G/TBT/N/USA/2062  
2 November 2023  
(23-7410) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA) [2093]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Trichloroethylene; Environmental protection (ICS code(s): 13.020); Production in the  
chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 
71.100)  
5. Title, number of pages and language(s) of the notified document:  
Trichloroethylene (TCE); Regulation Under the Toxic Substances Control Act (TSCA); (83 
page(s), in English)  
6. Description of content:  Proposed rule - The Environmental Protection Agency (EPA) is 
proposing to address the unreasonable risk of injury to human health presented by 
trichloroethylene (TCE) under its conditions of use as documented in EPA's November 
2020 Risk Evaluation for TCE and January 2023 revised risk determination for TCE 
pursuant to the Toxic Substances Control Act (TSCA) . TCE is widely used as a solvent in 
a variety of ind ustrial, commercial and consumer applications including for 
hydrofluorocarbon (HFC) production, vapor and aerosol degreasing, and in lubricants, 
greases, adhesives, and sealants. TSCA requires that when EPA determines a chemical 
substance presents unreason able risk that EPA address by rule the unreasonable risk of 
injury to health or the environment and apply requirements to the extent necessary so 
the chemical no longer presents unreasonable risk. EPA determined that TCE presents an 
unreasonable risk of in jury to health due to the significant adverse health effects 
associated with exposure to TCE, including non -cancer effects (liver toxicity, kidney 
toxicity, neurotoxicity, immunotoxicity, reproductive toxicity, and developmental toxicity) 
as well as cancer  (liver, kidney, and non -Hodgkin lymphoma) from chronic inhalation and 
dermal exposures to TCE. TCE is a neurotoxicant and is carcinogenic to humans by all 
routes of exposure. The most sensitive adverse effects of TCE exposure are non -cancer 
effects (devel opmental toxicity and immunosuppression) for acute exposures and 
developmental toxicity and autoimmunity for chronic exposures. To address the identified 
unreasonable risk, EPA is proposing to: prohibit all manufacture (including import), 
processing, and d istribution in commerce of TCE and industrial and commercial use of G/TBT/N/USA/2062  
 
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  TCE for all uses, with longer compliance timeframes and workplace controls for certain 
processing and industrial and commercial uses (including proposed phaseouts and time -
limited exemptio ns); prohibit the disposal of TCE to industrial pre -treatment, industrial 
treatment, or publicly owned treatment works, with a time -limited exemption for cleanup 
projects; and establish recordkeeping and downstream notification requirements.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
88 Federal Register (FR) 74712, 31 October 2023; Title 40 Code of Federal Regulations 
(CFR) Part 751 : 
https://www.govinfo.gov/content/pkg/FR -2023-10-31/html/2023 -23010.htm  
https://www.govinfo.gov/content/pkg/FR -2023-10-31/pdf/2023 -23010.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2020-0642. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2020-0642/document  and provides access to primary and supporting documents 
as well as comments received . Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their stakeholders are asked to submit 
comments to the USA TBT Enquiry Point . Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders by 4pm Eastern Time  on 15 December 
2023 will be shared with the regulator and will also be submitted to the Docket  on 
Regulations.gov if received within the comment period.  
G/TBT/N/USA/1892 an d Add.1  - Trichloroethylene (TCE); Draft Revision to Toxic 
Substances Control Act (TSCA) Risk Determination; Notice of Availability and Request for 
Comment, EPA-HQ-OPPT-2016-0737. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  15 December 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_13277_00_e.pdf