EPA Eyes New Chemical Rules: 90-Day Heads-Up Required
Published Date: 4/24/2026
Proposed Rule
Summary
The EPA is setting new rules that require companies to tell them 90 days before making or using certain chemicals in new ways. This gives the EPA time to check if those new uses are safe before they start. If you work with these chemicals, get ready to follow these rules and send your comments by May 26, 2026.
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Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
SNUN Submission Fees and Time Burden
If you submit a SNUN, EPA estimates the total cost is about $45,496 per submission for large businesses and about $14,976 per submission for qualifying small businesses. The required user fee is $37,000 for large submitters or a reduced fee of $6,480 for qualifying small businesses, and EPA estimates 30 to 170 hours of work per submission.
90-Day Notice Before New Uses
If you plan to manufacture, import, or process any listed chemical for a use the rule calls a “significant new use,” you must notify EPA at least 90 days before you start. You cannot begin the new activity until EPA reviews the notice and makes a determination.
Workplace Protections and Release Limits
For the listed cobalt-lithium-manganese-nickel oxide substances, employers must use engineering and administrative controls, 99% efficient dust controls, personal protective equipment, and a hazard communication program. The rule also sets an air-release limit of a 14-day rolling average at the property boundary of 1.3E-4 mg/m3 and prohibits releases to water and most disposal routes other than RCRA Subtitle C hazardous waste landfill (or specified incineration with hazardous-ash disposal).
Export Notification for Exports After May 26, 2026
If you export a substance covered by these SNURs on or after May 26, 2026, you must provide a one-time export notice to EPA for the first export or intended export to each country. EPA estimates the per-notification cost is about $106.
Battery Labeling and Article Exemption Rules
Batteries containing the listed substances must carry a durable visible exterior label stating they contain substances subject to TSCA restrictions and that the manufacturer or EPA TSCA Hotline can be contacted for details. The rule exempts the substance once incorporated into an “article” except when the article is shredded or processed such that dust is generated, at which point SNUR protections apply.
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