[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Rules and Regulations]
[Pages 44772-44782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17948]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 751
[EPA-HQ-OPPT-2020-0642; FRL-8317.2-01-OCSPP]
RIN 2070-AL32
Trichloroethylene; Regulation Under the Toxic Substances Control
Act (TSCA); Compliance Date Extension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is taking
interim final action on the Regulation of Trichloroethylene (TCE) under
the Toxic Substances Control Act (TSCA) to revise certain compliance
deadlines finalized in 2024. Specifically, EPA is amending the
prohibition compliance date for the use of TCE as a processing aid in
the manufacture of nuclear fuel, with corresponding changes to the
compliance dates for the manufacturing, processing and distribution in
commerce of TCE to support such use, to a prohibition on September 15,
2028. EPA is also amending the prohibition compliance date for the
disposal of TCE to wastewater by processors of TCE and processors and
industrial and commercial users of TCE as a processing aid, to begin on
December 18, 2026. EPA is also amending the compliance deadline for
downstream notification, and the text required to be present in Safety
Data Sheets, to accurately reflect the new prohibition compliance
deadline for TCE used as a processing aid in the manufacture of nuclear
fuel. EPA is amending this compliance deadline to allow for 90 days
after the publication of the final rule for manufacturers, processors,
and distributors in commerce of TCE to make such a change. These
revisions are necessary to address new information presented to EPA
about inadvertent oversights in the original rulemaking and serious
concerns that the facilities at issue will be unable to comply with the
relevant requirements by the existing deadlines. EPA is requesting
comments on all aspects of this interim final rule and will consider
all comments received in determining whether amendments to this rule
are appropriate after the conclusion of the comment period.
DATES: This interim final rule is effective on September 15, 2025.
Comments must be received on or before October 17, 2025.
[[Page 44773]]
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2020-0642 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: Gabriela Rossner, Existing
Chemicals Risk Management Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: 202-564-2426; email
address: [email protected].
For general information contact: The TSCA Assistance Information
Service Hotline, Goodwill of the Finger Lakes, 422 South Clinton Ave.,
Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-
1404; email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
This action may apply to you if you manufacture, process,
distribute in commerce, or are an industrial and commercial user of TCE
used as a processing aid in the manufacture of nuclear fuel.
Additionally, you may be potentially affected by this rule if you
process TCE as a reactant/intermediate, process TCE for use as a
processing aid in certain industries, or use TCE as a processing aid in
such industries. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include:
211120--Crude Petroleum Extraction
221118--Other Electric Power Generation
325180--Other Basic Inorganic Chemical Manufacturing
325193--Ethyl Alcohol Manufacturing
325199--All Other Basic Organic Chemical Manufacturing
325211--Plastics Material and Resin Manufacturing
325998--All Other Miscellaneous Chemical Product and
Preparation Manufacturing
332313--Plate Work Manufacturing
332410--Power Boiler and Heat Exchanger Manufacturing
334513--Instruments and Related Products Manufacturing for
Measuring, Displaying, and Controlling Industrial Process Variables
335312--Motor and Generator Manufacturing
424690--Other Chemical and Allied Products Merchant
Wholesalers
424720--Petroleum and Petroleum Products Merchant Wholesalers
(except Bulk Stations and Terminals)
541330--Engineering Services
This list details the types of entities that EPA is aware could
potentially be impacted by this action. Other types of entities not
listed could also be impacted. To determine whether your entity is
impacted by this action, you should carefully examine the applicability
criteria found in 40 CFR 751.305 and 705.313. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.
B. What is the Agency's authority for taking this action?
Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines
through a TSCA section 6(b) risk evaluation that a chemical substance
presents an unreasonable risk of injury to health or the environment
under its conditions of use, EPA must by rule apply one or more
requirements listed in TSCA section 6(a) to the extent necessary so
that the use or uses of the chemical substance or mixture no longer
presents such risk.
Unless provided otherwise by law, an agency may change existing
positions (e.g., reconsider, revise, or rescind prior actions) so long
as it acknowledges the change in position, provides a reasoned
explanation for the change, and takes 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).
Here, and as explained further in Unit II.C, based on new information
submitted by regulated entities, the Agency is amending compliance
dates to address recently-received information that the original
compliance dates for (1) a subset of industrial and commercial use of
TCE previously categorized as miscellaneous and now specified as the
manufacture of nuclear fuel and (2) the disposal of TCE to wastewater
by processors of TCE and processors and industrial and commercial users
of TCE as a processing aid are not practicable and do not provide
adequate transition time. EPA does not believe that the Agency took a
contrary position in the original rule with respect to these issues
because the information and concerns discussed here were not before the
Agency at the time and the Agency did not intend to create the
compliance concerns addressed in this action. Further, EPA does not
believe there are significant reliance interests in the current
deadline with respect to the narrow issues addressed in this action.
Nevertheless, EPA seeks comments on any potential reliance interests
and how those reliance interests should be taken into account when
assessing whether to revise this action after the close of the comment
period.
In addition, under the Administrative Procedure Act (APA) at 5
U.S.C. 553(b)(B), an agency may issue a final rule without providing
notice and an opportunity for public comment if it for good cause finds
that notice and public procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Further, under the APA at 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,'' which
includes this action as it relieves restrictions by extending several
of the 2024 rule's compliance deadlines.
As explained further in Unit III, EPA finds good cause to make the
rule immediately effective without prior notice and comment because new
information has revealed that EPA inadvertently established
impracticable compliance deadlines for an application of TCE in the
nuclear sector not specifically considered in the rulemaking and,
separately, unintentionally established a reasonable transition period
under TSCA section 6(d) for certain processing conditions of use
without establishing a similar reasonable transition period for
wastewater activities necessitated by such processing.
C. What action is the Agency taking?
EPA is amending the 2024 Regulation of Trichloroethylene (TCE)
under TSCA codified in subpart D of 40 CFR 751, referred to hereafter
as the 2024 final rule (Ref. 1), in the following ways. First, EPA is
amending the prohibition compliance date for the use of TCE as a
processing aid in the manufacture of nuclear fuel, with corresponding
changes to supporting compliance dates, to begin on September 15, 2028.
Second, EPA is amending the prohibition compliance date for the
disposal of TCE
[[Page 44774]]
to wastewater by processors of TCE as a reactant/intermediate and
processors for and industrial and commercial users of TCE as a
processing aid for: process solvent used in battery manufacture;
process solvent used in polymer fiber spinning, fluoroelastomer
manufacture and Alcantara manufacture; extraction solvent used in
caprolactam manufacture; precipitant used in beta-cyclodextrin
manufacture (hereinafter referred to as ``chemical processors''), to
begin on December 18, 2026. Third, EPA is amending the compliance date
and required safety data sheet text for downstream notification, for an
updated compliance date on December 16, 2025.
1. TCE as a Processing Aid in the Manufacture of Nuclear Fuel
EPA is amending the prohibition compliance date for the industrial
and commercial use of TCE in other miscellaneous industrial and
commercial uses, specifically for the use of TCE as a processing aid in
the manufacture of nuclear fuel. EPA is extending the prohibition
compliance date by three years, to September 15, 2028, for the
industrial and commercial use of TCE as a processing aid in the
manufacture of nuclear fuel, and the manufacturing, processing, and
distribution of commerce of TCE to support such use (as opposed to the
2024 final rule's compliance date of September 15, 2025). These changes
respond to new information received after promulgation of the 2024
final rule about a condition of use with critical national security and
energy implications that EPA did not consider during the rulemaking
and, as a result, was not reflected in EPA's analysis of the
appropriate prohibition compliance date (currently September 15, 2025).
