EPA proposes significant new use rules for certain chemicals under TSCA orders
- Proposal covers certain substances subject to existing TSCA orders
- Companies would notify EPA at least 90 days before starting significant new uses
- Comments due 30 days after Federal Register publication
Photo: Wikimedia Commons - This photograph is created by Sbb1413. All photographs created by him are released under the {{CC-BY 4.0}} license unles, CC BY 4.0WASHINGTON, Oct 28 — The Environmental Protection Agency (EPA) has proposed significant new use rules for certain chemical substances that are subject to existing agency orders. Once finalized, the rules would require anyone planning a significant new use to notify EPA at least 90 days before starting.
The proposal, docket EPA-HQ-OPPT-2026-5974 and RIN 2070-AB27, covers chemicals that were the subject of premanufacture notices and are also subject to orders EPA issued under the Toxic Substances Control Act (TSCA). It would add sections 721.12320 through 721.12338 to 40 CFR Part 721, according to the proposed rule.
Under the proposal, any manufacturing, processing, use, distribution or disposal that does not conform to the restrictions in the underlying TSCA orders would be a significant new use. EPA said this would hold all manufacturers and processors "to the same standard", not just the party subject to an order. Under the proposal, manufacturing includes import.
The substances include graphene platelets, graphene oxide, a tin compound used as a catalyst in sealants and adhesives, and photoacid generators. The order restrictions include respirator requirements, bans on use in consumer products and limits on releases to water.
EPA estimated that a notice would cost $45,496 for a large business and $14,976 for a small business. Those estimates include a user fee of $37,000, which is reduced to $6,480 for small businesses.
The agency said a significant new use rule is "not a risk determination itself, only a notification requirement" that gives EPA a chance to review a use before it begins. Manufacture or processing for a significant new use may not start until EPA has reviewed the notice, made a determination and taken any actions that determination requires.
Comments are due 30 days after publication in the Federal Register. The Federal Register lists Nov 2, 2026 as the publication date. EPA set the publication date as the cutoff for deciding whether a use is ongoing.
Mary Elissa Reaves, director of EPA's Office of Pollution Prevention and Toxics, signed the proposal on Oct 28, 2026.