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Tag Archives: Significant New Use Rules

EPA Releases SNURS Affecting Multi-Walled and Single-Walled Carbon Nanotubes

In the Federal Register for Friday 09/17/2010, the Environmental Protection Agency (EPA), acting under the authority granted to it under section 5(a)(2) of the TSCA, issued as a final rule Significant New Use Rules (SNURS) affecting two chemical substances identified as generic multi-walled and single-walled carbon nanotubes (MWCNTs and SWCNTs respectively). These SNURs are applicable to manufacturers, importers, and processors, who will be required to notify EPA at least 90 days in advance if they intend to use these substances "for a use that is designated as a significant new use by this final rule. . . . EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment".

This final rule is the culmination of a process that has taken over a year. EPA had issued a direct final rule in the Federal Register issue of 06/24/2009. This direct final rule affected several chemical substances, including the MWCNTs and the SWCNTs, that had been the subject of various consent decrees issued by EPA. The language of the final rule affecting the MWCNTs read as follows:

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.  …

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

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 …

EPA Retracts Carbon Nanotube SNURs

Today’s issue of the Federal Register carries a notice from the EPA withdrawing two significant new use final rules. EPA is withdrawing these SNURs affecting multi-walled carbon nanotubes and single-walled carbon nanotubes after having received a notice of intent to submit adverse comments. The text of the notice is below and a link to the PDF version may be found here. The notice also refers to an earlier notice from EPA published in the Federal Register for June 24, 2009.

Federal Register: August 21, 2009 (Volume 74, Number 161)] [Rules and Regulations]               [Page 42177-42178] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21au09-7]                        

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2008-0252; FRL-8433-9] RIN 2070-AB27

Certain Chemical Substances; Withdrawal of Significant New Use Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of final rules.

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SUMMARY: EPA is withdrawing two significant new use rules (SNURs) promulgated under section 5(a)(2) of the

[[Page 42178]]

Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs), i.e., multi-walled carbon nanotubes (PMN P-08-177) and single-walled carbon nanotubes (PMN P-08- 328). These chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. EPA published the SNURs using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on these rules. Therefore, the Agency is withdrawing these SNURs, as required under the expedited SNUR rulemaking process. EPA also intends to publish in the Federal Register, under separate notice and comment rulemaking …

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