2. Disposal of TCE to Wastewater by Chemical Processors
EPA is also amending the compliance deadline from September 15,
2025, to December 18, 2026, for the prohibition on disposal of TCE to
wastewater for processors of TCE as a reactant/intermediate and
processors for and industrial and commercial users of TCE as a
processing aid for certain industrial sectors. This action aligns the
disposal prohibition with the December 18, 2026, prohibition on such
uses in the 2024 final rule. This change responds to serious concerns
raised to EPA that processing conditions of use subject to a time-
limited exemption from the prohibition compliance date (currently
September 15, 2025) also involve disposal of TCE to wastewater that
inadvertently was not similarly subject to a time-limited exemption.
3. Downstream Notification
As a result of the new prohibition compliance date for the
industrial and commercial use of TCE as a processing aid in the
manufacture of nuclear fuel, EPA is amending the downstream
notification requirements to allow for 90 days from the publication of
this rule in the Federal Register for manufacturers and processors of
TCE to amend their Safety Data Sheets to reflect this new use's
prohibition compliance deadline.
D. Why is the Agency taking this action?
EPA received petitions on May 29 and June 19, 2025, that provided
new information about regulated entities with uses that would be
prohibited by the 2024 final rule after September 15, 2025,
jeopardizing activities of significant importance. As discussed further
in Unit II.C, EPA has considered the information and is taking this
action to provide urgent regulatory relief for these regulated
entities.
E. What are the incremental economic impacts?
1. TCE as a Processing Aid in the Manufacture of Nuclear Fuel
EPA identified five companies that have capabilities to produce
Tri-structural Isotropic (TRISO) particle fuel, with only a single
primary producing company capable of production at scale. That company
uses TCE as a forming fluid. One company may also be using TCE to
produce TRISO fuel, although they are not currently licensed by NRC and
are not producing TRISO fuel at production scale but would need to
transition to a TCE alternative to comply with the 2024 final rule. EPA
presumes that the transition costs for this company would be smaller
than the costs for the at scale producer because their production is
smaller capacity.
The primary producing company estimated that the costs of executing
the testing of the manufacturing ability of alternatives and fuel
quality analysis studies would be approximately $4 million (Ref. 4).
The company notes that there would be additional costs that it was
unable to quantify such as equipment testing, operator training,
additional irradiation testing, and fuel certification (Ref. 4). The
three-year delay in prohibition of TCE for this use would delay the
occurrence of these transition costs. The social costs avoided under
the interim final rule would be those associated with the critical
infrastructure and national security impacts that would occur without
it. EPA is unable to address the cost savings from avoiding the delays
in the production of TRISO fuel that would occur without the interim
final rule.
EPA does not have exposure monitoring data specific to this use and
therefore, EPA does not have information to quantify exposure
reductions that may occur if facilities continue operations past
September 15, 2025. Under the December 2024 rule, the use of TCE by
these facilities would be prohibited after September 15, 2025, so
exposures to workers would cease at that time. This interim final rule
allows operations using TCE to continue additional 3 years allowing for
workers' continued exposure to TCE and reducing potential health
benefits to those workers. EPA does not have exposure monitoring data
specific to this use and therefore, can not quantify that exposure and
potential loss of benefits.
2. Disposal of TCE to Wastewater by Chemical Processors
EPA identified 24 facilities that appear to be creating TCE as a
byproduct or using byproduct TCE as reactant/intermediate (e.g., as a
feedstock for the production of other chemicals) that could potentially
have wastewater containing TCE. Without the compliance date extension,
these facilities would not be able to dispose of their wastewater and
would effectively be forced to cease their operations. EPA does not
have an estimated social value for the closure of these facilities.
However, the median employment and revenue at the affected facilities
is 49 employees and $20 million, respectively. Total employment and
revenue at affected facilities is estimated to be 3,465 employees and
$1 billion, respectively.
EPA does not have exposure monitoring data specific to this use and
therefore, EPA is not able to quantify the foregone exposure reductions
that may occur as a result of facilities continuing operations. Under
the December 2024 rule, the use of TCE by these facilities would be
prohibited after September 15, 2025, so exposures to workers would
cease at that time. This interim final rule allows operations using TCE
to continue until December 18, 2026, allowing for workers' continued
exposure to TCE and reducing potential health benefits to those
workers. EPA does not have exposure monitoring data specific to this
use and therefore, can not quantify that exposure and loss of potential
benefits.
[[Page 44775]]
II. Regulatory Revisions
A. Rule Background and Summary
1. The October 2023 Notice of Proposed Rulemaking
In October 2023, EPA proposed a rule under TSCA section 6(a) to
address unreasonable risk of injury to human health presented by TCE
under 52 of its 54 total conditions of use (Ref. 21). In the TSCA
section 6(b) 2020 Risk Evaluation for TCE, EPA identified non-cancer
adverse effects from acute and chronic inhalation exposures to TCE, and
for cancer from chronic inhalation exposures to TCE (Ref. 21). The 2023
proposed rule sought to prohibit the manufacture, processing, and
distribution in commerce of TCE for all consumer uses; and prohibit the
manufacture, processing, distribution in commercefor all industrial and
commercial uses, with certain processing and industrial and commercial
uses that needed compliance timeframes longer than one year required to
implement a workplace chemical protection program (WCPP) in the interim
(Ref. 21). In 2023 EPA also proposed providing certain time-limited
TSCA section 6(g) exemptions from the prohibition for uses of TCE that
would otherwise significantly disrupt national security or critical
infrastructure (Ref. 21).
2. The December 2024 Final Rule
On December 17, 2024, EPA published the final regulation for TCE
under TSCA section 6(a) (Ref. 1). Many of the provisions in the 2023
proposed rule were finalized as proposed, namely the regulatory action
being the eventual prohibition of all conditions of use (Ref. 1). EPA
considered information received through public comments, making a
number of revisions such as: provide a delayed prohibition for five
conditions of use, include a regulatory threshold, revise specific
provisions of the WCPP, and modify the times and provisions of the TSCA
section 6(g) exemption (Ref. 1). The 2024 final rule addressed the
unreasonable risk from TCE through the eventual prohibition of all
conditions of use, with certain conditions of use having longer
timeframes until prohibition or TSCA section 6(g) exemptions to the
prohibition (Ref. 1). The prohibition of the majority of industrial and
commercial uses has a compliance date of September 15, 2025 (Ref. 1).
With respect to the use described in Unit I.C.1, while EPA
responded to comments and revised provisions of the 2024 final rule in
consideration of commenters' concerns on industrial and commercial use
of TCE as a processing aid and other miscellaneous industrial and
commercial uses of TCE, EPA did not have any information at the time of
the 2024 final rule publication related to use of TCE in nuclear fuel
manufacturing (Ref. 1).
Similarly, EPA responded to public comments and revised several
aspects of the prohibition and phaseout timeline regarding the disposal
of TCE to wastewater in the 2024 final rule (Ref. 1). Specifically,
based on public comments, EPA revised the prohibition date between the
2023 proposed and 2024 final rules to allow for disposal of TCE to
wastewater to continue for the length of time for certain uses of TCE
as a processing aid in various aspects of battery separator
manufacturing, until that use would be prohibited (after December 18,
2029; December 18, 2039; or December 18, 2044), in recognition of
information received on the essential nature of disposal of wastewater
for the specific processes described in public comments (Ref. 1).
