EPA Delays Trichloroethylene Ban Provisions Amid Ongoing Litigation

EPA Announces Delay of Trichloroethylene Ban Provisions

The Environmental Protection Agency has delayed until further notice the effective date of certain worker-related provisions in its final rule banning trichloroethylene, as related litigation continues, according to Safety+Health Magazine. On May 5, 2026, EPA announced that as of May 18, 2026—the previous effective date—these provisions are postponed until the conclusion of judicial review.

Background on Trichloroethylene and the Rule

TCE is a toxic chemical used in dishwashing products and as a solvent in brake and parts cleaning, recycling, and disposal. In 2014, EPA determined that TCE may cause cancer, developmental and neurological effects, and toxicity to the liver. The rule, published in December 2024, prohibits the manufacture, processing, and distribution of TCE for consumer products and commercial uses.

Details of the Affected Provisions

The delay specifically impacts exemptions under Section 6(g) of the Toxic Substances Control Act that permit several uses to continue under workplace restrictions for longer periods. These include TCE as a processing aid for manufacturing battery separators for lead acid batteries and as a chemical for essential laboratory activities. EPA has cited the ongoing litigation in the U.S. Circuit Court of Appeals for the 3rd Circuit, which issued a stay of the rule’s effective date, as the reason for this postponement, according to Safety+Health Magazine.

EPA’s History of Delays

EPA has previously delayed the original effective date of these Section 6(g) exemptions multiple times due to the same litigation case. This pattern of delays highlights the agency’s response to legal challenges in implementing the rule, as detailed in the source material.