Extension of Postponement of Effectiveness for Certain Provisions of Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA)

• Citation: 91 FR 24133
• Published date: 05 May 2026
• FR Document: 2026-08750
• Pages: 24133-24135
• Section: Rules and Regulations
• Issuer: Environmental Protection Agency

24133

Federal Register / Vol. 91, No. 86 / Tuesday, May 5, 2026 / Rules and Regulations

T

ABLE

2

TO

§ 165.941—Continued

[Marine Safety Unit Toledo]

Event Marine Safety Unit Toledo safety zones Date

(14) Put-In-Bay Chamber of

Commerce Fireworks Put-

In-Bay, OH.

All waters of Lake Erie within a 350-yard radius of the fireworks launch site located

in Put-In-Bay Harbor at position 41°39.3′ N, 082°49.0′ W. Two separate evenings be-

tween June 15 and June

31, and two separate

evenings between Sep-

tember 1 and September

15.

(15) Bay Point Fireworks

Display Marblehead, OH. All waters of Lake Erie within a 250-yard radius of the fireworks launch site located

on shore in the vicinity of Bay Point, Marblehead, OH, at position 41°30.3′ N,

082°43.1′ W.

One evening between June

15 and July 15.

(16) LAZ Trommler Fire-

works Marblehead, OH. All waters of the Sandusky Bay within a 500 foot radius of the fireworks launch site

located at position 41°30′16″ N, 083°48′08″ W. One evening between June

15 and July 15.

(17) Downtown Sandusky

Fireworks Sandusky, OH. All waters of the Sandusky Bay within a 280-foot radius of the fireworks launch site

located at position 41°27′32.74″ N, 082°42′ 52.02″ W. One evening between De-

cember 31 and January

1.

Dated: February 13, 2026.

Richard P. Armstrong,

Captain, U.S. Coast Guard, Captain of the

Port Detroit.

[FR Doc. 2026–08705 Filed 5–4–26; 8:45 am]

BILLING CODE 9110–04–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 751

[EPA–HQ–OPPT–2020–0642; FRL–8317.1–

07–OCSPP]

RIN 2070–AK83

Extension of Postponement of

Effectiveness for Certain Provisions of

Trichloroethylene (TCE); Regulation

Under the Toxic Substances Control

Act (TSCA)

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Notification; extension of

postponement of effectiveness.

SUMMARY

: The Environmental Protection

Agency (EPA or Agency) is extending

the postponement of the effectiveness of

certain regulatory provisions of the final

rule entitled ‘‘Trichloroethylene (TCE);

Regulation Under the Toxic Substances

Control Act (TSCA)’’ until the

conclusion of judicial review.

Specifically, this postponement applies

to the conditions imposed on the uses

with TSCA section 6(g) exemptions.

DATES

: As of May 18, 2026, the

conditions imposed on each of the

TSCA section 6(g) exemptions, as

described in this document, in the final

rule published on December 17, 2024, at

89 FR 102568 are postponed until the

conclusion of judicial review.

ADDRESSES

: The docket for this action,

identified by docket identification (ID)

number EPA–HQ–OPPT–2020–0642, is

available online at https://

www.regulations.gov. Additional

information about dockets generally,

along with instructions for visiting the

docket in-person, is available at https://

www.epa.gov/.

FOR FURTHER INFORMATION CONTACT

:

For technical information contact:

Gabriela Rossner, Existing Chemicals

Risk Management Division, Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 1200

Pennsylvania Ave. NW, Washington, DC

20460–0001; telephone number: (202)

565–2426; email address: TCE.TSCA@

epa.gov.

For general information: 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.

SUPPLEMENTARY INFORMATION

:

I. Background

On December 17, 2024, EPA issued a

final risk-management rule under TSCA

section 6(a) prohibiting all uses of

trichloroethylene (TCE), most of which

would be prohibited within one year,

including TCE manufacture and

processing for most commercial and all

consumer products. (89 FR 102568,

December 17, 2024) (FRL–8317–02–

OCSPP). The final rule included

extended phaseouts or TSCA section

6(g) exemptions to permit several uses

to continue under workplace

restrictions for longer periods.