During public comments, EPA did not receive any explicit information
about wastewater disposal being essential for other processing uses
(Ref. 1).
3. Other TSCA Section 6(a) Risk Management Rules
In 2024, EPA also issued final risk management rules for several
other chlorinated solvents, including methylene chloride,
perchloroethylene (PCE), and carbon tetrachloride (CTC). Unlike TCE,
the manufacturing of each of these chemicals was permitted to continue
under a WCPP. EPA determined that ongoing manufacturing, processing,
and use of these chemicals would provide several significant benefits,
including complementing the Agency's efforts to address climate-
damaging hydrofluorocarbons (HFCs) under the American Innovation and
Manufacturing Act of 2020 (AIM Act) (42 U.S.C. 7675). More
specifically, PCE and CTC will continue to be used in tandem with
strict workplace controls for the generation of HFC-125 and HFC-134a,
two of the regulated substances that are subject to a 15-year phasedown
under the AIM Act. HFCs-134a and -125 can be mixed with other
substances to make lower global warming potential blends that are
likely to be used to facilitate the transition away from HFC blends
with higher global warming potentials in certain applications.
B. Petitions
In June 2025, BWXT, a manufacturer of TRISO nuclear fuel, contacted
EPA with concerns regarding the impact of the prohibition of TCE on
their nuclear fuel production which has national security and critical
use applications, and furnishes several existing Department of Defense
(DOD) and Department of Energy (DOE) contracts and requested EPA
provide an exemption from the prohibition (Ref. 2). EPA treated this
request as a petition under the APA, 5 U.S.C. 553(e). EPA conducted
outreach to the nuclear fuel manufacturer, as well as with DOD, DOE,
and the Nuclear Regulatory Commission (NRC) to gather information
related to this newly identified use of TCE (Refs. 2, 3, 4, 5, 6, and
7).
In May 2025 EPA received a TSCA Section 21 Petition from the
American Chemistry Council (ACC) with concerns regarding the impact of
the September 15, 2025, prohibition on disposal of TCE to wastewater on
other processors of TCE and industrial and commercial users of TCE as a
processing aid (Ref. 16). EPA conducted outreach with ACC and several
of its member companies to gather information about processing and
disposal to wastewater (Ref. 17).
C. Compliance Challenges
1. TCE as a Processing Aid in the Manufacture of Nuclear Fuel
EPA is issuing this interim final rule to address an unanticipated
emergency that the Agency inadvertently created for nuclear fuel
manufacturers and Federal Agencies with advanced nuclear reactor
projects by imposing a general prohibition compliance date of September
15, 2025, for a miscellaneous condition of use not specifically
analyzed or discussed in the 2024 final rule. Until receipt of the June
19, 2025, petition from BWXT, EPA was not aware of this particular
condition of use of TCE (Ref. 1). EPA now understands that TCE is used
as a processing aid in the manufacture of nuclear fuel, specifically
Tri-structural Isotropic (TRISO) nuclear fuel pellets (Refs. 2, 3, 4,
5, 6, and 7). These TRISO pellets are the nuclear fuel for advanced
nuclear reactors (Refs. 2, 3, 4, 5, 6, and 7).
TRISO nuclear fuel pellets are a type of nuclear fuel in which each
pellet is made of a uranium, carbon, and oxygen fuel kernel
encapsulated in carbon- and ceramic-based materials (Refs. 2, 3 and 4).
An important characteristic of TRISO pellets is that they cannot melt
in a commercial high-temperature reactor, and are able to be heated to
high temperatures that are beyond the threshold of current nuclear
fuels (Refs. 2, 3, 4, 5, 6, and 7). TRISO pellets also represent a
significant safety advancement in that they encapsulate
[[Page 44776]]
small amounts of uranium, whereas traditional nuclear fuel rods contain
significantly larger amounts of uranium (Refs. 2, 3, 4, 5, 6, and 7).
This encapsulation of radioactive material means that nuclear reactors
that use TRISO may not have to build a traditional nuclear containment
dome, which eliminates the traditional need for a significant physical
footprint with high engineering demands (Ref. 7). As such, TRISO fuel
is key for advanced nuclear reactors, and in particular advanced
nuclear reactors that do not need containment domes such as those
needed for DOD installations (Refs. 2, 6, and 7).
TCE is used as processing aid for a forming fluid during the first
steps of TRISO pellet manufacture, as part of the internal gelation
sol-gel production pathway (Refs. 2, 3, 4, and 5). In this process, a
chilled uranium solution is pumped to a forming nozzle with very small
holes, which then drops the uranium organic solution into a TCE forming
fluid bath (Refs. 2, 3, 4, and 5). TCE has specific qualities that
allow it to serve two purposes in the forming process. The TCE is used
as a method for heat transfer, which warms the chilled uranium that is
dropped into a TCE bath and triggers the chemical reaction that is the
gelation part of the process, transforming the liquid droplet into a
semi solid sphere. TCE also has a specific surface tension and density
relative to the uranium mixture that ensures that as the uranium passes
through the TCE bath it retains a spherical shape (Refs. 3 and 4). The
use of TCE as a processing aid is one of the first steps in the
manufacture of TRISO fuel. This step is a critical part of the process
which ensures that the uranium is safely encapsulated through gelation
and that the TRISO pellets are as spherical as possible--both of which
are criteria in the highly specific safety standards TRISO fuel must
meet (Refs. 3, 4, and 5).
EPA received information in June 2025 regarding the importance of
TCE as processing aid currently used in the manufacture of nuclear
fuel, specifically TRISO nuclear fuel pellets, and an extension is
necessary to avoid disruption to national security and critical
infrastructure. EPA received the initial request from the nuclear fuel
manufacturer less than 90 days before the use would be prohibited by
the September 15, 2025, compliance timeframe in the 2024 final rule.
The time between being notified about this use and the prohibition was
insufficient for EPA to prepare and propose a rule, seek public
comment, and finalize a rule. Given this short timeframe, EPA is
promulgating this interim final rule in order to avoid the critical
impacts on national security of a TCE ban on manufacturing nuclear
fuel. TRISO fuel has many critical infrastructure and national security
applications, and the timing of TRISO manufacturers transitioning out
of TCE is linked to the need to fulfill critical military and
government contracts (Refs. 2, 3, 4, 5, 6, and 7). DOD has indicated
that TRISO fuel is an essential part of Project Pele, a program in
which an advanced nuclear reactor fueled by TRISO would help power an
installation for DOD (Refs. 3, 7, 8, 9, and 10). Project Pele is a DOD
effort to meet the goals set out in Executive Order (E.O.) 14299,
``Deploying Advanced Nuclear Reactor Technologies for National
Security'' (Refs. 3, 7, 8, 9, 10, and 11). At DOE, TRISO fuel is used
in the Idaho National Lab's advanced nuclear reactor and microreactor
program. Furthermore, TRISO fuel is planned to be used for testing at
the National Reactor Innovation Center's Demonstration of Microreactor
Experiments (Ref. 4).
Currently, only one company is licensed at a Category I level by
the Nuclear Regulatory Commission (NRC) to manufacture TRISO fuel--BWX
Technologies (BWXT), which uses TCE in their nuclear fuel manufacturing
process (Refs. 2, 3, 4, 5, 6, and 7). There are several other companies
that manufacture TRISO fuel, but at a much smaller production volume
and not at an industrial scale (Refs. 4, 5, 6, 7, 22, and 23). BWXT, as
the only TRISO nuclear fuel manufacturer at a large production scale,
is the primary supplier of TRISO fuel used in DOD and DOE advanced
nuclear reactors (Refs. 2, 3, 4, 5, 6, and 7). In its petition, BWXT
credibly represented that the company cannot discontinue using TCE by
September 15, 2025, because there is no readibly available alternative
at the scale needed by DOD and DOE (Refs. 2, 3, 4, 5, 6, and 7).
