Proposed Rule2025-12704
Significant New Use Rules on Certain Chemical Substances (23-2.5e); Withdrawal
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2025
Issuing agencies
Environmental Protection Agency
Abstract
In the Federal Register of June 20, 2023, EPA proposed significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 18 chemical substances that were the subject of premanufacture notices (PMNs) and a subsequent TSCA Order. EPA is withdrawing the proposed rules because the Agency withdrew the TSCA Order that was the basis of the rules on December 18, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 129 (Wednesday, July 9, 2025)</title>
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[Federal Register Volume 90, Number 129 (Wednesday, July 9, 2025)]
[Proposed Rules]
[Page 30216]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12704]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 129 / Wednesday, July 9, 2025 /
Proposed Rules
[[Page 30216]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[EPA-HQ-OPPT-2023-0245; FRL-10985-04-OCSPP]
RIN 2070-AB27
Significant New Use Rules on Certain Chemical Substances (23-
2.5e); Withdrawal
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; withdrawal.
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SUMMARY: In the Federal Register of June 20, 2023, EPA proposed
significant new use rules (SNURs) under the Toxic Substances Control
Act (TSCA) for 18 chemical substances that were the subject of
premanufacture notices (PMNs) and a subsequent TSCA Order. EPA is
withdrawing the proposed rules because the Agency withdrew the TSCA
Order that was the basis of the rules on December 18, 2024.
DATES: The proposed rule published at 88 FR 39804 on June 20, 2023, in
the Federal Register (FRL-10985-01-OCSPP) is withdrawn as of July 9,
2025.
FOR FURTHER INFORMATION CONTACT:
For technical information: Iliriana Mushkolaj, New Chemicals
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-6877; email address:
<a href="/cdn-cgi/l/email-protection#abc6ded8c3c0c4c7cac185c2c7c2d9c2cac5caebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="0e637b7d666561626f64206762677c676f606f4e6b7e6f20696178">[email protected]</span></a>.
For general information on SNURs: William Wysong, New Chemicals
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-4163; email address:
<a href="/cdn-cgi/l/email-protection#27505e5448494009504e4b4b4e464a6742574609404851"><span class="__cf_email__" data-cfemail="d6a1afa5b9b8b1f8a1bfbababfb7bb96b3a6b7f8b1b9a0">[email protected]</span></a>.
For general information on TSCA: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: <a href="/cdn-cgi/l/email-protection#feaaadbdbfd3b6918a9297909bbe9b8e9fd0999188"><span class="__cf_email__" data-cfemail="3d696e7e7c10755249515453587d584d5c135a524b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
A list of potentially affected entities is provided in the Federal
Register of June 20, 2023 (88 FR 39804 (FRL-10985-01-OCSPP)). If you
have questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. What proposed rule is being withdrawn?
In the Federal Register of June 20, 2023 (88 FR 39804 (FRL-10985-
01-OCSPP)), EPA proposed SNURs pursuant to TSCA section 5(a)(2) (15
U.S.C. 2604(a)(2)) that would require persons who intend to manufacture
(defined by statute to include import) or process any of 18 specific
chemical substances derived from plastic waste for an activity that is
proposed as a significant new use by this rule to notify EPA at least
90 days before commencing that activity. These chemical substances were
subject to an August 25, 2022 TSCA section 5(e) Order imposed by EPA
after review of PMNs for these substances.
The proposed SNURs identified significant new uses to include any
manufacturing, processing, use, distribution in commerce, or disposal
that does not conform to the restrictions imposed by the underlying
TSCA section 5(e) Order. An additional proposed significant new use was
manufacturing or processing of the chemical substances using feedstocks
that contain any amount of heavy metals (arsenic, cadmium, chromium VI,
lead, mercury), dioxins, phthalates, per- and polyfluoroalkyl
substances (PFAS), polybrominated diphenyl ethers (PBDEs),
alkylphenols, perchlorates, benzophenone, bisphenol A (BPA),
organochlorine pesticides (OCPs), ethyl glycol, methyl glycol, or N-
methyl-2- pyrrolidone (NMP).
On April 7, 2023, petitioners filed a Petition for Review of the
TSCA section 5(e) Order. See Cherokee Concerned Citizens v. EPA, et
al., No. 23-1096 (D.C. Cir.). Given certain potential infirmities with
the Order, EPA sought voluntary remand of the TSCA section 5(e) Order
to reconsider it. On December 4, 2024, the court issued an order
granting EPA's motion for voluntary remand. EPA withdrew the TSCA
section 5(e) Order (and associated determinations regarding the PMNs)
on December 18, 2024. At the time that the TSCA section 5(e) Order was
withdrawn, manufacture of the chemical substances had not yet
commenced.
In addition, since the proposed rule's publication, EPA has
received 30 comments, including adverse ones, which encouraged the
Agency to remand or modify the TSCA section 5(e) Order and SNURs.
Consistent with the withdrawal of the TSCA 5(e) Order, and for the
reasons above, EPA is withdrawing the proposed rules. Copies of the
comments are available in the docket.
III. How do I access the docket?
To access the docket, please go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
follow the online instructions using the docket ID number EPA-HQ-OPPT-
2023-0245. Additional information about the Docket Facility is also
provided under ADDRESSES in the June 20, 2023, Federal Register
document. If you have questions, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
IV. Statutory and Executive Order Reviews
This action withdraws proposed regulatory requirements published in
the Federal Register. As such, the Agency has determined that this
action will not have any adverse impacts, economic or otherwise. The
statutory and executive order review requirements applicable to this
proposed rule were discussed in the June 20, 2023, Federal Register
document. However, those review requirements do not apply to this
action because it is a withdrawal.
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: July 3, 2025.
Mary Elissa Reaves,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2025-12704 Filed 7-8-25; 8:45 am]
BILLING CODE 6560-50-P
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