The final rule was originally

scheduled to become effective on

January 16, 2025. EPA received

petitions for an administrative stay of

the effective date on behalf of

Microporous, LLC (Microporous), which

also separately sought partial

reconsideration of the final rule, and the

Alliance for a Strong U.S. Battery Sector

(Alliance) on January 10, 2025. EPA

denied these requests on January 15,

2025. Microporous and Alliance

submitted renewed petitions to the

Agency to stay the effective date of the

rule, or, in the alternative, for an

administrative stay of the final rule’s

workplace conditions for battery

separator manufacturers, on January 20,

2025. PPG Industries, Inc. (PPG) also

submitted a request for an

administrative stay on January 21, 2025.

EPA also received thirteen petitions

for review of the final rule in various

circuits of the U.S. Courts of Appeals.

On January 13, 2025, petitioners

Microporous and Alliance filed

emergency motions for stay in the U.S.

Court of Appeals for the Fifth and Sixth

Circuits of the final rule’s effective date

and workplace conditions for battery-

separator manufacturers, as well as a

temporary administrative stay of the

final rule pending consideration of the

emergency stay motion. The same day,

the Fifth Circuit granted the motion for

a temporary administrative stay of the

final rule’s effective date while the court

considered the emergency stay motion.

Shortly thereafter, the petitions for

review were consolidated in the U.S.

Court of Appeals for the Third Circuit

as USW v. U.S. EPA, Case No. 25–1055.

On January 16, 2025, the Third Circuit

issued an order leaving the temporary

administrative stay of the effective date

of the final rule in place pending

briefing on whether the temporary stay

should be lifted or converted to a

permanent stay. On January 21, 2025,

petitioner PPG filed a new stay motion

with the court, and Alliance and

Microporous refiled their existing

motions to stay the effective date. On

January 24, 2025, EPA filed a motion

requesting that the court extend all

deadlines in the case for 60 days,

VerDate Sep<11>2014 16:16 May 04, 2026 Jkt 268001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1

khammond on DSK9W7S144PROD with RULES

24134

Federal Register / Vol. 91, No. 86 / Tuesday, May 5, 2026 / Rules and Regulations

including with respect to further stay

briefing, which the court granted.

EPA temporarily delayed the effective

date of the final rule until March 21,

2025. (90 FR 8254, January 28, 2025)

(FRL–12583–01–OA). Although the final

rule had yet to go into effect, it was

incorporated into the Code of Federal

Regulations (CFR) on January 16, 2025.

See 40 CFR part 751, subpart D.

On March 21, 2025, EPA signed a

notice pursuant to section 705 of the

Administrative Procedure Act (APA), 5

U.S.C. 705, further postponing the

effective date of the provisions

applicable to the conditions of use

subject to TSCA section 6(g) exemptions

until June 20, 2025. Postponement of

Effectiveness for Certain Provisions of

Trichloroethylene (TCE); Regulation

under the Toxic Substances Control Act

(TSCA), 90 FR 14415, April 2, 2025

(FRL–8317.1–01–OCSPP) (‘‘Initial

Notice’’). In that notice, EPA explained

that Petitioners Alliance, Microporous,

and PPG (‘‘Industry Petitioners’’) raised

serious questions regarding the

Workplace Chemical Protection Program

that warranted a delay of the effective

date of those provisions.

On March 28, 2025, the U.S. Court of

Appeals for the Third Circuit lifted the

administrative stay except as to the

provisions that are subject to EPA’s

Initial Notice. The court also ordered

EPA to file any response to the pending

stay motions by May 27, 2025. On May

27, 2025, the Agency filed a response to

Industry Petitioners’ motions for stay

stating it did not oppose a judicial stay

of the provisions subject to EPA’s Initial

Notice for the same reasons EPA

requested an abeyance. Industry

Petitioners later replied in support of

their stay motions. Also on May 27,

2025, EPA moved to hold the case in

abeyance because it intends to

reconsider the final rule, including

provisions subject to EPA’s Initial

Notice, through notice-and-comment

rulemaking. Industry Petitioners later

responded that they would prefer the

court decide the stay motions before

deciding EPA’s abeyance motion;

otherwise, they would oppose the

abeyance. International Union, United

Automobile, Aerospace and Agricultural

Implement Workers of America; United

Steel, Paper, and Forestry, Rubber

Manufacturing, Energy, Allied

Industrial Workers International Union;

Center for Environmental Health; and

Environmental Defense Fund

(‘‘Environmental and Labor

Petitioners’’) later opposed EPA’s

motion for abeyance. On June 18, 2025,

EPA replied in support of its abeyance

motion that the majority of petitioners

did not oppose EPA’s request.

