Justification For Non-Substantive Revision

Request for a Non-Substantive Change

to an Existing Approved Information Collection

(EPA ICR No. 2775.03; OMB Control No. 2070-0232)

I. Introduction

Why is EPA Requesting a Non-Substantive Change?

The Environmental Protection Agency (EPA) is taking interim final action on the Regulation of Trichloroethylene (TCE) under the Toxic Substances Control Act (TSCA) to revise certain compliance deadlines finalized in 2024. EPA is amending the 2024 Regulation of TCE under the TSCA codified in subpart D of 40 CFR 751 in the following ways. First, EPA is amending the prohibition compliance date for the use of TCE as a processing aid in the manufacture of nuclear fuel, with corresponding changes to supporting compliance dates, to begin on September 15, 2028. Second, EPA is amending the prohibition compliance date for the disposal of TCE to wastewater by processors of TCE as a reactant/intermediate and processors for and industrial and commercial users of TCE as a processing aid for: process solvent used in battery manufacture; process solvent used in polymer fiber spinning, fluoroelastomer manufacture and Alcantara manufacture; extraction solvent used in caprolactam manufacture; precipitant used in beta-cyclodextrin manufacture (hereinafter referred to as “chemical processors”), to begin on December 18, 2026. Third, EPA is amending the compliance deadline for downstream notification, and the text required to be present in Safety Data Sheets, to accurately reflect the new prohibition compliance deadline for TCE used as a processing aid in the manufacture of nuclear fuel. EPA is amending this compliance deadline to allow for 90 days after the publication of the final rule for manufacturers, processors, and distributors in commerce of TCE to make such a change.

II. Description of Non-Substantive Changes

What Information Collection Request (ICR) is EPA changing?

ICR Title:	Trichloroethylene; Regulation under Toxic Substances Control Act (TSCA); Section 6(a) (Final Rule; RIN 2070-AK83)
ICR Numbers:	EPA ICR No. 2775.02; OMB Control No. 2070-0232

What is the current status of this ICR?

This ICR is currently approved through January 31, 2028.

What are the changes that EPA is making to this collection of information?

The Agency is amending downstream notification requirements though Safety Data Sheets (SDS). Under the current final rule and OMB control number, the SDS must include the following statement:

After June 16, 2025, this chemical/product is and can only be domestically manufactured, imported, processed, or distributed in commerce for the following purposes until the following prohibitions take effect: (1) Processing as an intermediate a) for the manufacture of HFC-134a until June 18, 2033, and b) for all other processing as a reactant/intermediate until December 18, 2026; (2) Industrial and commercial use as a solvent for open-top batch vapor degreasing until December 18, 2025; (3) Industrial and commercial use as a solvent for closed-loop batch vapor degreasing until December 18, 2025, except for industrial and commercial use in batch vapor degreasing for land-based DOD defense systems by Federal agencies and their contractors until December 18, 2029, and except for industrial and commercial use as a solvent for closed-loop batch vapor degreasing necessary for rocket engine cleaning by Federal agencies and their contractors until December 18, 2031, and except for industrial and commercial use of TCE in closed-loop and open-top batch vapor degreasing for essential aerospace parts and components and narrow tubing used in medical devices until December 18, 2031, and except for industrial and commercial use as a solvent for closed-loop batch vapor degreasing for rayon fabric scouring for end use in rocket booster nozzle production by Federal agencies and their contractors until December 18, 2034; (4) Industrial and commercial use in processing aid (a) for lithium battery separator manufacturing until December 18, 2029, and (b) for lead-acid battery separator manufacturing until December 18, 2044, and (c) for specialty polymeric microporous sheet material manufacturing until December 18, 2039, and (d) in process solvent used in battery manufacture; in process solvent used in polymer fiber spinning, fluoroelastomer manufacture and Alcantara manufacture; in extraction solvent used in caprolactam manufacture; and in precipitant used in beta-cyclodextrin manufacture until December 18, 2026; (5) Industrial and commercial uses for vessels of the Armed Forces and their systems, and in the maintenance, fabrication, and sustainment for and of such vessels and systems until December 18, 2034; and (6) Industrial and commercial use for laboratory use (a) for essential laboratory activities until December 18, 2074 and (b) for asphalt testing and recovery using manual centrifuge processes until December 18, 2029 and for asphalt testing and recovery until December 18, 2034.

The interim final rule amends the SDS statement to address the compliance date extension for the industrial and commercial use as a processing aid in the manufacture of nuclear fuel. As of the date that is 90 days after publication of the interim final rule, the SDS statement must read as follows pursuant to 40 CFR 751.321:

After June 16, 2025, this chemical/product is and can only be domestically manufactured, imported, processed, or distributed in commerce for the following purposes until the following prohibitions take effect: (1) Processing as an intermediate a) for the manufacture of HFC-134a until June 18, 2033, and b) for all other processing as a reactant/intermediate until December 18, 2026; (2) Industrial and commercial use as a solvent for open-top batch vapor degreasing until December 18, 2025; (3) Industrial and commercial use as a solvent for closed-loop batch vapor degreasing until December 18, 2025, except for industrial and commercial use in batch vapor degreasing for land-based DOD defense systems by Federal agencies and their contractors until December 18, 2029, and except for industrial and commercial use as a solvent for closed-loop batch vapor degreasing necessary for rocket engine cleaning by Federal agencies and their contractors until December 18, 2031, and except for industrial and commercial use of TCE in closed-loop and open-top batch vapor degreasing for essential aerospace parts and components and narrow tubing used in medical devices until December 18, 2031, and except for industrial and commercial use as a solvent for closed-loop batch vapor degreasing for rayon fabric scouring for end use in rocket booster nozzle production by Federal agencies and their contractors until December 18, 2034; (4) Industrial and commercial use in processing aid (a) for lithium battery separator manufacturing until December 18, 2029, and (b) for lead-acid battery separator manufacturing until December 18, 2044, and (c) for specialty polymeric microporous sheet material manufacturing until December 18, 2039, and (d) in process solvent used in battery manufacture; in process solvent used in polymer fiber spinning, fluoroelastomer manufacture and Alcantara manufacture; in extraction solvent used in caprolactam manufacture; and in precipitant used in beta-cyclodextrin manufacture until December 18, 2026; (5) Industrial and commercial uses for vessels of the Armed Forces and their systems, and in the maintenance, fabrication, and sustainment for and of such vessels and systems until December 18, 2034; (6) Industrial and commercial use for laboratory use (a) for essential laboratory activities until December 18, 2074 and (b) for asphalt testing and recovery using manual centrifuge processes until December 18, 2029 and for asphalt testing and recovery until December 18, 2034; and (7) Industrial and commercial use as a processing aid in the manufacture of nuclear fuel until September 15, 2028.

Will this change impact the annual ICR burden estimates?

No, the number of respondents and burden hours for downstream notification requirements will remain unchanged from what is currently approved by OMB.

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