EPA Withdraws Proposed Significant New Use Rules for 18 Chemicals, Citing Litigation

In July, EPA announced its withdrawal of proposed significant new use rules (SNURs), which would have applied to the use of 18 chemicals derived from plastic waste in manufacturing transportation fuels and other pyrolysis products. The SNURs, which EPA proposed under the Toxic Substances Control Act in 2023, would have required entities intending to manufacture, import, or process any of these 18 chemicals to notify EPA at least 90 days before commencing activities identified as significant new uses. The proposed SNURs were withdrawn due to litigation, according to EPA’s news release.

 

A notice in the Federal Register explains that, in 2022, EPA imposed a TSCA section 5(e) order on the 18 chemicals after reviewing premanufacture notices for them. According to EPA’s website, TSCA section 5(e) orders are consent orders negotiated with the submitter of a premanufacture notice, which authorize production of a new chemical substance or adoption of a significant new use, given certain conditions are met. These conditions may include testing for toxicity or environmental fate, the use of personal protective equipment, and the implementation of other health and safety measures. TSCA section 5(e) orders may be issued when EPA determines it lacks sufficient information to evaluate the health and safety effects of the new chemical or use, among other circumstances.

 

In April 2023, a petition for review of the TSCA order was filed by Cherokee Concerned Citizens, a Mississippi-based community health nonprofit. According to a press release by Earthjustice, the law firm representing Cherokee Concerned Citizens, the nonprofit is concerned with increased cancer risk and other human health and environmental effects associated with the 18 chemicals listed in EPA’s TSCA order.

 

In December 2024, the court granted EPA’s motion for voluntary remand of the TSCA order so that the agency could reconsider it, eventually leading EPA to withdraw the SNURs as well. “After the proposed rule’s publication, EPA received comments, including adverse ones, which encouraged the agency to remand or modify the TSCA section 5(e) Order and SNURs,” EPA’s news release states. “The proposed SNURs are being withdrawn because the Toxic Substances Control Act (TSCA) Section 5 (e) Order on which they were based was withdrawn on December 18, 2024, in response to litigation.” Manufacture of the chemicals of concern had not begun by the time the TSCA order was withdrawn.

 

More information is available in EPA’s news release and the Federal Register notice. The proposed SNURs and related documents may be found at regulations.gov.

 

 

The EPA recently announced an agreement with Monarch Metal Finishing Co., Inc., a Rhode Island-based metal plating and polishing company, that resolves alleged Clean Air Act (CAA) compliance issues at the company's metal-working facilities in Providence and Johnston, Rhode Island.

 

Monarch Metal Finishing Co., Inc., was found to be out of compliance with regulations that control the release of hazardous air emissions and volatile organic compounds (VOCs) into the environment. Under the agreement with EPA, Monarch will pay a penalty of $157,041.

 

At the Providence facility, the company allegedly failed to certify compliance with federal emissions regulations and to follow Rhode Island Department of Environmental Management standards limiting VOC emissions.

 

At the Johnston facility, the company also allegedly failed to certify compliance, did not use proper emission controls, and did not submit required notifications to EPA. Regulated facilities are required to comply with CAA standards to prevent the release of toxic metals, such as chromium, nickel and lead, and to control VOC emissions.

 

 

The U.S. Department of Labor has cited an Appleton paper products manufacturer for allegedly exposing employees to dangerous energy and machine guarding hazards after an employee suffered two finger-tip amputations.

 

Investigators with the department’s Occupational Safety and Health Administration conducted three investigations and concluded that Progressive Converting Inc. failed to properly guard machinery, did not have energy control procedures, and did not provide proper training for employees engaged in service and maintenance.

 

Progressive Converting was cited for three repeat, 13 serious, and three other than serious violations, with proposed penalties totaling $280,110.

 

The employer has 15 business days from receipt of the citations and penalties to comply, request an informal conference with OSHA, or contest the findings before the independent Occupational Safety and Health Review Commission.

 

 

The Chemical Safety and Hazard Investigation Board (CSB) urges petroleum and chemical facilities to take immediate actions to prevent “catastrophic chemical releases” and protect workers, emergency responders, and members of surrounding communities during the 2025 Atlantic hurricane season. CSB recommends that chemical facilities review the agency’s hurricane preparedness resources, some of which are linked in a July 2 news release. According to CSB, these resources emphasize thorough emergency planning, infrastructure resilience, and timely shutdown procedures to prevent fires, toxic releases, serious injuries, and fatalities that may occur when chemical facilities are damaged during hurricanes.

 

CSB’s guidance builds on lessons learned from past hurricanes, such as the flooding from Hurricane Harvey in 2017 that caused loss of power at the Arkema chemical plant in Crosby, Texas, and eventually led to a fire at the facility. Personnel attempted to move combustible organic peroxide into refrigerated trailers until rising flood waters forced the employees to evacuate. In the following days, the organic peroxide began to decompose and catch fire, producing clouds of toxic smoke. Emergency response officials shut down travel on Highway 90, evacuated more than 200 residents living near the facility, and initiated a controlled burn of the remaining organic peroxide. Details about the incident, response, and lessons learned can be found in CSB’s overview document (PDF), final report, and safety video.

 

Another hurricane-related chemical incident occurred in 2020, when a Bio-Lab facility in Westlake, Louisiana, was severely damaged by high winds from Hurricane Laura. Rainwater seeped into the damaged building and made contact with chemical product, starting a reaction that produced a fire and a plume of toxic gases. Emergency responders closed a nearby portion of Interstate 10 for 28 hours, and local officials issued a shelter-in-place order for nearby residents.

 

“The incident at Bio-Lab could have been prevented,” said Board Member Catherine Sandoval, in CSB’s safety video about the incident. “Companies must be prepared for the hazards extreme weather can present at their facilities.”

 

CSB also highlights a monograph on assessing and planning for natural hazards (PDF) developed by the Center for Chemical Process Safety. More information about the CSB’s hurricane preparedness recommendations and resources can be found in the agency’s news release.

 

 

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