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EPA Extends comment period

Wednesday’s Federal Register carried a notice from the Environmental Protection Agency (EPA) extending the comment period for proposed methods of collecting information regarding the use of nanoscale materials in pesticides published in the Federal Register of June 17, 2011. The original deadline for submitting comments was July 18, 2011. The deadline for submission has been extended to august 17, 2011.

The 30 day extension was requested by four commenters – Croplife America, a trade group repsenting " the developers, manufacturers, formulators and distributors of plant science solutions for agriculture and pest management in the United States", the American Chemical Council, the Chemical Producers and Distributors Association, a trade group "representing the interests of generic pesticide registrants, with a membership that includes manufacturers, formulators, and distributors of pesticide products", and theInternational Center for Technology Assessment, "a non-profit, bi-partisan organization committed to providing the public with full assessments and analyses of technological impacts on society". The comments may beviewed on Regulations.gov.

Information on submitting comments is available from either the original notice or the notice published on Wednesday.…

EPA Issues Significant New Use Rules for Multi-Walled and Single-Walled Carbon Nanotubes

In the June 24, 2009 federal register, the U.S. Environmental Protection Agency (EPA) issued two proposed Significant New Use Rules (SNUR) under Section 5(a) of the Toxic Substances Control Act (TSCA) for multi-walled and single walled carbon nanotubes.  The SNURs followed up on the EPA’s prior September 2008 consent orders entered into with Thomas Swan & Co. Ltd. (Swan) for two of its Elicarb carbon nanotube products.

Under TSCA, the prior September 2008 consent orders were only binding on Swan.  "Consequently, after signing a Section 5(e) Consent Order, EPA generally promulgates a Significant New Use Rule (SNUR) that mimics the Consent Order to bind all other manufacturers and processors to the terms and conditions contained in the Consent Order.  The SNUR requires that manufacturers, importers and processors of certain substances notify EPA at least 90 days before beginning any activity that EPA has designated as a "significant new use. These new use designations are typically those activities prohibited by the Section 5(e) Consent Order."

Under the terms of the Septmeber 2008 consent orders which are incorporated into the new proposed SNURs, significant new uses of multi-walled and singled-walled carbon nanotubes are deemed to occur when employees do not “use gloves impervious to nanoscale particles and chemical protective clothing;” and/or fail to “use a NIOSH-approved full-face respirator with an N-100 cartridge while exposed by inhalation in the work area.”

Thus, the new proposed SNURs require these same conditions.

Manufacturers should also be aware that the EPA considers carbon nanotubes new chemical

EPA Finally Issues “Nanosilver” Notice

In response to the Samsung Washing Machine "nanosilver" controversy last year, EPA indicated it would issue a federal notice concerning how it intends to treat silver ion generators under FIFRA. Many urged EPA to use this opportunity to issue a broad proclamation that all products containing nanoscale silver would be required to be registered as pesticides under FIFRA. NanoLawReport believed EPA would issue a significantly narrower ruling.

On Monday, EPA finally published its promised federal notice requiring products that emit silver ions or other antimicrobial substances to be registered as pesticides under FIFRA. EPA was clear that the notice is not intended to regulate nanotechnology as a whole, nor has the Agency even received information suggesting that the Samsung washing machine in question uses nanotechnology. Whether EPA will require other products containing nanosilver to be registered under FIFRA is likely to be decided on a case-by-case basis.…

US EPA’s Stewardship Program

US EPA’s long-awaited Nanoscale Materials Stewardship Program has finally been released for public comment and stakeholder involvement.  In fact, two Federal Register notices were issued today.  First, the notice on the Stewardship Program was issued.  Second, EPA issued a notice on the Information Collection Activities in Support of EPA’s Stewardship Program for Nanoscale Materials.  Both notices and accompanying documents are available at EPA’s website.

EPA will conduct a public meeting to discuss comments on this voluntary program on August 2, 2007 in Arlington, Virginia, and the comment period will run for 60 days from the date of the Federal Register notices, July 12, 2007.

Check back for more details as we review these materials.…

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