One day earlier, on June 17, 2025,

EPA signed a notice pursuant to section

705 of the APA, 5 U.S.C. 705, further

postponing the effective date of the

provisions applicable to the conditions

of use subject to TSCA section 6(g)

exemptions until August 19, 2025.

Extension of Postponement of

Effectiveness for Certain Provisions of

Trichloroethylene (TCE); Regulation

Under the Toxic Substances Control Act

(TSCA), 90 FR 26453, June 23, 2025

(FRL–8317.1–03–OCSPP) (‘‘Second

Notice’’). Both Environmental and Labor

Petitioners and EPA notified the court of

this postponement. Industry and

Environmental and Labor Petitioners

reiterated their prior positions in

response to those filings.

On August 16, 2025, with judicial

proceedings ongoing, EPA signed a

notice pursuant to section 705 of the

APA, 5 U.S.C. 705, further postponing

the effective date of the provisions

applicable to the conditions of use

subject to TSCA section 6(g) exemptions

until November 17, 2025. Extension of

Postponement of Effectiveness for

Certain Provisions of Trichloroethylene

(TCE); Regulation Under the Toxic

Substances Control Act (TSCA), 90 FR

40534, August 20, 2025 (FRL–8317.1–

04–OCSPP) (‘‘Third Notice’’). In

September 2025, EPA notified the court

that it had taken interim final action to

revise certain compliance deadlines

finalized in the challenged rule.

On November 7, 2025, the court

requested supplemental letter briefs

from the parties asking about ripeness,

hardship, and the scope of the stay

motions in light of EPA’s stated

intention to reconsider and modify the

December 2024 TCE Rule and multiple

postponements of the Rule’s effective

date.

On November 10, 2025, EPA signed a

notice pursuant to section 705 of the

APA, 5 U.S.C. 705, further postponing

the effective date of the provisions

applicable to the conditions of use

subject to TSCA section 6(g) exemptions

until February 17, 2026. Extension of

Postponement of Effectiveness for

Certain Provisions of Trichloroethylene

(TCE); Regulation Under the Toxic

Substances Control Act (TSCA), 90 FR

51027, November 14, 2025 (FRL–

8317.1–05–OCSPP) (‘‘Fourth Notice’’).

The parties responded to the court’s

request for supplemental letter briefs on

November 20, 2025. On December 23,

2025, EPA requested briefing on an

issue newly raised by Petitioners’

filings. Petitioners opposed EPA’s

request.

On February 11, 2026, the court

dismissed the stay motions filed by the

Industry Petitioners without prejudice

as unripe, denied EPA’s abeyance

motion, lifted the court’s March 28,

2025, partial administrative stay, and

directed the clerk to issue a briefing

schedule for the petitions for review.

On February 12, 2026, EPA signed a

notice pursuant to section 705 of the

APA, 5 U.S.C. 705, further postponing

the effective date of the provisions

applicable to the conditions of use

subject to TSCA section 6(g) exemptions

until May 18, 2026. Extension of

Postponement of Effectiveness for

Certain Provisions of Trichloroethylene

(TCE); Regulation Under the Toxic

Substances Control Act (TSCA), 91 FR

7401, February 18, 2026 (FRL–8317.1–

06–OCSPP) (‘‘Fifth Notice’’).

On March 30, 2026, the several parties

filed a joint motion to establish briefing

format and modify schedule. Industry

parties included Alliance for a Strong

U.S. Battery Sector, Microporous, LLC,

PPG Industries, Inc., American

Chemistry Council, Georgia Chemistry

Council, Texas Chemistry Council,

Missouri Alliance for a Strong U.S.

Battery Sector, Trent Capital Partners,

Ohio Chemistry Technology Council,

Vinyl Institute, Inc., and Olin

Corporation. These industry parties

joined this motion along with EPA and

Environmental Petitioners. The court

issued a modified briefing schedule on

April 13, 2026. Judicial proceedings are

ongoing.

