The US Environmental Protection Agency Withdraws Proposed Rule on Chemical Recycling
On July 9th, the US Environmental Protection Agency (EPA) withdrew a proposed rule on chemical recycling, first proposed during the Biden administration and now canceled under the Trump administration.
The proposed rule was the "Significant New Use Rule" introduced in June 2023 under the Toxic Substances Control Act. The rule required companies processing 18 specific chemicals from plastic waste for significant new uses to notify the EPA at least 90 days in advance, allowing it to assess risks and conduct necessary oversight. It also designated the use of chemicals produced from feedstocks containing these chemicals as significant new uses.
However, the rule faced opposition from numerous industry players during its public comment period in 2023. Companies like Freepoint Eco-Systems argued that it added unnecessary administrative burdens to the industry and was inconsistent with the EPA's goal of developing a circular economy for plastics. Dow Chemical, however, argued that the rule's lack of minimum impurity levels made analytical testing and quantification impossible.
Based on these objections, the EPA decided to withdraw the rule. Ross Eisenberg, president of the Plastics Manufacturers Association, praised the move, saying it removes unnecessary burdens and will help attract investment to the advanced recycling industry. He also argued that the rule lacks scientific basis, exceeds the EPA's authority, and fails to recognize that the processes involved can remove impurities.
In fact, the battle over federal regulations governing chemical recycling processes and pollutants has been ongoing for at least five years. Similar rules were previously proposed during the Trump administration, and the industry now hopes for clear regulations to encourage investment and innovation. However, the chemical recycling industry faces numerous obstacles in advancing projects in Europe and the United States, including legislative hurdles and high costs.
