On October 14, 2026, the U.S. Environmental Protection Agency published a proposed rule in the Federal Register, 91 FR 65148 (FR Doc. 2026-20964, RIN 2070-AL45, docket EPA-HQ-OPPT-2026-7327), to amend selected trichloroethylene (TCE) compliance dates under the Toxic Substances Control Act in the United States. US manufacturers and processors of TCE and chlorinated solvents (perchloroethylene, carbon tetrachloride, methylene chloride and 1,2-dichloroethane), US HFC-134a refrigerant manufacturers (Orbia Fluor & Energy Materials), US battery manufacturers using TCE as a processing aid (NAICS 335911), US polymer fiber and fluoroelastomer manufacturers using TCE as a processing aid, and US caprolactam and beta-cyclodextrin manufacturers using TCE as an extraction solvent or precipitant must submit comments on the proposed TCE compliance date extensions by November 13, 2026, and adjust TCE transition planning for the proposed December 31, 2027 deadline, or face non-compliance with the TSCA Section 6 TCE prohibitions once a final rule takes effect: civil penalties under TSCA Section 15, a prohibition on manufacture, processing and distribution of TCE, and facility operation disruptions.
The proposal does not move any date on its own. It would amend 40 CFR 751.305 and 751.313 so processing TCE as a reactant or intermediate, the listed processing-aid uses, and disposal of that TCE to industrial pre-treatment, industrial treatment or publicly owned treatment works run to December 31, 2027 instead of December 18, 2026. It would amend 40 CFR 751.307 so HFC-134a manufacturers (CASRN 811-97-2) that process TCE as an intermediate stay at no more than 75 percent of baseline by December 31, 2027 instead of June 7, 2027. It would amend 40 CFR 751.321 so the safety data sheet and downstream notice match that date, with the new text required 30 days after a final rule is published. The notice is 91 FR 65148. Comments go to docket EPA-HQ-OPPT-2026-7327 on Regulations.gov.
What dates does 91 FR 65148 propose to move?
EPA proposes December 31, 2027 for the reactant, intermediate and listed processing-aid prohibitions and for the matching wastewater ban, and the same day for the first HFC-134a feedstock cut to 75 percent of baseline.
| Provision | Date in force | Date EPA proposes |
|---|---|---|
| 40 CFR 751.305 and 751.313: reactant or intermediate processing, listed processing-aid uses, associated wastewater disposal | December 18, 2026 | December 31, 2027 |
| 40 CFR 751.307: HFC-134a at no more than 75 percent of baseline TCE feedstock | June 7, 2027 | December 31, 2027 |
| 40 CFR 751.321: downstream notification and SDS wording | Tied to the prohibition date | Updated text 30 days after a final rule is published |
The processing-aid uses named are battery manufacture, polymer fiber spinning, fluoroelastomer and Alcantara manufacture, caprolactam extraction, and beta-cyclodextrin precipitation. EPA says byproduct TCE above the regulatory threshold moves by rail between sites while other chlorinated solvents are made, so a December 18, 2026 processing ban would send those streams to incineration. For HFC-134a, EPA cites Orbia information received after the December 17, 2024 final rule (89 FR 102568): AIM Act allowances and critical-infrastructure demand exceed that phase-down and are expected through the early 2030s.
Who must comment, and which TCE dates stay?
The companies with a comment and a planning task are manufacturers and processors of TCE and of those four chlorinated solvents, HFC-134a manufacturers, battery manufacturers in NAICS 335911, polymer fiber and fluoroelastomer manufacturers, and caprolactam and beta-cyclodextrin manufacturers.
Left in place: the June 16, 2025 general prohibition on processing and distribution (40 CFR 751.305(b)(2)), the site-limited enclosed byproduct exclusion in 40 CFR 751.301(c), and the September 15, 2028 nuclear-fuel processing-aid date from the 2025 interim final rule. Workplace controls sit in a separate reconsideration, RIN 2070-AL41.
What should those companies do by November 13, 2026?
Comments must be received on or before November 13, 2026, on docket EPA-HQ-OPPT-2026-7327. Do not file confidential business information electronically.
- Comment on whether December 31, 2027 works for reactant or intermediate processing, the named processing-aid uses, and the wastewater ban.
- Comment on the 75 percent HFC-134a feedstock step with the AIM Act allowance and demand figures the company holds.
- List sites that still ship byproduct TCE off site, and which streams would need incineration if December 18, 2026 stands.
- Keep December 18, 2026 and June 7, 2027 on the calendar until a final rule amends 40 CFR 751.305, 751.307 and 751.313.
- Draft the SDS and downstream notice so it can issue within 30 days after a final rule, under proposed 40 CFR 751.321.
What applies if EPA does not finalize the extensions?
Until a final rule is published, December 18, 2026 still governs the processing, processing-aid and wastewater prohibitions this notice would move, and June 7, 2027 still governs the 75 percent HFC-134a step. EPA says the December 18, 2026 prohibition would bar off-site processing of byproduct TCE and the wastewater route. If a final extension takes effect and December 31, 2027 is missed, the result is non-compliance with the TSCA Section 6 prohibitions: TSCA Section 15 civil penalties, a bar on manufacture, processing and distribution, and disruption tied to incineration permits.
Before November 13, 2026, confirm which entities are in scope, file if December 31, 2027 would change a live plan, and brief operations, legal and product stewardship on the dates in force and the dates that exist only if EPA finalizes 91 FR 65148. Obsidian tracks the proposal and any later final rule as separate events.