II. Statutory Authority

As discussed in the Initial Notice,

section 705 of the APA authorizes an

agency to postpone the effective date of

an agency action pending judicial

review when the agency finds ‘‘that

justice so requires.’’ 5 U.S.C. 705. Notice

and comment is not required when an

agency delays the effective date of a rule

under APA section 705 because such a

stay pending judicial review is not

substantive rulemaking subject to APA

section 553; it merely maintains the

status quo to allow for judicial review.

See Bauer v. DeVos, 325 F. Supp. 3d 74,

106–07 (D.D.C. 2018); Sierra Club v.

Jackson, 833 F. Supp. 2d 11, 28 (D.D.C.

2012).

III. Postponement of Effective Date

In light of the pending litigation and

for the same reasons as set forth in the

Initial Notice, EPA has determined that

justice requires an extension, until the

conclusion of judicial review, of the

postponement of the effective date of

the conditions for each of the TSCA

section 6(g) exemptions. See 40 CFR

751.325(a)(2). The extension of the

postponement applies, for example, to

the conditions imposed under the TSCA

section 6(g) exemption for the use of

VerDate Sep<11>2014 16:16 May 04, 2026 Jkt 268001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1

khammond on DSK9W7S144PROD with RULES

24135

Federal Register / Vol. 91, No. 86 / Tuesday, May 5, 2026 / Rules and Regulations

TCE as a processing aid for specialty

polymeric microporous sheet material

manufacturing. 40 CFR 751.325(b)(6)(i)

through (iv).

The postponement will temporarily

preserve the status quo while the Third

Circuit litigation is pending. Nothing

has materially changed since the Initial

Notice and the subsequent extensions of

that notice that affects EPA’s analysis of

whether justice requires a stay of these

provisions, except for the procedural

posture of the case. The court dismissed

without prejudice Industry Petitioners’

stay motions, lifted the court’s partial

administrative stay, and directed the

clerk to issue a briefing schedule on the

petitions for review in its February 11,

2026, order. In light of this active and

ongoing judicial review of the 2024 TCE

Final Rule and per the reasons

discussed in the Initial Notice, EPA has

concluded that justice requires

extending the postponement of the

effective date for the conditions

imposed on each of the TSCA section

6(g) exemptions until the judicial

challenges to the 2024 TCE Final Rule

are resolved. EPA intends to publish a

document in a future edition of the

Federal Register announcing the new

effective date or other dates the public

may need to know.

Authority: 5 U.S.C. 705 and 15 U.S.C.

2605(a).

Lee Zeldin,

Administrator.

[FR Doc. 2026–08750 Filed 5–4–26; 8:45 am]

BILLING CODE 6560–50–P

SURFACE TRANSPORTATION BOARD

49 CFR Part 1022

[Docket No. EP 716 (Sub-No. 11)]

Civil Monetary Penalties—2026

Adjustment

AGENCY

: Surface Transportation Board.

ACTION

: Final rule.

SUMMARY

: The Board is revising its

previously issued final rule, which

implemented the annual inflationary

adjustments to the Board’s civil

monetary penalties, to conform to

guidance subsequently received from

the Office of Management and Budget

(OMB). As revised, the final rule reflects

no cost-of-living adjustment for 2026.

DATES

: This final rule is effective May 5,

2026.

FOR FURTHER INFORMATION CONTACT

:

Amanda Gorski at (202) 915–8453. If

you require an accommodation under

the Americans with Disabilities Act,

please call (202) 245–0245.

SUPPLEMENTARY INFORMATION

: The

Federal Civil Penalties Inflation

Adjustment Act Improvements Act of

2015 (2015 Act), enacted as part of the

Bipartisan Budget Act of 2015, Public

Law 114–74, 701, 129 Stat. 584, 599–

601, requires agencies to adjust their

civil penalties for inflation annually,

beginning on July 1, 2016, and no later

than January 15 of every year thereafter.

In accordance with the 2015 Act, annual

inflation adjustments are to be based on

the percent change between the

Consumer Price Index for all Urban

Consumers (CPI–U) for October of the

previous year and the October CPI–U of

the year before that. Penalty level

adjustments should be rounded to the

nearest dollar.

