EPA Demands 90-Day Heads-Up on New Chemical Uses
Published Date: 6/5/2026
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, you’ll need to follow these rules starting soon, so get ready to notify and wait for approval!
Analyzed Economic Effects
6 provisions identified: 0 benefits, 4 costs, 2 mixed.
High Per‑Submission SNUN Costs and Fees
If you submit a Significant New Use Notice (SNUN), EPA estimates the average submission cost is $45,496 for large businesses and $14,976 for small businesses. In addition, user fees apply: $37,000 for regular submitters or a reduced fee of $6,480 for small businesses.
90‑Day Pre‑Notice Before New Chemical Uses
If you plan to manufacture, import, or process any listed chemical for a use designated as a "significant new use," you must notify EPA at least 90 days before starting that activity. You cannot begin the activity until EPA reviews the notice and makes a determination that allows the activity to proceed.
June 5, 2026 Cutoff For Ongoing Uses
EPA set June 5, 2026 as the cutoff date to decide whether a use is ongoing. If a person begins manufacture or processing for a significant new use on or after that date, they must stop that activity when the final SNUR becomes effective and may only resume after complying with SNUR notification requirements and EPA approval.
Consumer‑Product Use Limits for Some Substances
For certain listed substances, EPA's Orders prohibit processing or use in consumer products (or allow it only if concentrations are below specified limits, e.g., combined concentration ≤ 1.7% by weight). These restrictions are designated as "significant new uses" if they are absent.
Workplace Respirator and Exposure Controls Required
Several Orders require protective measures at workplaces, including personal protective equipment, specific NIOSH‑certified respirator assigned protection factors (for example, APF values of 10, 50, 1,000 are cited) and, for one substance, a New Chemical Exposure Limit (NCEL) of 8.97E-05 mg/m3 as an 8‑hour TWA. Some Orders also require exposure monitoring and engineering controls with stated minimum efficiencies (for example, 94% or >97%).
Export Notification Requirement and Low Per‑Notice Cost
If you export a substance that is the subject of one of these proposed SNURs on or after July 6, 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.
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Key Dates
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