Additionally, BWXT cannot immediately begin a transition away from TCE
because critical infrastructure and national security needs for TRISO
nuclear fuel are only growing (Refs. 2, 3, 4, 5, 6, and 7). BWXT is
under several existing contracts with the Federal government to provide
TRISO fuel for critical projects (Refs. 2, 3, 4, 5, 6, and 7). For
example, all of Project Pele's fuel is provided by BWXT, and it is
critical that DOD be able to rely on consistent production of TRISO
fuel through the Project Pele and E.O. 14299 timeframe of 2028 (Refs.
3, 7, and 11). This is an active contract, with BWXT expected to start
production on more TRISO fuel to fulfill DOD requirements as soon as
uranium is released to furnish the contract (Refs. 3 and 5).
Additionally, BWXT is set to provide TRISO fuel for the National
Reactor Innovation Center's Demonstration of Microreactor Experiments
in the coming years (Ref. 4).
In order to continue to meet the existing demands from critical
national security programs for TRISO fuel, and in consideration of the
time it would take for regulatory licensing and testing of alternative
technologies, a reasonable transition timeline away from TCE must
extend beyond the September 15, 2025, prohibition deadline. As
discussed earlier in this unit, this is because there are limited
manufacturers able to produce TRISO fuel at scale for military and
government applications (Refs. 2, 5, 6, and 7). BWXT is the only major
supplier of TRISO fuel at a Category 1 facility in the US, which is
able to make TRISO at a production scale and does so using TCE (Refs.
3, 4, 5, 6, and 7). There are several other manufacturers of TRISO that
manufacture the nuclear fuel at a smaller scale, in quantities more
appropriate for lab use and testing (Refs. 5, 6, and 7). Some of these
other smaller scale manufacturers use TCE in their production process,
while others use alternative processing aids, such as a silicon based
forming fluid (Refs. 5, 6, and 7). Because TCE used as a processing aid
is one of the first steps of making TRISO fuel, transitioning away from
TCE temporarily halts all the manufacturing of nuclear fuel in a
production line (Refs. 3, 4, 5, and 6). However, in order to meet
current existing needs for TRISO for critical Federal applications, the
TRISO primary supplier would need to continue producing a supply of
TRISO for at least 2.5 years before shutting down their production line
to implement an alternative forming fluid to replace TCE (Refs. 3, 4,
5, 6, aand 7). Regarding military and national security applications,
the primary TRISO supplier cannot take down their production line until
Project Pele's test of an advanced nuclear reactor to power a military
installation which is projected to occur at the end of 2028 (Refs. 3,
7, 8, and 9). There is additionally the need for the primary supplier
to be continuously producing TRISO fuel for the next 2.5 years to
supply the reactors planned for testing at the National Reactor
Innovation Center's Demonstration of Microreactor Experiments (Ref. 4).
Only after the time that current contracts for critical military and
government applications are satisfied would the primary TRISO
[[Page 44777]]
supplier be able to cease operations for their manufacturing line of
TRISO fuel (Refs. 3, 4, 5, 6, 7). News sources suggest that there are
likely to be other producers of TRISO fuel that do not use TCE for
manufacturing TRISO fuel at production scale in a few years (Refs. 24).
Potential alternatives to TCE as a processing aid in the
manufacture of nuclear fuel have been identified, but as previously
noted, this transition is not immediate, and must be timed with
consideration for production needs. First a company would have to
research alternative forming fluids (Ref. 4). Once a suitable
alternative was identified, a nuclear fuel manufacturer would have to
update its safety analysis and submit a license amendment to NRC, which
could take six months to one year to process (Ref. 6). In order to
begin testing the actual manufacturing ability with alternative forming
fluids, a TRISO nuclear manufacturer would need to shut down its entire
production line and retrofit its currently existing space and process
(Refs. 2, 3, and 4). This is due to restrictions placed on a Category 1
nuclear fuel production facility, in which licensees are often not
allowed to change the physical footprint of their building and as such
the supplier could not create a new production area to test TCE
alternatives while also continuing to run its TRISO production line
simultaneously (Ref.15). This aspect of the transition would take six
to 18 months (Refs. 2, 3, and 4). Once a new forming fluid is in place
in the manufacturing process, the TRISO produced would need to undergo
quality analysis studies and potential irradiation testing at a
National Laboratory (Ref. 4). The TRISO fuel produced by a nuclear fuel
manufacturer using a non-TCE alternative may also have to undergo post-
production irradiation testing, depending on specifications on the
contract for DOE or DOD. This irradiaition testing could take from 18
months to three years before the TRISO fuel pellets can be used (Refs.
3, 4, 5, and 6). This compliance extension represents the minimum
timeframe possible to transition out of TCE, with BWXT continuously
producing TRISO fuel for the next 2.5 years and then indicating that
they could retrofit their production process in the subsequent six
months (Refs. 2, 3, 4, and 7).
For similar reasons as noted above, EPA is not finalizing a WCPP
for this continuing use. EPA expects that users of TCE in the
manufacture of nuclear fuel reduce risks to the extent practicable due
to the exposure controls typical of nuclear processing facilities until
prohibition (Refs. 3 and 4). At BWXT, TCE is used only in a ventilated
enclosure with an air flow of 125 linear feet per minute (Refs. 3 and
4). During use of TCE as a processing aid, workers wear PPE that
includes coveralls, gloves, and eye protection (Refs. 3 and 4). When
repackaging the TCE, workers at BWXT wear the aforementioned PPE, as
well as respirators (Refs. 3 and 4). As explained above, there are time
sensitive emergency national security needs for TRISO fuel, and EPA
placing additional workplace protection requirements beyond the highly
specialized workplace practices already in place on this use could
significantly disrupt national security or critical infrastructure. The
implementation of the TSCA WCPP would itself take time, as well as
potentially require the amendment of a license with NRC which would
delay production for months.
Additionally, Executive Order (E.O.) 14299, ``Deploying Advanced
Nuclear Reactor Technologies for National Security,'' signed in May
2025, highlights this Administration's priorities, which include using
advanced nuclear technology for both installation and operational
energy (Ref. 11). The E.O. directs DOD to commence the operation of a
nuclear reactor, regulated by the United States Army, at a domestic
military base or installation no later than Sept. 30, 2028 (Ref. 11).
DOD is explicit that TRISO fuel is necessary to meet the timeline and
goal of having a operational DOD advanced nuclear reactor--TRISO fuel
has already been rigorously tested by DOE, and its unique design of
encapsulating each nucelar particle meets specific DOD needs for
nuclear safety and portability without requiring large containment
physical infrastructure (Refs. 7, 8, 9, and 10). Furthermore, a slate
of four recent Executive Orders regarding nuclear energy will also lead
to commercial demand for TRISO fuel in order to power commercial
advanced nuclear reactors (Refs. 5, 6, 11, 12, 13, and 14). These
Executive Orders have underscored this Administration's commitment to
nuclear power and specifically call on advanced nuclear reactors (which
use TRISO fuel) to support our national security and critical
infrastructure (Refs. 11, 12, 13, and 14).