Due to the lapse in Federal

government appropriations from

October 1, 2025, through November 12,

2025, the Bureau of Labor Statistics

(BLS), which is responsible for

production of the CPI–U, did not release

a CPI–U for October 2025. On January

14, 2026, the Board issued a decision

that based its annual inflation

adjustment for 2026 on the percent

change between the CPI–U for

November 2025 and the CPI–U for

November 2024. Civ. Monetary

Penalties—2026 Adjustment (Jan. 2026

Decision), EP 716 (Sub-No. 11), slip op.

at 2 (STB served Jan. 14, 2026). The

Board stated, however, that ‘‘[s]hould

additional guidance or data relevant to

this calculation be released following

the issuance of this decision, the Board

will issue an amended decision, as

appropriate.’’ Id. at 1.

On April 17, 2026, OMB issued

guidance informing agencies that, based

on the lack of October 2025 CPI–U data,

there will be no updated cost-of-living

adjustment multiplier for 2026.

Memorandum from the Off. of Mgmt. &

Budget, M–26–11, Cancellation of

Penalty Inflation Adjustments for 2026,

Regarding the Fed. Civ. Penalties

Inflation Adjustment Act Improvements

Act of 2015 (OMB Memo) (Apr. 17,

2016), https://www.whitehouse.gov/wp-

content/uploads/2026/04/M-26-11-

Cancellation-of-Penalty-Inflation-

Adjustments-for-2026-Regarding-the-

Federal-Civil-Penalties-Inflation-

Adjustment-Act-Improvements-Act-of-

2015.pdf. OMB directed agencies to

‘‘continue using the 2025 civil monetary

penalty levels as applicable.’’ Id. at 1–

2. Consistent with the guidance received

from OMB, the Board will revise its

final rule and amend 49 CFR part 1022

to reinstate the Board’s 2025 civil

monetary penalty levels. See Civ.

Monetary Penalties—2025 Adjustment,

EP 716 (Sub-No. 10) (STB served Jan.

14, 2025). The table at the end of this

decision shows the statutory citation for

each civil penalty, a description of the

provision, the adjusted statutory civil

penalty level for 2025, and the adjusted

statutory civil penalty level for 2026.

The revised final rule set forth at the

end of this decision is being issued

without notice and comment pursuant

to the rulemaking provision of the

Administrative Procedure Act (APA), 5

U.S.C. 553(b)(B). The 2015 Act provides

that agencies shall annually adjust civil

monetary penalties for inflation

notwithstanding section 553 of the APA.

Additionally, the Board has no

discretion to set alternative levels of

adjusted civil monetary penalties and

OMB has issued guidance regarding the

statutory level. For these reasons, the

Board has determined that there is good

cause to promulgate this rule without

soliciting public comment and to make

this regulation effective immediately

upon publication, see 5 U.S.C. 553(d).

The Regulatory Flexibility Act (RFA),

as amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, 5 U.S.C. 601–612, generally

requires an agency to prepare a

regulatory flexibility analysis of any rule

subject to notice and comment

rulemaking requirements, unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Because the Board has determined that

notice and comment are not required

under the APA for this rulemaking, the

requirements of the RFA do not apply.

Pursuant to the Congressional Review

Act, 5 U.S.C. 801–808, the Office of

Information and Regulatory Affairs has

designated this rule as a non-major rule,

as defined by 5 U.S.C. 804(2). Executive

Order 12866, as modified by Executive

Order 14215, provides that OIRA will

review all significant rules. OIRA has

determined that this rule is not

significant.

This revised final rule does not

contain a new or amended information

collection requirement subject to the

Paperwork Reduction Act of 1995, 44

U.S.C. 3501–3521.

List of Subjects in 49 CFR Part 1022

Administrative practice and

procedures, Brokers, Civil penalties,

Freight forwarders, Motor carriers,

Pipeline carriers, Rail carriers, Water

carriers.

It is ordered:

1. Part 1022 is modified as set forth

in the Appendix. Notice will be

published in the Federal Register.

2. This decision is effective on its date

of publication in the Federal Register.

Decided: May 1, 2026.

VerDate Sep<11>2014 16:16 May 04, 2026 Jkt 268001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\05MYR1.SGM 05MYR1

khammond on DSK9W7S144PROD with RULES