Chemical makers face a 90-day wait before new uses

The Environmental Protection Agency is proposing a rule that would require companies to wait 90 days before starting certain new uses of chemicals that have already been reviewed under federal law. The change would cover manufacturers, importers and processors, and EPA says the filing can cost large firms $45,496 and small firms $14,976.

That matters because it turns a launch decision into a waiting period. A company cannot simply shift a chemical into a new line of production, a new import stream or a new processing step and move on. It would have to clear EPA first.

Importers are on the hook too

The rule reaches importers directly because TSCA treats import as manufacture. So the federal gate would not stop at domestic factories. Firms bringing covered substances into the United States would face the same advance notice requirement as producers and processors here at home.

Exporters are also part of the compliance picture, not because the proposal is aimed at exports themselves, but because TSCA section 13 and related import certification and export notification rules can still apply when covered chemicals cross the border. For businesses that move material in both directions, that adds one more layer to keep track of.

The price of starting first

EPA estimates a significant new use notice, or SNUN, would cost $45,496 for large business submitters and $14,976 for small business submitters. That is before the lost time in the 90-day review window, which can matter just as much as the filing fee for companies trying to keep production schedules moving.

Comments on the proposal are due July 6, 2026. For chemical suppliers, importers and processors, that is the next checkpoint: accept the new burden, or try to change the rule before the window closes.