Due to the critical infrastructure and national security impacts of
TRISO fuel that is currently manufactured with TCE, EPA finds it
appropriate to amend the 2024 final rule to allow for three more years
until the prohibition. This timeframe would immediately allow the
primary TRISO manufacturer to finish fulfilling current government
contracts before shutting down production in order to reformulate
(Refs. 2, 3, 4, 5, 6, and 7).
2. Disposal of TCE to Wastewater by Chemical Processors
EPA is issuing this interim final rule to address the significant
compliance challenges that certain TCE users would face due to the
September 15, 2025, prohibition on disposal of TCE to industrial pre-
treatment, industrial treatment, or publicly owned treatment works
(Ref. 1). In particular, this restriction would have adverse effects on
processors and users of TCE that were permitted to continue their
activities beyond the prohibition date, yet the disposal prohibition
would result in the unanticipated cessation of such activities and the
manufacture of other essential chemistries, described in more detail in
this unit (Refs. 16 and 17).
More specifically EPA's 2024 final rule promulgated a prohibition,
beginning December 18, 2026, on processing TCE as a reactant/
intermediate, and the industrial and commercial use of TCE as a
processing aid (and processing for such use) in: process solvent used
in battery manufacture; process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; extraction
solvent used in caprolactam manufacture; precipitant used in beta-
cyclodextrin manufacture (hereinafter referred to as ``chemical
processors''). In the preamble to the 2024 final rule, EPA explained
that the processing as a reactant/intermediate condition of use
includes reuse of byproduct or residual TCE as a reactant. The reuse of
TCE that was manufactured as a byproduct frequently occurs in the
production of other chlorinated solvents, namely methylene chloride,
perchloroethylene (PCE), and carbon tetrachloride (CTC) (Refs. 1, 16,
and 17).
In May 2025, EPA was made aware of concerns regarding the impact of
the prohibition of disposal of TCE to wastewater for those chemical
processors (Ref. 16). Namely, chemical processors of TCE, who also
process other chlorinated organics such as methylene chloride, PCE, and
CTC), reuse TCE that is unintentionally present as a byproduct in their
feedstock streams as a reactant/intermediate in further manufacturing
of such chemicals. The manufacturers of these other chlorinated
solvents provided new information explaining that wastewater from these
processes contains TCE, and cannot be disposed of using an alternative
disposal method (e.g.,
[[Page 44778]]
landfill) (Refs. 16 and 17). If these manufacturers are not permitted
to dispose of TCE wastewater to industrial treatment or pre-treatment
(as a necessary pre-cursor to surface water disposal as regulated by
Clean Water Act permits), the manufacture of these other chlorinated
solvents may cease or be significantly disrupted if they have no method
for disposal (Refs 16 and 17). Such wastewater discharges are regulated
under existing wastewater discharge permits and have limits for
volatile organic compounds such as TCE. More specifically, EPA has been
informed that chemical processors with feedstock and waste streams that
contain TCE need to dispose of millions of gallons of wastewater per
year, a volume that any other form of disposal other than wastewater
discharge (such as incineration) does not have the capacity to handle
(Refs. 16 and 17). If these chemical processors were not able to
dispose of TCE to wastewater, the cost would be so great it could cause
company closures (Ref. 17).
Given this new information, EPA understands that chemical
processors need to dispose of wastewater containing TCE in order to
continue operations (Refs. 16 and 17). TCE is present as an
unintentional byproduct of many important industrial solvents--
including methylene chloride, perchloroethylene, carbon tetrachloride,
and 1,2-dichloroethane, simply due to the nature of how chlorinated
organics gain and lose chlorine atoms (Refs. 16 and 17). Due to this,
the ability to dispose of TCE to wastewater is critical not only for
the processing of TCE, but for the processing of these various other
solvents (Refs. 16 and 17). EPA has published other section 6 TSCA
rules for other chlorinated solvents, namely methylene chloride, PCE,
and CTC (Refs. 18, 19, and 20). In these rules, EPA has determined the
necessity of allowing certain uses of those chemicals to continue to
meet various critical needs (Refs. 18, 19, and 20). In order to fulfill
the intent of those TSCA section 6(a) regulations, this interim final
rule for TCE amends the 2024 final rule as to not inadvertently shut
down the chemical manufacturing and processing for methylene chloride,
PCE, and CTC.
Moreover, in the 2024 final rule, EPA permitted several other users
with extended compliance timeframes to continue to dispose of TCE to
for the timeframe of the phase-out. At the time, EPA was not aware of
the need for chemical processors to continue to dispose of TCE to to
industrial treatment or pre-treatment. This rule merely aligns the
disposal options for these ongoing uses with other proessing aid uses
with extended phase-outs.
EPA expects that owners and operators that will be permitted to
continue to dispose of TCE-containing wastewater to industrial
treatment or pre-treatment under this rule will already be complying
with the workplace chemical protection program (WCPP) at 40 CFR
751.315. Uses that were permitted to continue beyond one year,
including chemical processors, were required to complete initial
monitoring by June 16, 2025, and ensure that TCE inhalation exposures
do not exceed the interim ECEL for all potentially exposed persons by
September 15, 2025. Based on the new information received, chemical
processors are not sending the TCE-containing wastewater to POTWs, and
therefore, EPA believes that the industrial treatment or pre-treatment
is occuring at the same workplace already complying with the WCPP. To
avoid unnecessary and potentially duplicative workplace protections,
EPA is not extending the workplace requirements for wastewater to
chemical processors and clarifying that the workplace requirements for
chemical processors are sufficient for the remaining, short duration of
those uses (i.e., until December 2026) and therefore adding an
exclusion to 40 CFR 751.315(a)(15) to make this point clear.
3. Downstream Notification
As a result of the new compliance date for industrial and
commercial use of TCE as a processing aid in the manufacture of nuclear
fuel, EPA needs to amend the downstream notification requirements of
the 2024 final rule to reflect accurately the restrictions on TCE.
Accurate downstream notification is necessary to spread awareness
throughout the supply chain of the restrictions on use of TCE under
TSCA, as well as provide information to commercial end users about
allowable uses of TCE until the prohibition compliance dates. EPA
recognizes that the 2024 final rule compliance deadline for updating
the SDS of June 16, 2025, has already passed and as such,
manufacturers, processors, and distributors in commerce of TCE would
need to update or amend their SDS shortly after doing so already. EPA
finds that 90 days is a practicable time to update the SDS for
manufacturers, processors, and distributors in commerce of TCE.
D. Specific Regulatory Revisions
1. TCE as a Processing Aid in the Manufacture of Nuclear Fuel
EPA is amending the prohibition compliance date for the industrial
and commercial use of TCE in other miscellaneous industrial and
commercial uses, specifically for the use of TCE as a processing aid in
the manufacture of nuclear fuel to September 15, 2028. EPA is extending
the prohibition compliance date for the industrial and commercial use
of TCE as a processing aid in the manufacture of nuclear fuel, and the
manufacturing, processing, and distribution in commerce of TCE to
support such use, with full compliance with the prohibition to be
required on September 15, 2028, three years from the 2024 final rule's
compliance date of September 15, 2025.
2. Disposal of TCE to Wastewater by Chemical Processors
EPA is also amending the compliance deadline for the prohibition on
disposal of TCE to wastewater from September 15, 2025, to December 18,
2026, for processors of TCE as a reactant/intermediate and processors
and industrial and commercial users of TCE as a processing aid (and
processing for such use) in: process solvent used in battery
manufacture; process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; extraction
solvent used in caprolactam manufacture; precipitant used in beta-
cyclodextrin manufacture; except for certain uses. This compliance date
aligns with the December 18, 2026, prohibition on processing TCE and
with the prohibition on the processing and industrial and commercial
use of TCE as a processing aid for those uses.
