The US EPA reopened its TSCA Section 6(a) rule for Perchloroethylene (PCE) on July 30, 2025. The agency is seeking public comment as part of its reconsideration of the rule until August 29, 2025. In addition to the potential changes to the PCE rule, this step furthers EPA’s broader intentions to reconsider recent TSCA rules, including the Risk Evaluation Framework rule, the PFAS reporting rule, and potentially the draft risk determination for DEHP.
Section 6 of TSCA authorizes the US EPA to issue chemical-specific regulations if it determines a chemical poses an unreasonable risk to health or the environment. This includes actions such as prohibiting or limiting the manufacture, processing, distribution, use, and disposal of hazardous chemicals, as well as requiring warning labels, record-keeping, and testing. The Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 significantly strengthened Section 6 by mandating risk evaluations and prioritizing chemicals for assessment.
The US EPA issued the Risk Evaluation Framework Rule in 2017 to outline the process for its risk evaluations under Section 6 (Framework rule). The prior administration issued a significant revision to the Framework rule in 2024, which was immediately challenged. A key aspect of the 2024 revision was the exclusion of PPE considerations when evaluating worker exposure. Earlier this year, the US EPA sought a stay of the litigation while it reconsiders (and likely revises) the Framework rule. Such a revision will likely impact US EPA’s determination(s) under TSCA § 6 of whether chemicals pose an unreasonable risk and, if they do, what restrictions apply. The US EPA has not yet issued a proposed revised Framework rule.
In December 2024, the US EPA finalized the PCE rule under § 6 after finding that PCE presents an unreasonable risk to human health under multiple conditions of use, especially to workers and occupational non-users. The rule prohibits most industrial and commercial uses of PCE, with limited exemptions for critical uses such as in aviation and military applications, and mandates strict workplace controls where use is permitted. In the recent call for public comment, the US EPA specifically raised the selected 8-hour worker exposure limit for PCE and asked whether additional workplace controls (such as PPE) are sufficient to warrant removal of the prohibitions of use for certain occupational settings. This aligns with the current administration’s expected revisions to the Framework rule and how it calculates worker exposures. It also signals that the US EPA may reconsider its ongoing TSCA § 6 risk evaluation for di(2-ethylhexyl) phthalate (DEHP). The US EPA released a draft risk determination for DEHP in June of this year and similarly sought comments specifically on how PPE may limit worker exposure.
These actions further the US EPA’s aligned intention to reduce regulation of certain chemical substances under TSCA § 6. Continued TSCA rule revisions are expected - subscribe here or reach out to Jake Bartlett or your Vorys attorney for more updates and information.