EPA Demands 90-Day Heads-Up on New Chemical Uses
Published Date: 5/29/2026
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 the new use is safe before it starts. These rules kick in on July 28, 2026, and affect anyone who makes, imports, or processes these chemicals, so plan ahead to avoid delays or extra costs.
Analyzed Economic Effects
6 provisions identified: 0 benefits, 6 costs, 0 mixed.
SNUN Submission Costs and Fees
EPA estimates the cost to prepare and submit a SNUN is about $45,000 per submission for large businesses and about $14,500 per submission for qualifying small businesses. The user fee component is $37,000 for large submitters or a reduced fee of $6,480 for qualifying small businesses.
90-Day Pre-Notice Before New Chemical Uses
If you make, import, or process any listed chemical substance for a use that the rule calls a "significant new use," you must notify EPA at least 90 days before starting that activity. You may not begin the manufacture (including import) or processing for that significant new use until EPA reviews the notice and makes a determination. This rule is effective July 28, 2026.
Time Burden and Recordkeeping for SNUNs
Submitting a SNUN is estimated to take between 30 and 170 hours of work per submission, including searching, gathering, and preparing information. Manufacturers, importers, and processors of the listed substances must also comply with the rule's recordkeeping provisions (for example, Sec. 721.125).
Cease Activity If Use Began After Proposal Date
If a person began commercial manufacture (including import) or processing for a use designated as a significant new use after the publication of the proposed rule (November 3, 2025) but before the final rule's effective date, they must cease that activity on the effective date. To resume, they must comply with all SNUR notification requirements and wait for EPA prerequisites to be satisfied.
Workplace PPE and Testing Requirements for Some Substances
For certain listed substances, the rule sets workplace protection measures (for example, some sections require respirators that provide a NIOSH assigned protection factor of at least 1000). EPA also has authority to require testing under TSCA section 4, and if testing is required by a rule or order, that information must be submitted with a SNUN.
Export Notification One-Time Cost
If you export a listed substance, you must provide a one-time export notification to EPA for the first export or intended export to each country. EPA estimates the cost per export notification is approximately $106.
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Key Dates
Department and Agencies
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