3. Downstream Notification
EPA is amending the downstream notification requirements to allow
for 90 days from the publication of this rule in the Federal Register
for manufacturers, processors, and distributors in commerce of TCE
amend their SDS to reflect this new use's prohibition compliance
deadline for the industrial and commercial use of TCE in nuclear fuel
manufacturing.
III. Rulemaking Procedures
As noted in section I.B. of this preamble, EPA's authority for the
rulemaking procedures followed in this action is provided by APA at 5
U.S.C. 553(b)(B), which allows an agency to forgo notice-and-comment
requirements ``when the agency for good cause finds
[[Page 44779]]
(and incorporates the finding and a brief statement of reasons therefor
in the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.''
EPA finds good cause to issue this notice without prior notice and
comment because such procedures are impracticable. Specifically, there
is insufficient time before the September 15, 2025, compliance dates to
address the new information submitted by petitioners on compliance
difficulties absent immediate action. It is urgent to address these
compliance difficulties because of the expected negative consequences.
Although the information available to EPA at the time of rulemaking
indicated that the manufacture of nuclear fuel either did not involve
TCE or did not require an extended compliance deadline to avoid
disruption to national security and critical infrastructure, EPA
subsequently received information indicating additional time was needed
for compliance. Specifically, information provided in the June 19,
2025, petition submitted by BWXT, as discussed in detail in section
II.C.1. Similarly, information available to EPA at the time of
rulemaking indicated ACC petitioners could meet certain deadlines
regarding the disposal of wastewater in the 2024 final rule without
disrupting critical infrastructure and the national economy. However,
subsequent information provided in the May 27, 2025, petition submitted
by ACC, as discussed in detail in section II.C.2, informed EPA of
significant compliance issues that could result in the shutting down of
chemical processors and manufacturers for multiple chlorinated organics
to reach compliance. The information provided by the petitioners
supports the need for extending the compliance dates.
Because the September 15, 2025, compliance deadlines for both
petitioners are imminent, EPA has determined that it would be
impracticable to undertake prior notice and comment before the
compliance deadlines to provide petitioners sufficient time to comply
without adverse consequences to national security and the manufacture
of multiple chlorinated organics. Under these circumstances, refraining
from amending the compliance deadlines before they go into effect would
mean meaningful compliance by petitioners would not be possible by the
existing deadline. Further, this would needlessly jeopardize EPA's
ability to work with petitioners to achieve the long-term protective
outcomes in the 2024 final rule.
EPA is making this rule effective immediately as a rule which
``grants or recognizes an exemption or relieves a restriction'' under
the APA at 5 U.S.C. 553(d)(1). This action relieves restrictions by
extending several of the 2024 final rule's compliance deadlines.
IV. Requests for Comment
As explained above, EPA finds good cause to take this interim final
action without prior notice or opportunity for public comment. However,
EPA is providing an opportunity for comment on the extension of the
compliance dates and requests comment on the revisions described in
this rule. EPA will review and respond to any comments received,
including by making changes to this action, if appropriate. EPA is not
reopening for comment any provisions of the 2024 final rule other than
the specific provisions that are expressly amended in this interim
final rule.
A. TCE as a Processing Aid in the Manufacture of Nuclear Fuel
As a result of the information from stakeholders and Federal
Agencies, EPA is amending the compliance dates applicable to industrial
and commercial use of TCE as a processing aid in the manufacture of
nuclear fuel. Under this interim final rule, the prohibition for users
of TCE in industrial and commercial use for the manufacture of nuclear
fuel, and the upstream manufacturing, processing, and distribution to
support such use, would be extended by three years. Manufacturers of
nuclear fuel would have until September 15, 2028, to comply with the
prohibition on TCE use. In EPA's view, this newly finalized compliance
date will prevent an emergency in national security and critical
infrastructure, and represents a reasonable transition period under
TSCA section 6(d).
EPA requests comments and specific information addressing:
The ability of TRISO nuclear fuel manufacturers to comply
with the phaseout timeframe in this interim final rule.
Alternative compliance timeframes for manufacturers of
nuclear fuel to comply with a prohibition on TCE that are as soon as
practicable and provide a reasonable transition period.
Information related to use of TCE in the manufacture of
nuclear fuel, that may not have been previously available to EPA during
risk management and should now be considered.
The number of potentially exposed persons who operate in
various facilities that manufacture nuclear fuel and the worker
protections in place at such facilities.
Information related to use of TCE that may not have been
previously available to EPA during risk management and should now be
considered.
B. Disposal of TCE to Wastewater by Chemical Processors
As a result of the information from stakeholders, EPA is delaying
the compliance with the prohibition of disposal of TCE to wastewater
for chemical processors until December 2026. EPA requests comments and
specific information addressing:
Information related to disposal of TCE that may not have
been previously available to EPA during risk management and should now
be considered.
The ability of chemical processors to comply with the
Workplace Chemical Protection Program for disposal of TCE to wastewater
until prohibition.
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.
1. EPA. Trichloroethylene; Regulation under the Toxic Substances
Control Act; Final Rule. RIN 2070-AK83. Federal Register (89 FR
102568, December 17, 2024) (FRL-8317-02-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-12-17/pdf/2024-29274.pdf.
2. Howard B. Markle II. BWXT--Nuclear Operations Group Inc (BWXT).
BWX Technologies, Inc.--Nuclear Operations Group (BWXT NOG)
Exemption Request to 40 CFR 751 Subpart D. June 19, 2025.
3. EPA. BWX Technologies Inc Meeting Memo. July 15, 2025.
4. Howard B. Markle II. BWXT--Nuclear Operations Group Inc (BWXT).
Additional Information supporting BWX Technologies, Inc.--Nuclear
Operations Group (BWXT NOG) Exemption Request to 40 CFR 751 Subpart
D. August 6, 2025.
5. EPA. Department of Energy Meeting Memo. July 16, 2025.
6. EPA. Nuclear Regulatory Commission Meeting Memo. July 29, 2025.
7. EPA. Department of Defense Meeting Memo. August 4, 2025.
[[Page 44780]]
8. Department of Defense, Office of the Under Secretary of Defense,
Research and Engineering. Project Pele Mobile Nuclear Reactor.
Accessed July 15, 2025. https://www.cto.mil/pele_eis/.
9. BWXT. Project Pele Begins Taking Shape with Start of Core
Manufacturing. Accessed July 15, 2025. https://www.bwxt.com/project-pele-begins-taking-shape-with-start-of-core-manufacturing/.
10. Jeff Waksman. Project Pele Overview Mobile Nuclear Power For
Future DoD Need, Slides Supporting Presentation Materials for May
2022. Accessed July 15, 2025. https://www.nrc.gov/docs/ML2212/ML22126A059.pdf.
11. Executive Order 14299. Deploying Advanced Nuclear Reactor
Technologies for National Security. Federal Register (90 FR 22581,
May 29, 2025). https://www.govinfo.gov/content/pkg/FR-2025-05-29/pdf/2025-09796.pdf.
12. Executive Order 14300. Ordering the Reform of the Nuclear
Regulatory Commission. Federal Register (90 FR 22587, May 29, 2025).
https://www.govinfo.gov/content/pkg/FR-2025-05-29/pdf/2025-09798.pdf.
