Regulatory Proposal Pulled Amid Legal, Scientific Concerns

On July 9, 2025, the U.S. Environmental Protection Agency (EPA) formally withdrew a proposed Significant New Use Rule (SNUR) that would have regulated 18 chemicals derived from plastic waste feedstocks. These substances were previously covered under a TSCA Section 5(e) Consent Order, which was rescinded in December 2024.

Background: What the SNUR Aimed to Do

Originally proposed in June 2023, the SNUR targeted chemicals made through pyrolysis or gasification of plastic waste. Key provisions included:

• Pre-manufacture notification: Producers would have had to notify EPA 90 days before any new use.
• Contaminant restrictions: EPA sought evidence that the chemicals were free from PFAS, BPA, heavy metals, and dioxins.

The proposed SNUR intended to limit health and environmental risks tied to new uses of plastic-derived substances.

Why EPA Withdrew the Rule

The decision followed a court-approved remand of the underlying TSCA Order. This move was influenced by:

• Public comments and legal challenges questioning both the scientific basis and legal standing of the SNUR.
• EPA’s acknowledgment that the 18 chemicals had not yet entered commercial production, making the withdrawal low-impact.

Industry and Environmental Reactions

• Industry groups, including the American Chemistry Council, praised the withdrawal for reducing regulatory uncertainty and supporting chemical recycling innovation.
• Environmental advocates expressed concern, warning that oversight of plastic waste–derived chemicals remains vital for health and environmental safety.

What This Means for the Chemical Industry

✅ Regulatory Relief

Companies are no longer required to submit pre-manufacture notices or wait for EPA approval for these 18 substances.

⚠️ Continued Monitoring

While the SNUR is off the table for now, EPA signaled plans to reassess these chemicals through broader risk evaluations or future rulemaking.

Looking Ahead: EPA May Revisit Regulation

This withdrawal provides short-term flexibility for innovators in chemical recycling. However, the EPA is expected to reexamine potential risks and may return with revised rules or alternate oversight strategies.

Stakeholders should stay engaged and prepare for potential future actions.

Reference: EPA – Withdrawal of SNUR Proposal (July 2025)

 

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