EPA proposes new Significant New Use Rules for CNT
In a Federal Register notice released on the 6th November 2009, the United States Environmental Protection Agency (EPA) proposed significant new use rules (SNURs) for two types of carbon nanotubes, identified generically as a single-walled carbon nanotube (SWCNT) and a multi-walled carbon nanotube (MWCNT) in order to protect trade secrets.
This follows EPAs withdrawal of final significant new use rules (SNURs) for single- and multi-walled carbon nanotubes (CNTs) in August 2009 (see our news entry) after EPA received notice that adverse comments were going to be filed.
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.
The current proposal differs from the former direct final rule the EPA withdrew by including a prohibition on any "predictable or purposeful release" of the carbon nanotubes into U.S. waters. Based on test data, the EPA has concluded that SWCNTs and MWCNTs pose risks to human health, particularly the lungs. To reduce that risk, the proposed rules require that workers exposed to carbon nanotubes wear an NIOSH approved full-face respirator, skin protection in the form of gloves and other protective clothing, and recommends a 90-day toxicity inhalation study of carbon nanotubes be conducted in rats.
James Votaw, the Environmental Attorney who sent EPA the notice of intent to submit adverse comment that resulted in the withdrawal of the final SNUR in June, said the current SNURs are the first related to carbon nanotubes and are therefore "...most significant because they can reasonably be expected to be the model for future consent orders and SNURs covering carbon nanotubes," adding that "[C]ompanies planning to process carbon nanotubes in the future should assess what they, or perhaps their customers, would need to do … to comply with the controls specified in the SNURs and raise and resolve any uncertainties or ambiguities with EPA now."
Click here to access the Federal Register notice of November 6th, 2009 (Volume 74, Number 214). Information on submitting comments may be found within the notice. Comments must be received on or before December 7th, 2009.