13. Executive Order 14301. Reforming Nuclear Reactor Testing at the
Department of Energy. Federal Register (90 FR 22591, May 29, 2025).
https://www.govinfo.gov/content/pkg/FR-2025-05-29/pdf/2025-09799.pdf.
14. Executive Order 14302. Reinvigorating the Nuclear Industrial
Base. Federal Register (90 FR 22595, May 29, 2025). https://www.govinfo.gov/content/pkg/FR-2025-05-29/pdf/2025-09801.pdf.
15. Nuclear Regulatory Commission. BWXT Materials License SNM-0042,
Renewed 2007. March 29, 2007. Accessed August 8, 2025. https://www.nrc.gov/docs/ML0813/ML081330687.pdf.
16. Robert Simon. American Chemistry Council's Petition for
Rulemaking to Reconsider Provisions of the Trichloroethylene TSCA
Risk Management Rule, 89 FR 102568 (Dec. 17, 2024). May 27, 2025.
https://www.epa.gov/system/files/documents/2025-06/sec.-21-petition-acc-reconsider-tce-rm-rule-25-04529-ao-ex-1.pdf.
17. EPA. American Chemistry Council Meeting Memo. July 23, 2025.
18. EPA. Methylene Chloride; Regulation under the Toxic Substances
Control Act; Final Rule. RIN 2070-AK70. Federal Register (89 FR
39254, May 8, 2024) (FRL-8155-01-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-05-08/pdf/2024-09606.pdf.
19. EPA. Perchloroethylene: Regulation under the Toxic Substances
Control Act; Final Rule. RIN 2070-AK84. Federal Register (88 FR
39652. June 16, 2023) (FRL-8329-02-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-12-18/pdf/2024-30117.pdf.
20. EPA. Carbon Tetrachloride: Regulation under the Toxic Substances
Control Act; Final Rule. RIN 2070-AK82. Federal Register (88 FR
49180. July 28, 2023) (FRL-8206-01-OCSPP). https://www.govinfo.gov/content/pkg/FR-2024-12-18/pdf/2024-29517.pdf.
21. EPA. Trichloroethylene (TCE); Regulation Under the Toxic
Substances Control Act (TSCA); Proposed Rule. RIN 2070-AK83. Federal
Register (88 FR 74712, October 31, 2023) (FRL-8317-01-OCSPP).
https://www.govinfo.gov/content/pkg/FR-2023-10-31/pdf/2023-23010.pdf.
22. United States Nuclear Regulatory Commission. TRISO-X. Accessed
August 8, 2025. https://www.nrc.gov/info-finder/fc/triso-x.html.
23. United States Nuclear Regulatory Commission. FRAMATOME. Accessed
August 8, 2025. https://www.nrc.gov/info-finder/fc/areva-np-lc.html.
24. EPA. Economic Analysis of the Regulation of Trichloroethylene
Under TSCA Section 6(a) Amendment to the 2024 Final Rule--Interim
Final Rule. September 10, 2025.
VI. 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 a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review under Executive
Orders 12866 and 13563 (76 FR 3821, January 21, 2011). Any changes made
in response to OMB recommendations have been documented in the docket.
In addition, EPA prepared an economic analysis of the potential costs
and benefits associated with this action (Ref. 24). This analysis is
also available in the docket.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is an Executive Order 14192 deregulatory action. This
interim final rule provides burden reduction by providing relief
against existing compliance deadlines.
C. Paperwork Reduction Act (PRA)
The information collection activities in this interim final rule
have been submitted for approval to OMB under the PRA, 44 U.S.C. 3501
et seq. The underlying requirements are approved under OMB control
number 2070-0232. However, EPA has submitted a request for additional
approval to OMB under PRA because the interim final rule alters the
language of a required language of a disclosure statement that is
covered by the currently approved collection of information. The
Information Collection Request (ICR) document that the EPA prepared has
been assigned EPA ICR number 2775.03. You can find a copy of the ICR in
the docket for this rule, and it is briefly summarized here. The
information collection requirements are not enforceable until OMB
approves them.
The provision that may increase burden under the PRA is downstream
notification, which is required to be carried out by updates to the
relevant SDS and required for manufacturers, processors, and
distributors in commerce of TCE for the industrial and commercial use
of TCE in nuclear fuel manufacturing, who would provide notice to
companies downstream upon shipment of TCE about the prohibitions. The
information submitted to downstream companies through the SDS would
provide knowledge and awareness of the restrictions to these companies.
Respondents/affected entities: Persons that manufacture (including
import), process, and distribute in commerce products containing TCE.
Respondent's obligation to respond: Mandatory. 15 U.S.C. 2605(a)
and 40 CFR part 751.
Estimated number of respondents: 11.
Frequency of response: Once.
Total estimated burden: 7.3 hours (per year). Burden is defined at
5 CFR 1320.3(b).
Total estimated cost: $744, (per year), includes $0 annualized
capital or operation & maintenance costs.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this interim final rule.
D. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the Administrative Procedure Act (APA), 5 U.S.C.
553, or any other statute. This rule is not subject to notice and
comment requirements because the Agency has invoked the APA ``good
cause'' exemption under 5 U.S.C. 553(b). Regardless, EPA's analysis
concludes that only 5 entities affected by this action meet the SBA
definition of a small entity and none of these affected entities would
have cost impacts exceeding 1% of their revenues.
[[Page 44781]]
Therefore this action will not have a significant economic impact on a
substantial number of small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million
(in 1995 dollars and adjusted annually for inflation) or more 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) in
any one year.
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
This action is not a ``covered regulatory action'' under Executive
Order 13045 (62 FR 19885, April 23, 1997) 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.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. Further, we have concluded that this action is not
likely to have any adverse energy effects because it will avert
substantial, negative near-term consequences for national security and
critical infrastructure, including for the supply of energy, in
particular by allowing for continuity of operations with respect to the
manufacture of TRISO nuclear fuel.
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.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et 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).
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, 40 CFR part 751 is
amended as follows:
PART 751--REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES
UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT
0
1. The authority citation for part 751 continues to read as follows:
Authority: 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).
0
2. Amend Sec. 751.305 by:
0
a. Revising paragraph (b)(9); and
0
b. Adding paragraph (b)(27).
The revisions and additions read as follows:
Sec. 751.305 Prohibitions of manufacturing, processing, distribution
in commerce, use and disposal.
* * * * *
(b) * * *
(9) After December 18, 2026, except for those uses specified in
paragraphs (b)(14), (23), (24), and (27) of this section, all persons
are prohibited from:
(i) Processing TCE as a reactant/intermediate, except for the use
as specified in paragraph (b)(18) of this section;
(ii) Processing for and industrial and commercial use of TCE as a
processing aid in: process solvent used in battery manufacture; process
solvent used in polymer fiber spinning, fluoroelastomer manufacture and
Alcantara manufacture; extraction solvent used in caprolactam
manufacture; precipitant used in beta-cyclodextrin manufacture; and
(iii) The disposal of TCE from the uses specified in (b)(9)(i) and
(ii) of this section to industrial pre-treatment, industrial treatment,
or publicly owned treatment works.
* * * * *
(27) After September 15, 2028, all persons are prohibited from the
industrial and commercial use of TCE as a processing aid in the
manufacture of nuclear fuel, and manufacturing (including importing),
processing, and distribution in commerce of TCE for such use.
