EPA Proposes 90-Day Alerts for New Chemical Uses
Published Date: 11/2/2025
Proposed Rule
Summary
The EPA is proposing new rules that require companies to tell them 90 days before using certain chemicals in new ways. This gives the EPA time to check if the new uses are safe before they start. If you make or import these chemicals, be ready for extra steps and possible delays starting soon!
Analyzed Economic Effects
10 provisions identified: 1 benefits, 9 costs, 0 mixed.
High SNUN Preparation And User Fees
EPA estimates preparing and submitting a SNUN will cost about $45,496 for large businesses and $14,976 for small businesses. In addition, submitters must pay a user fee of $37,000, or a reduced user fee of $6,480 for small businesses as defined at 13 CFR 121.201.
90-Day Notice Before New Chemical Uses
If you manufacture, import, or process any chemical listed in this proposed rule and plan a use designated as a "significant new use," you must notify EPA at least 90 days before starting that activity. You may not begin the activity until EPA reviews the notification (a SNUN), makes a determination under TSCA section 5(a)(3), and takes any required action.
November 3, 2025 Cutoff For Ongoing Uses
EPA designates November 3, 2025 as the cutoff date for determining whether a new use is ongoing. Persons who begin manufacture or processing of a listed substance for a significant new use on or after that cutoff date would have to cease such activity upon the effective date of the final SNUR and must comply with SNUR notification requirements to resume.
P-18-104: Import-Only Manufacture And Strict PPE
For PMN P-18-104, EPA's TSCA Order (effective October 3, 2024) requires manufacture only by import (no domestic manufacture), use only as a halogen-free flame retardant in thermoplastic polymers, use of a NIOSH-certified respirator with an Assigned Protection Factor (APF) of at least 1,000 where inhalation exposure is possible, personal protective equipment for dermal exposure, and a hazard communication program with label and SDS statements. The proposed SNUR would treat absence of these measures as a significant new use.
P-18-413: Enclosed-Process Only And Water Limit
For PMN P-18-413 (effective October 10, 2024), EPA's Order requires that the substance be used only in an enclosed process, that personal protective equipment be used for dermal exposure, and that no release to surface water result in concentrations exceeding 554 parts per billion (ppb). The proposed SNUR would designate absence of these protective measures as a significant new use.
P-21-88: Controls For Solids, Disposal, And Respirators
For PMN P-21-88 (effective April 28, 2025), EPA's Order requires PPE for dermal exposure, a NIOSH-certified respirator with APF at least 1,000 where inhalation exposure is possible, engineering controls (fume hood, dust collector, or other controls with at least 25% combined capture/removal) if manufactured or processed as a solid (unless in an enclosed process), no release to water, and disposal only by incineration or hazardous waste landfill in compliance with RCRA Subtitle C. The proposed SNUR would designate absence of these measures as a significant new use.
P-22 Series: No Inhalation, No Consumer Use, Incineration Disposal
For the P-22 series chemicals (e.g., P-22-60, P-22-61, P-22-64, P-22-65, P-22-66, P-22-67; effective July 19, 2024), EPA's Orders commonly require: no manufacture/processing in any manner that results in inhalation exposure, no processing/use in consumer product formulations, disposal of substances or waste only by incineration, no release to water, use of PPE for dermal exposure, and establishment of hazard communication programs. The proposed SNURs would designate absence of these measures as significant new uses.
Numeric Surface-Water Release Limits On Several Substances
Several Orders set numeric surface-water concentration limits that must not be exceeded—for example: P-18-413 (554 ppb), P-21-215 (770 ppb), P-22-153 (3 ppb), and P-22-165 (231 ppb). Manufacturers/processors and waste handlers must ensure releases do not exceed these specified ppb thresholds.
Export Notification Required From Dec 3, 2025
If you export a substance listed in this proposed SNUR on or after December 3, 2025, you must provide a one-time export notification to EPA for the first export or intended export to each country under TSCA section 12(b). EPA estimates the per-notification cost is about $106.
Mandatory Hazard Communication And SDS Labeling
For every listed PMN substance with an Order in this proposed rule, EPA requires establishment of a hazard communication program that includes human health and environmental precautionary statements on each label and in the Safety Data Sheet (SDS). The proposed SNURs designate absence of those communication measures as a significant new use.
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