EPA Proposes Significant New Use Rule Under TSCA for Carbon Nanotubes

The Environmental Protection Agency (EPA) has issued a proposed rule that “would require persons who intend to manufacture, import, or process [multi-walled carbon nanotubes] 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 activities identified in the proposed rule as “a significant new use” are (i) “protection in the workplace” (“full-face respirators with N100 cartridges”), and (ii) “industrial, commercial, and consumer activities” (“additive/filler for polymer composites and support media for industrial catalysts”). According to the notice, EPA has issued the proposal under the authority of the Toxic Substances Control Act (TSCA) and would adopt the 90-day notice requirement to give the agency the opportunity to evaluate the intended use and “prohibit or limit that activity before it occurs,” if necessary. Comments must be submitted by March 5, 2010. See Federal Register, February 3, 2010.