EPA Promulgates SNURs for Two Carbon Nanotube Substances

On August 7, 2013, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) through a direct final rule for 53 chemical substances that were the subject of premanufacture notices (PMN), including two PMN substances whose reported chemical names include the term “carbon nanotube” (CNT). Seven of the chemical substances, including the CNT substances, are subject to consent orders under Section 5(e) of the Toxic Substances Control Act. Persons who intend to manufacture or process any of the 53 chemical substances for an activity that is designated as a significant new use must notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. The SNURs are effective October 7, 2013. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, are due September 6, 2013. If EPA receives written adverse or critical comments, or notice of intent to submit adverse or critical comments, it will withdraw the relevant SNUR(s) before the effective date.

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