On February 2, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNURs) for 27 chemical substances that were the subject of premanufacture notices (PMNs). The substances include polymer of terephthalic acid and ethyl benzene with multi-walled carbon nanotube (generic) (PMN Number P-13-573), which is subject to a Toxic Substances Control Act (TSCA) Section 5(e) consent order. The consent order requires the following measures:
- Use of personal protective equipment involving impervious gloves and protective clothing (where there is a potential for dermal exposure) and a National Institute for Occupational Safety and Health (NIOSH)-certified respirator with N-100, P-100, or R-100 cartridges (where there is a potential for inhalation exposure);
- Submission of certain physical-chemical data for the PMN substance within nine months of signing of the consent order;
- Submission of certain human health testing prior to exceeding the confidential production volume limit specified in the consent order;
- Processing and use of the PMN substance only for the confidential use specified in the consent order; and
- No use of the substance resulting in releases to surface waters.
The SNUR designates as a “significant new use” the absence of these protective measures. The SNURs require persons who intend to manufacture (including import) or process any of these 27 chemical substances for an activity that is designated as a significant new use by the rule to notify EPA at least 90 days before commencing that activity. The SNURs are effective on April 3, 2015.