EPA’s Battery-Cathode SNURs Test the Limits of “Significant New Use”
EPA has proposed two significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) that would extend restrictions across the full lifecycle of the cathode substances in lithium-ion batteries, including recycling and reclamation. Industry stakeholders note that this is a departure from ordinary SNUR practice. The rules, published on April 24, 2026, cover […]
EPA Withdraws SNURs for 18 Chemicals Following Community Challenge
EPA has withdrawn proposed Toxic Substances Control Act (TSCA) significant new use rules (SNURs) for 18 chemical substances developed by Chevron USA, after a community organization argued that EPA’s regulation failed to address “extreme health risks” to residents near industrial sites in Mississippi. EPA previously withdrew the corresponding TSCA section 5(e) order and premanufacture notice […]
Fifth Circuit TSCA Ruling: Established Process Not a “New Use”
A decades-old manufacturing process cannot constitute a significant new use under TSCA, the US Court of Appeals for the Fifth Circuit ruled on March 21, 2024, in the case Inhance Techs. v. EPA. Inhance Technologies LLC (“Inhance”) has strengthened plastic containers using the same fluorination process since 1983. Unbeknownst to Inhance and EPA until March […]
EPA Issues SNUR to Keep Inactive PFAS Out of Commerce
Inactive PFAS chemicals can no longer reenter commerce without EPA approval under a final significant new use rule (SNUR) issued by EPA on January 11, 2024. The 329 PFAS subject to the SNUR are currently designated as inactive on the Toxic Substances Control Act (TSCA) Inventory and are not subject to an existing SNUR. (An […]
EPA Proposes SNURs for Flame Retardants
EPA has proposed significant new use rules (SNURs) for three flame retardants under the Toxic Substances Control Act (TSCA). The three flame retardants are tris(2-chloroethyl) phosphate (TCEP), tetrabromobisphenol A (TBBPA), and triphenyl phosphate (TPP). All three substances are currently undergoing TSCA risk evaluations. The proposed significant new uses are manufacture (including import) or processing for […]
TSCA Enforcement Action Taken Over Failure to Comply with PFAS SNUR
In December 2022, two separate lawsuits were filed against Inhance Technologies USA regarding its alleged production of certain PFAS substances in violation of the Toxic Substances Control Act (“TSCA”). These lawsuits are important as they raise novel questions of TSCA interpretation and enforcement. The first lawsuit was filed by the U.S. Department of Justice, Environment […]
EPA Proposes Non-Consent-Order SNURs for 13 Chemical Substances
On October 16, 2018, the Environmental Protection Agency (EPA) issued a proposed rule that would establish Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for 13 chemical substances for which premanufacture notices (PMNs) have been approved during the two years since the statute was amended. A total of 6 SNURs were […]
EPA Publishes Direct Final Rules for 29 Significant New Use Rules
On August 27, 2018, the U.S. Environmental Protection Agency (EPA) issued two direct final rules promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA). The first direct final rule promulgates SNURs for ten chemical substances that were the subject of premanufacture notices (PMN). 83 Fed. Reg. 43527. The second direct final […]
EPA proposes updates to SNUR regulations on workplace protection and hazard communication.
On July 28, EPA published a proposed rule updating the Significant New Use Rule (SNUR) regulations, which implement section 5(a)(2) of the Toxic Substances Control Act (TSCA). In announcing the proposal, EPA emphasized the need to harmonize regulations based on Occupational Safety and Health Administration (OSHA) standards for respiratory protection and hazard communication, which have both […]
EPA issues final Significant New Use Rule for HBCD in textiles.
EPA has released the prepublication version [PDF] of its final Significant New Use Rule (SNUR) for the brominated flame retardants hexabromocyclododecane or 1,2,5,6,9,10-hexabromocyclododecane (HBCD). HBCD is persistent, bioaccumulative, toxic, and poses potential human health concerns, including reproductive and developmental effects. This Final Rule designates the use of HBCD in consumer textiles as a significant new […]