EPA Sets Out Process For Expiring TSCA CBI Claims Ahead Of June 2026
EPA sets out how TSCA CBI claims will expire and how to request extensions before June 2026 deadlines.
The U.S. Environmental Protection Agency (EPA) has officially withdrawn proposed Significant New Use Rules (SNURs) for 18 chemical substances derived from plastic waste. The decision, announced on 9 July 2025, affects companies across the chemicals value chain by reversing a 2023 policy direction that would have required prior EPA notification before new uses of these substances commenced.
Key Insights
The proposed SNURs—initially published in June 2023 under the Toxic Substances Control Act (TSCA)—targeted chemicals intended for use in transportation fuels and similar applications. The rules were withdrawn following legal challenges and public feedback, which prompted the EPA to also revoke the underpinning TSCA Section 5(e) Order in December 2024. As the manufacture of the substances had not yet begun, the agency determined that further regulation was unwarranted at this stage.
Background: From Restriction to Withdrawal
The 18 substances in question were originally assessed by EPA due to concerns around potential contaminants in pyrolysis-derived feedstocks, including heavy metals, dioxins, PFAS, and other persistent, bioaccumulative, and toxic chemicals. The SNURs would have required a 90-day advance notice to the EPA prior to any significant new use, allowing the agency time to evaluate associated risks.
The EPA’s reversal comes after comments from industry stakeholders and environmental groups raised questions about the technical basis and feasibility of the proposed restrictions. Legal action further challenged the enforceability of the TSCA Section 5(e) Order. The agency ultimately decided that, without active manufacturing or evidence of risk, maintaining the SNURs was unnecessary.
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