EPA Wants a 90-Day Heads-Up Before Certain Chemicals Find New Uses
Published Date: 7/23/2026
Proposed Rule
Summary
The EPA is proposing new rules that require companies to tell them 90 days before starting new uses of certain chemicals. This helps the EPA check if those new uses are safe before they begin. If you make or import these chemicals, you’ll need to follow these rules once they’re final, with comments due by August 24, 2026.
Analyzed Economic Effects
7 provisions identified: 0 benefits, 7 costs, 0 mixed.
90‑Day Notice Before New Uses
If you plan to manufacture (including import) or process any listed chemical for an activity 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 notice and makes a determination.
SNUN Submission Costs and Fees
EPA estimates a Significant New Use Notice (SNUN) submission will cost about $45,496 for large businesses and $14,976 for small businesses. Submitters must also pay a user fee of $37,000 (large) or $6,480 (small) as set in 40 CFR 700.45.
July 23, 2026 Cutoff for Ongoing Uses
EPA designates July 23, 2026 as the cutoff date to decide whether a new use is ongoing. If you begin manufacture or processing for a significant new use on or after July 23, 2026, you may have to stop that activity when the final rule is effective and then comply with SNUR notification requirements to resume.
Potential EPA Testing and Data Requirements
EPA may require test data and other information in connection with a SNUN or to modify an existing TSCA Order; if a person is already required to submit information under a TSCA section 4 rule or order, that information must be submitted with the SNUN. EPA also has authority to require testing during SNUN review.
Order Protective Measures Extended Nationwide
The proposed SNURs would treat failure to follow protective measures in existing TSCA orders as a "significant new use." Required measures in the orders include items such as import‑only (no domestic manufacture), concentration limits (e.g., ≤3% by weight, ≤5.5% exceptions), respirators with an Assigned Protection Factor of at least 50, no release to water above specified concentrations (e.g., 193 ppb, 989 ppb, 11 ppb, 13 ppb), capture and 98% destruction of vapors/aerosols, and specified disposal methods (e.g., incineration).
Restrictions on Use in Consumer Products
For several listed substances, the TSCA Orders and the proposed SNURs prohibit processing for use in consumer products or restrict consumer product concentrations (for example, only allow use if concentration does not exceed 3% by weight). Companies intending to place these substances into consumer products would face these prohibitions or limits and would need EPA action to change them.
Export Notification Requirement and Cost
If you export a substance covered by these proposed SNURs on or after August 24, 2026, you must follow TSCA section 12(b) export notification rules and provide a one‑time notice for the first export to each country. EPA estimates the per‑notification cost is about $106.
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