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Thursday, January 5, 2012

SNURs for 17 Chemicals & Carbon Nanotubes

EPA is proposing significant new use rules (SNURs) under section 5(a)(2) of TSCA for rutile, tin zinc, calcium-doped and rutile, tin zinc, sodium-doped, and carbon nanotubes (CNTs). The proposed SNURs would designate as a significant new use the absence of the protective measures required in EPA issued consent orders.

Substances Subject to Proposed Rule EPA is proposing to establish significant new use and recordkeeping requirements for 17 chemical substances in 40 CFR part 721, subpart E.

This proposed rule includes 7 Premanufacture Notice (PMN) substances whose reported chemical names include the term "carbon nanotube" or "CNT". Because of a lack of established nomenclature for carbon nanotubes, the TSCA Inventory names for carbon nanotubes are currently in generic form, e.g., carbon nanotube (CNT), multi-walled carbon nanotube (MWCNT), double-walled carbon nanotube (DWCNT), or single-walled carbon nanotube (SWCNT). EPA uses the specific structural characteristics provided by the PMN submitter to more specifically characterize the inventory listing for an individual CNT. All submitters of new chemical notices for CNTs have claimed those specific structural characteristics as CBI. EPA is publishing the generic chemical name along with the PMN number to identify that a distinct chemical substance was the subject of the PMN without revealing the confidential chemical identity of the PMN substance.

Confidentiality claims preclude a more detailed description of the identity of these CNTs. If an intended manufacturer, importer, or processor of CNTs is unsure of whether its CNTs are subject to this proposed SNUR or any other SNUR, the company can either contact EPA or obtain a written determination from EPA pursuant to the bona fide procedures at §721.11. EPA is using the specific structural characteristics, for all CNTs submitted as new chemical substances under TSCA, to help develop standard nomenclature for placing these chemical substances on the TSCA Inventory. EPA has compiled a generic list of those structural characteristics entitled "Material Characterization of Carbon Nanotubes for Molecular Identity (MI) Determination & Nomenclature." If EPA develops a more specific generic chemical name for these materials, that name will be made publicly available.

This action would require persons who intend to manufacture, import, or process either of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.

For the complete proposed new rule click HERE.
For a pdf version of the proposed rule click HERE.
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