopher Phalen. National Association of Manufacturers. Comment EPA-HQ-OPPT-2020-0720-0391. August 29, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0720-0391.
David Hyde. Aerospace Industries Association. Comment EPA-HQ-OPPT-2020-0720-0387. August 29, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0720-0387.
Dr. Casey Mulligan and Nick Goldstein. U.S. Small Business Administration. Comment EPA-HQ-OPPT-2020-0592-0199. November 7, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0592-0199.
W. Caffey Norman. Olin Corporation. Comment EPA-HQ-OPPT-2020-0592-0200. November 7, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0592-0200. ( printed page 14795)
Rayna Laiosa. Chemours Company. Comment EPA-HQ-OPPT-2020-0592-0205. November 10, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0592-0205.
Kat Gale. American Chemistry Council Chlorine Panel. Comment EPA-HQ-OPPT-2020-0592-0208. November 10, 2025. https://www.regulations.gov/comment/EPA-HQ-OPPT-2020-0592-0208.
EPA. American Chemistry Council Chlorine Panel Meeting Memo. December 17, 2025.
EPA. Risk Evaluation for Perchloroethylene. Document ID No. EPA-HQ-OPPT-2020-0720-0035. EPA Publication No. 740-R1-8011. December 2020. https://www.regulations.gov/document/EPA-HQ-OPPT-2019-0502-0058.
EPA. Risk Evaluation for Carbon Tetrachloride (Methane, Tetrachloro-). EPA Publication No. EPA-740-R1-8014. October 2020. https://www.regulations.gov/document/EPA-HQ-OPPT-2019-0499-0061.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
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).
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is expected to be an Executive Order 14192 deregulatory action. This proposed rule is expected to provide burden reduction by providing relief against existing compliance deadlines.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection activities or burden subject to OMB review and approval under the PRA, 44 U.S.C. 3501 et seq. However, 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). OMB has previously approved the information collection activities contained in the existing regulations and associated burden under OMB Control Nos. 2070-0228 (EPA ICR No. 2744.02) and 2070-0233 (EPA ICR No. 2740.02). An agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable.
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. 601 et 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 would extend 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. This action would also extend 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, 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. This action is expected to relieve regulatory burdens on entities subject to the December 2024 final rules' provisions, as described in Unit III.
F. Executive Order 13132: Federalism
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. 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 the 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 have a disproportionate risk to children are applicable here. In the 2020 Risk Evaluation for PCE (Ref. 15), 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. 16), while the Agency found risks to children and adults from occupational use, the Agency determined that risks to ( printed page 14796) 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 (Ref. 2), and the 2020 Risk Evaluation for Carbon Tetrachloride (Ref. 16).
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.2c. of the PCE Final Rule (Ref. 1), the 2020 Risk Evaluation for PCE (Ref. 15), and the Economic Analysis for the PCE Final Rule (Ref. 3). 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 (Ref. 2), and the 2020 Risk Evaluation for CTC (Ref. 16), and the Economic Analysis for the CTC Final Rule (Ref 4).
I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Pursuant to the NTTAA section 12(d), 15 U.S.C. 272, the Agency has determined that this proposed rulemaking involves environmental monitoring or measurement, specifically for occupational inhalation exposures to carbon tetrachloride and perchloroethylene. Consistent with the Agency's Performance Based Measurement System (PBMS), EPA has decided not to require the use of specific, prescribed analytic methods. Rather, the Agency will allow the use of any method that meets the prescribed performance criteria. The PBMS approach is intended to be more flexible and cost-effective for the regulated community; it is also intended to encourage innovation in analytical technology and improved data quality. EPA is not precluding the use of any method, whether it constitutes a voluntary consensus standard or not, as long as it meets the performance criteria specified.
For this proposed rulemaking, the key consideration for the PBMS approach is the ability to accurately detect and measure airborne concentrations of carbon tetrachloride at the ECEL, and perchloroethylene at the ECEL and ECEL action level.
List of Subjects in 40 CFR Part 751
- Environmental protection
- Chemicals
- Export notification
- Hazardous substances
- Import certification
- Reporting and recordkeeping Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA proposes to amend 40 CFR part 751 as follows:
PART 751—REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT
- The authority citation for part 751 continues to read as follows:
Authority: 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).
- Amend § 751.607 by revising paragraphs (b)(2), (b)(3)(ii), (b)(4)(i), (d)(1)(i)(A), (d)(2) introductory text, (f)(2)(i), and (f)(2)(iii) to read as follows:
§ 751.607 Workplace Chemical Protection Program (WCPP). * * * * * (b) * * *
(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.
- * * * (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).
- * * * 3. Amend § 751.707 by revising paragraphs (b)(1), (b)(2)(ii), (b)(3)(i), (f)(2)(i), and (f)(2)(iii) to read as follows:
§ 751.707 Workplace Chemical Protection Program (WCPP). * * * * * (b) * * *
(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 ( printed page 14797) 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.
- * * * * (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).
- * * * [FR Doc. 2026-05977 Filed 3-26-26; 8:45 am]
BILLING CODE 6560-50-P
Published Document: 2026-05977 (91 FR 14790)
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