On Friday, 11/06, 2009, the Environmental Protection Agency (EPA) published a "Proposed Significant New Use Rules on Certain Chemical Substances" in the Federal Register (74 FR 57430). The "certain chemical substances" that the new use rules would affect are multi-walled carbon nanotubes and single-walled carbon nanotubes. This would amend 40 CFR Pt. 721 by adding Pts 721.1055 and 721.1056. The text of these new parts can be found at the end of this entry.

The  proposed SNURs on these substances are based on and consistent with the
provisions in the underlying consent orders. The proposed SNURs
designate as a “significant new use” the absence of the protective
measures required in the corresponding consent orders. This action
would require persons who intend to manufacture, import, or process
either of these two 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 that activity before it occurs.

 

Information on submitting comments may be found in the link to the proposed rule. Comments must be filed on or by December 7, 2009.

The EPA had issued a direct final rule  regarding SWCNs and MWCNs in the Federal Register of June 24, 2009 (74 FR 29982), but this was withdrawn after EPA received notice that adverse comments were going to be filed.

As explained in the notice, based on test data, the EPA has concluded that SWCNs and MWCNs pose risks to human health, particularly the lungs. To reduce that risk, EPA would require that workers exposed to carbon nanotubes wear an NIOSH approved full face respirator and protective clothing. Any purposeful disposal of these substances into US waters or waterways would be illegal under the proposed rules. The proposed rule would be applicable to manufacturers, importers and processors.

The record for the proposed SNURs may be found on Regulations.gov as docket EPA-HQ-OPPT-2008-0252.

The text of the proposed new sections to be added to 40 CFR 721 :

Sec.  721.10155  Multi-walled carbon nanotubes (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as multi-
walled carbon nanotubes (PMN P-08-177) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec. 
721.63 (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (a)(5) (National
Institute for Occupational Safety and Health (NIOSH)-approved air-
purifying, tight-fitting full-face respirator equipped with N100
filters), (a)(6)(i), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (k) and (q).
    (iii) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 
721.125 (a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to this section.
    3. By adding new Sec.  721.10156 to subpart E to read as follows:

Sec.  721.10156  Single-walled carbon nanotubes (generic).

    (a) Chemical substance and significant new uses subject to
reporting. (1) The chemical substance identified generically as single-
walled carbon nanotubes (PMN P-08-328) is subject to reporting under
this section for the significant new uses described in paragraph (a)(2)
of this section.
    (2) The significant new uses are:
    (i) Protection in the workplace. Requirements as specified in Sec. 
721.63 (a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), (a)(4), (a)(5) (National
Institute for Occupational Safety and Health (NIOSH)-approved air-
purifying, tight-fitting full-face respirator equipped with N100
filters), (a)(6)(i), and (c).
    (ii) Industrial, commercial, and consumer activities. Requirements
as specified in Sec.  721.80 (k) and (q).
    (iii) Release to water. Requirements as specified in Sec.  721.90
(a)(1), (b)(1), and (c)(1).
    (b) Specific requirements. The provisions of subpart A of this part
apply to this section except as modified by this paragraph.
    (1) Recordkeeping. Recordkeeping requirements as specified in Sec. 
721.125 (a), (b), (c), (d), (e), (i), and (k) are applicable to
manufacturers, importers, and processors of this substance.
    (2) Limitations or revocation of certain notification requirements.
The provisions of Sec.  721.185 apply to this section.
    (3) Determining whether a specific use is subject to this section.
The provisions of Sec.  721.1725(b)(1) apply to this section.