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U.S. EPA Withdraws Significant New Use Rules on Chemicals Derived from Plastic Waste

Jul 14, 2025
USA
TSCA
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On July 9, 2025, the U.S. Environmental Protection Agency (EPA) formally rescinded the Significant New Use Rules (SNURs) proposal it had issued in June 2023.  The proposal would have regulated 18 chemical substances produced from post-consumer plastic waste.

Under the 2023 proposal, any manufacture, processing, use, commercial distribution, or disposal of these substances that exceeded the conditions set in a TSCA §5(e) consent order would have been deemed a “significant new use.”  In addition, the proposal would have extended oversight to production or processing that used feedstocks containing any of the following restricted constituents:

  • Heavy metals (arsenic, cadmium, hexavalent chromium, lead, mercury) 
  • Dioxins 
  • Phthalates 
  • Per- and poly-fluoroalkyl substances (PFAS) 
  • Polybrominated diphenyl ether (PBDE) mixtures 
  • Alkylphenols 
  • Perchlorates 
  • Benzophenone 
  • Bisphenol A (BPA) 
  • Organochlorine pesticides (OCPs) 
  • Ethylene glycol 
  • Methyl glycol 
  • N-Methyl-2-pyrrolidone (NMP)

The SNURs would have required companies to notify EPA at least 90 days before commencing any such new use, after which EPA would have had 90 days to conduct a safety review of the intended conditions of use.

The withdrawal follows developments in the underlying legal proceedings:

On April 7, 2023, Citizens for Cherokees Concerned filed a petition for review (Case No. 23-1096) in the U.S. Court of Appeals for the D.C. Circuit challenging the TSCA §5(e) consent order.

Recognizing potential legal vulnerabilities in the order, EPA—with the court’s approval on December 4, 2024—voluntarily remanded the order for reconsideration and formally revoked both the order and the associated pre-manufacture notice (PMN) determinations on December 18, 2024.  EPA emphasized that, at the time of revocation, none of the chemicals had yet entered commercial production.

Context and Controversy

The chemicals at issue are intended for use in technologies that convert plastic waste into transportation fuels. Proponents argue these processes advance a circular economy, while environmental groups warn of possible health and ecological risks.

Next Steps

EPA has stated it will revisit how chemicals derived from plastic waste should be regulated through broader scientific assessment and stakeholder consultation.

 

Further Information

Federal Register

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