The U.S. Environmental Protection Agency (EPA) is opening a 30-day public comment period on its 2024 final risk management rule for perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). This is the first step in EPA’s efforts to reconsider and, if appropriate, revise the final risk management rule. This review is being done in accordance with applicable law, Executive Orders, and Administration policies, including Executive Order 14219 “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative” and the EPA’s Powering the Great American Comeback Initiative Pillar I: Clean Air, Land, and Water for Every American.
After the final rule was published, several legal challenges were filed. These petitions for review were consolidated in the Court of Appeals for the Fifth Circuit. The Court granted a temporary abeyance through August 21, 2025. The Agency subsequently determined that the rule should be reconsidered through further rulemaking. Feedback received during this comment period will help inform next steps in this reconsideration.
EPA is inviting public comment on the final rule, including but not limited to any existing or anticipated implementation issues associated with the final rule requirements, experiences with the PCE final rule since it went into effect, and whether to consider additional or alternative measures or approaches to address the unreasonable risk presented by PCE under the conditions of use. Specifically, EPA invites public comment on:
- The Existing Chemical Exposure Limit promulgated in the PCE rule as part of the Workplace Chemical Protection Program (WCPP), including whether the use of a different exposure limit would be more appropriate to inform risk management.
- Conditions of use EPA could contemplate subjecting to a WCPP as opposed to imposing a prohibition.
- The use of PCE in industrial dry cleaning processes including workplace controls that reduce exposure to PCE and the performance of alternatives to PCE in these operations.
Read the Federal Register Notice opening the docket for PCE for more information regarding EPA’s call for comments.
Upon reopening the rulemaking docket on regulations.gov, EPA will accept comments for 30 days beginning on July 30, 2025, until August 29, 2025, on docket EPA-HQ-OPPT-2020-0720. Going forward, the public will also have an opportunity to comment on any notice of proposed rulemaking to amend the final PCE rule.
