EPA slaps new rules on mystery chemicals 24-5.5e
Published Date: 8/26/2026
Rule
Summary
EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMNs) and are also subject to an Order issued by EPA pursuant to TSCA. The SNURs require persons to notify EPA at least 90 days before commencing the manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use in the SNUR. The required notification initiates EPA's evaluation of the conditions of that use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification; made an appropriate determination regarding that notification; and taken such actions as required by that determination.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 5 costs, 0 mixed.
90‑Day Advance Notice to EPA Required
If you plan to manufacture, import, or process any of the listed chemical substances for a use the rule calls a “significant new use,” you must notify EPA at least 90 days before starting that activity by submitting a Significant New Use Notice (SNUN). You cannot begin the manufacture or processing for that significant new use until EPA reviews the SNUN and makes the required determination.
SNUN Submission Fees and Preparation Costs
Preparing and submitting a SNUN is estimated to cost about $45,000 for large business submitters and about $14,500 for qualifying small business submitters. The user fee component is $37,000 for standard submitters or a reduced user fee of $6,480 for qualifying small businesses.
Numeric Workplace and Emissions Controls Specified
The SNURs set specific workplace and emissions controls for certain substances, including respirator Assigned Protection Factors (APF) such as APF ≥1,000 (or APF ≥50 in some cases), APF ≥10,000 for edge oxidized graphene, an exposure monitoring threshold of 0.01 mg/m3 (8‑hour TWA) for one substance, a new chemical exposure limit (NCEL) of 0.00733 mg/m3 (8‑hour TWA) as an alternative for graphene, and emissions control efficiencies like ≥99.8% capture and control and incineration ≥99.999% efficiency; some substances trigger a significant new use if processed above 5% in formulation.
Recordkeeping and Time Burden for SNUNs
If you submit a SNUN, the paperwork burden to prepare and submit it is estimated to average between 30 and 170 hours per submission. Recordkeeping requirements in the rule also apply to manufacturers, importers, and processors of each listed substance.
Export Notification One‑Time Cost
If you export a substance covered by these SNURs, you must send a one-time export notification to EPA the first time you export or intend to export that substance to a particular country. EPA estimates the per-notification cost at about $106.
Cutoff Date for Ongoing Uses and RFA Certification
EPA set November 3, 2025 as the cutoff date to decide whether a use was ongoing; uses that were already ongoing as of that date would not be designated as significant new uses. EPA also certified under the Regulatory Flexibility Act that the rule will not have a significant economic impact on a substantial number of small entities.
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