The Environmental Protection Agency (EPA) has issued a significant new use rule (SNUR) for a multi-walled carbon nanotube under section 5 of the Toxic Substances Control Act (TSCA); it would require manufacturers, importers or processors of the chemical to follow manufacturing and use conditions already reviewed by EPA. The SNUR would require that any chemical manufacturer, importer or processor of the substance identified generically (due to confidentiality claims) as multi-walled carbon nanotubes notify the agency 90 days before seeking to make or use the chemical in a way that differs from those EPA has already reviewed. Section 5 of TSCA gives EPA the authority to review new chemicals before they can be manufactured or imported into the United States. The SNUR exempts from the requirements certain uses of carbon nanotubes, such as when they have been fixed onto a surface or encapsulated in plastic. See Federal Register, May 6, 2011.

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