[Federal Register Volume 91, Number 59 (Friday, March 27, 2026)]
[Proposed Rules]
[Pages 14790-14797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05977]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 59 / Friday, March 27, 2026 /
Proposed Rules
[[Page 14790]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 751
[EPA-HQ-OPPT-2026-0992; FRL-13023-01-OCSPP]
RIN 2070-AL37
Perchloroethylene (PCE) and Carbon Tetrachloride (CTC);
Regulation Under the Toxic Substances Control Act (TSCA); Compliance
Date Extensions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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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: [email protected] and [email protected].
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: [email protected].
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).
[[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).
[[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
[[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
[[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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
[[Page 14795]]
12. 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.
13. 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.
14. EPA. American Chemistry Council Chlorine Panel Meeting Memo.
December 17, 2025.
15. 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.
16. 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
[[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
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. 751.607 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:
Sec. 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).
* * * * *
0
3. Amend Sec. 751.707 by revising paragraphs (b)(1), (b)(2)(ii),
(b)(3)(i), (f)(2)(i), and (f)(2)(iii) to read as follows:
Sec. 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
[[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