EPA requires advance notice before companies try new chemical uses
Published Date: 11/5/2026
Rule
Summary
The EPA is rolling out new rules that make companies tell them 90 days before using certain chemicals in new ways. This gives the EPA time to check if those uses are safe before they start. These rules kick in on January 4, 2027, and affect anyone making or importing these chemicals, so plan ahead to avoid delays or extra costs!
Analyzed Economic Effects
7 provisions identified: 1 benefits, 6 costs, 0 mixed.
90‑Day Advance Notice Requirement
If you 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. EPA will review the notice and you may not begin the activity until EPA completes its review and any required follow-up; the rule takes effect January 4, 2027.
Per‑Submission SNUN Costs and Fees
EPA estimates preparing and submitting a SNUN costs about $45,000 for large businesses and about $14,500 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.
Small‑Business Fee Relief Lowers Burden
EPA offers a reduced SNUN user fee of $6,480 for qualifying small businesses (per 13 CFR 121.201), which EPA says reduces the total estimated per‑SNUN reporting and recordkeeping cost to about $14,500 for those firms.
Reporting Time Burden and Electronic Filing
Submitting a SNUN requires using EPA Form 7710‑25 via EPA's e‑PMN software and Central Data Exchange (CDX) registration; EPA estimates an annual burden averaging between 30 and 170 hours per SNUN submission. If a TSCA section 4 rule/order requires testing, that data must be submitted with the SNUN.
Substance‑Specific Operational and Disposal Requirements
The rule imposes substance‑specific controls that can affect operations: examples include respirator protection factors (e.g., NIOSH APF ≥ 1000 for manganate(4-) and APF ≥ 10 for some substances), limits on dust filter changes (more than two times/year is a significant new use), requirements that off‑gas streams be captured and routed to controls achieving 99.9% destruction, disposal by incineration when not in solid form, and consumer product concentration limits (e.g., combined concentration ≤ 1.7% by weight for a listed group). Several substances also have numeric "N" release‑to‑water values listed (e.g., N = 0.2; N = 2; N = 18; N = 330; N = 21).
Cutoff Date for Ongoing Uses and Cease/Resume Rule
EPA designates June 5, 2026 as the cutoff date for determining whether a use is ongoing; if a person began a significant new use after publication of the proposed rule (June 5, 2026) and before the final rule becomes effective, they must cease that activity on the final rule's effective date and may only resume after submitting and satisfying all SNUR requirements. The final rule is effective January 4, 2027.
Export Notification One‑Time Cost
If you export a chemical that is subject to a SNUR, you must provide a one‑time export notification 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
Department and Agencies
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