The Nickel Report

On September 18, 2025, EPA Administrator Lee Zeldin announced the agency will be prioritizing the review of new chemicals under the Toxic Substances Control Act (TSCA) that are intended for use in data center projects, including the infrastructure that powers data centers, or for the manufacturing of covered components, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” This prioritization of reviews will start with submissions received on or after September 29, 2025, and could accelerate time to market for chemistries supporting the expansion of US data center capacity. 

Under TSCA Section 5, EPA must review and approve new chemicals (i.e., chemicals not on the TSCA Inventory) before they may be manufactured or imported for commercial purposes. Over the past several months, the agency’s New Chemicals Division has been working to reduce its backlog of premanufacture notices (PMNs). This effort is part of the Trump Administration’s priority to streamline permitting and regulations to accelerate American data center development. In the prior administration, EPA had similar accelerated review tracks for new chemicals that have applications in batteries, electric vehicles, semiconductors, and renewable energy generation.

To help companies determine if their chemicals and intended uses qualify for prioritized review, EPA has provided instructions for submitters. Companies with new chemicals qualifying for prioritized review can identify their submission as a chemical intended for use in a data center project or for the manufacturing of covered components by submitting a cover letter through the Central Data Exchange (CDX). Among other things, the cover letter should include a statement and documentation demonstrating that the submission supports a “qualifying project,” as defined in the EO. EPA will accept a submission for prioritized review if there are concrete steps taken toward planning a specific data center project or covered component project, and there is a tangible relationship between the submitter and an entity involved in the project planning.

Manufacturers and importers of new chemicals for data center construction or component manufacturing should act quickly to take advantage of this prioritization process. Early and informed coordination with EPA may reduce review timelines and avoid delays caused by the current PMN backlog.

For more information on EPA’s new chemicals review or to discuss opportunities to leverage this prioritized review process, contact Hunton’s chemicals team.