0
3. Amend Sec. 751.313 by:
0
a. Revising paragraph (e); and
0
b. Adding paragraph (h)
The revisions and additions read as follows:
Sec. 751.313 Phase-out of disposal of TCE to industrial pre-
treatment, treatment, or publicly owned treatment works.
* * * * *
(e) The owner or operator of the location where disposal of TCE to
industrial pre-treatment, treatment, or to a publicly owned treatment
works occurs must comply with the Workplace Chemical Protection Program
provisions in Sec. 751.315, except for the disposal permitted in Sec.
751.305(b)(9).
* * * * *
(h) Except for those uses specified in paragraphs (b), (c), and (d)
of this section, all persons engaged in the uses specified in
paragraphs (h)(i) or (ii) of this section are prohibited from disposal
of TCE to industrial pre-treatment, industrial treatment, or publicly
owned treatment works after December 18, 2026:
(i) Processing TCE as a reactant/intermediate;
(ii) Processing TCE for industrial and commercial use of TCE as a
processing aid, or are the industrial and commercial users of TCE as a
processing aid, in: process solvent used in battery manufacture;
process solvent used in polymer fiber spinning, fluoroelastomer
manufacture and Alcantara manufacture; extraction solvent used in
caprolactam manufacture; precipitant used in beta-cyclodextrin
manufacture.
0
4. Amend Sec. 751.315 by revising paragraph (a)(15) to read as
follows:
Sec. 751.315 Workplace chemical protection program.
* * * * *
[[Page 44782]]
(a) * * *
(15) Disposal of TCE to industrial pre-treatment, industrial
treatment, or publicly owned treatment works, except for the disposal
permitted in Sec. 751.305(b)(9) and to the extent that the activity is
covered by the workplace protections in Sec. 751.319.
* * * * *
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5. Revise and republish Sec. 751.321 to read as follows:
Sec. 751.321 Downstream notification.
(a) After February 18, 2025, and before December 16, 2025, each
person who manufactures (including imports) TCE for any use must, prior
to or concurrent with the shipment, notify companies to whom TCE is
shipped, in writing, of the restrictions described in this subpart in
accordance with paragraph (c) of this section.
(b) After June 16, 2025, and before December 16, 2025, each person
who processes or distributes in commerce TCE or any TCE-containing
products for any use must, prior to or concurrent with the shipment,
notify companies to whom TCE is shipped, in writing, of the
restrictions described in this subpart in accordance with paragraph (c)
of this section.
(c) The notification required under paragraphs (a) and (b) of this
section must occur by inserting the following text in section 1(c) and
15 of the Safety Data Sheet (SDS) provided with the TCE or with any
TCE-containing product:
``After June 16, 2025, this chemical/product is and can only be
domestically manufactured, imported, processed, or distributed in
commerce for the following purposes until the following prohibitions
take effect: (1) Processing as an intermediate (a) for the manufacture
of HFC-134a until June 18, 2033, and (b) for all other processing as a
reactant/intermediate until December 18, 2026; (2) Industrial and
commercial use as a solvent for open-top batch vapor degreasing until
December 18, 2025; (3) Industrial and commercial use as a solvent for
closed-loop batch vapor degreasing until December 18, 2025, except for
industrial and commercial use in batch vapor degreasing for land-based
DOD defense systems by Federal agencies and their contractors until
December 18, 2029, and except for industrial and commercial use as a
solvent for closed-loop batch vapor degreasing necessary for rocket
engine cleaning by Federal agencies and their contractors until
December 18, 2031, and except for industrial and commercial use of TCE
in closed-loop and open-top batch vapor degreasing for essential
aerospace parts and components and narrow tubing used in medical
devices until December 18, 2031, and except for industrial and
commercial use as a solvent for closed-loop batch vapor degreasing for
rayon fabric scouring for end use in rocket booster nozzle production
by Federal agencies and their contractors until December 18, 2034; (4)
Industrial and commercial use in processing aid (a) for lithium battery
separator manufacturing until December 18, 2029, and (b) for lead-acid
battery separator manufacturing until December 18, 2044, and (c) for
specialty polymeric microporous sheet material manufacturing until
December 18, 2039, and (d) in process solvent used in battery
manufacture; in process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; in extraction
solvent used in caprolactam manufacture; and in precipitant used in
beta-cyclodextrin manufacture until December 18, 2026; (5) Industrial
and commercial uses for vessels of the Armed Forces and their systems,
and in the maintenance, fabrication, and sustainment for and of such
vessels and systems until December 18, 2034; and (6) Industrial and
commercial use for laboratory use (a) for essential laboratory
activities until December 18, 2074 and (b) for asphalt testing and
recovery using manual centrifuge processes until December 18, 2029 and
for asphalt testing and recovery until December 18, 2034.''
(d) Beginning on December 16, 2025, each person who manufactures
(including imports), processes, or distributes in commerce TCE or any
TCE-containing products must, prior to or concurrent with the shipment,
notify companies to whom TCE is shipped, in writing, of the
restrictions described in this subpart in accordance with paragraph (e)
of this section.
(e) The notification required under paragraph (d) of this section
must occur by inserting the following text in section 1(c) and 15 of
the Safety Data Sheet (SDS) provided with the TCE or with any TCE-
containing product:
``After June 16, 2025, this chemical/product is and can only be
domestically manufactured, imported, processed, or distributed in
commerce for the following purposes until the following prohibitions
take effect: (1) Processing as an intermediate (a) for the manufacture
of HFC-134a until June 18, 2033, and (b) for all other processing as a
reactant/intermediate until December 18, 2026; (2) Industrial and
commercial use as a solvent for open-top batch vapor degreasing until
December 18, 2025; (3) Industrial and commercial use as a solvent for
closed-loop batch vapor degreasing until December 18, 2025, except for
industrial and commercial use in batch vapor degreasing for land-based
DOD defense systems by Federal agencies and their contractors until
December 18, 2029, and except for industrial and commercial use as a
solvent for closed-loop batch vapor degreasing necessary for rocket
engine cleaning by Federal agencies and their contractors until
December 18, 2031, and except for industrial and commercial use of TCE
in closed-loop and open-top batch vapor degreasing for essential
aerospace parts and components and narrow tubing used in medical
devices until December 18, 2031, and except for industrial and
commercial use as a solvent for closed-loop batch vapor degreasing for
rayon fabric scouring for end use in rocket booster nozzle production
by Federal agencies and their contractors until December 18, 2034; (4)
Industrial and commercial use in processing aid (a) for lithium battery
separator manufacturing until December 18, 2029, and (b) for lead-acid
battery separator manufacturing until December 18, 2044, and (c) for
specialty polymeric microporous sheet material manufacturing until
December 18, 2039, and (d) in process solvent used in battery
manufacture; in process solvent used in polymer fiber spinning,
fluoroelastomer manufacture and Alcantara manufacture; in extraction
solvent used in caprolactam manufacture; and in precipitant used in
beta-cyclodextrin manufacture until December 18, 2026; (5) Industrial
and commercial uses for vessels of the Armed Forces and their systems,
and in the maintenance, fabrication, and sustainment for and of such
vessels and systems until December 18, 2034; (6) Industrial and
commercial use for laboratory use (a) for essential laboratory
activities until December 18, 2074 and (b) for asphalt testing and
recovery using manual centrifuge processes until December 18, 2029 and
for asphalt testing and recovery until December 18, 2034; and (7)
Industrial and commercial use as a processing aid in the manufacture of
nuclear fuel until September 15, 2028.''
[FR Doc. 2025-17948 Filed 9-15-25; 4:15 pm]
BILLING CODE 6560-50-P