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Environmental Protection Agency (EPA).
Proposed rule.
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.
Comments must be received on or before April 27, 2026.
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 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: PCE.TSCA@epa.gov and CarbonTetrachlorideTSCA@epa.gov.
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: TSCA-Hotline@epa.gov.
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:
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).
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.
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.
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.
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.
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.
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 ( printed 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.
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.
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.
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:
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 ( printed 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.
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.
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. ( printed 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.
Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
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).
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.
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.
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.
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.
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.
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.
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 ( printed 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).
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.
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.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA proposes to amend 40 CFR part 751 as follows:
1. The authority citation for part 751 continues to read as follows:
2. Amend § 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:
(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).
3. Amend § 751.707 by revising paragraphs (b)(1), (b)(2)(ii), (b)(3)(i), (f)(2)(i), and (f)(2)(iii) to read as follows:
(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 ( printed 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
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